25 Biggest Verdicts in California in 2002

Amount (in millions) Case Name and Court Plaintiffs Attorney(s) Defense Attorney(s) Description Status
1 $28,000.8 Bullock v. Philip Morris, Los Angeles Superior Ct., BC 249171 Michael J. Piuze
Law Offices of Michael J. Piuze
Los Angeles
Peter Bleakley
Arnold & Porter
Washington, D.C.
Plaintiff was a one- to two-packs-a-day smoker for 40 years and said that she believed the cigarette makersí claims that the cause of lung cancer was unknown. Years later, she couldn't quit even after she knew about the negative health effects. The largest-ever verdict for an individual Californian, the award included $750,000 in economic damages, $100,000 in non-economic damages and $28 billion in punitive damages. Reduced to $28 million. Appealed by both sides to the Second District Court of Appeal.
2 $500.2 City of Hope National Medical Center v. Genentech Inc., Los Angeles Superior Ct., BC 215152 Morgan Chu
Irell & Manella
Los Angeles
Robert A. Van Nest & Susan J. Harriman,
Keker & Van Nest
San Francisco
Genentech failed to pay royalties on drugs discovered through research done at City of Hope under the terms of a 1976 agreement. The award included $300 million in compensatory and $200 million in punitive damages. Appealed to the Second District.
3 $185.0 In re Real Estate Associates Limited Partnership Litigation, Central District, 98-7035 Nicholas E. Chimicles
Chimicles & Tikellis
Haverford, Pa.
Lawrence A. Sucharow
Goodkind Labaton Rudoff & Sucharow
New York
Robert J. A. Zito
Schiff Hardin & Waite
New York
Class action of 18,000 shareholders in eight partnerships who received consent solicitations from the managing general partner. The solicitations sought approval for the sale of interests in real property. The general partners then bought the interests. The shareholders sued for self-dealing. Settled for approximately $85 million.
4 $170.8 Claghorn v. Edsaco Ltd., Northern District, 98-3039 Richard M. Heimann
Lieff, Cabraser, Heimann & Bernstein
San Francisco
Daniel J. Herling
Duane Morris
Philadelphia, Pa.
Kendall R. Meyer
Quarles & Brady
Milwaukee, Wis.
Shareholders said they were defrauded into buying stock in a nonexistent company based on the assurances and fraudulent business practices of Edsaco, a British firm. Settlement undisclosed.
5 $156.0 Reiss v. NORCAL Mutual Insurance Company, Los Angeles Superior Ct., BC 190516 Larry R. Feldman & Jerome L. Ringler
Fogel, Feldman, Ostrov, Ringler & Klevens
Los Angeles
Robert G. Wilson & Steven L. Paine
Cotkin, Collins & Ginsburg
Los Angeles
A class of 700 physicians claimed it was defrauded into purchasing malpractice insurance from Norcal, based on Norcal's assurance that it would cover past malpractice liabilities through rate rebates. The rate rebates did not cover past liabilities, and the doctors sued for breach of contract. Settlement undisclosed.
6 $136.3 Atlantic Recording v. Media Group Inc. and Jimmy Chan, Central District, 00-CV-6122 Patricia H. Benson & Karin G. Pagnanelli
Mitchell Silberberg & Knupp
Los Angeles
Mitchell B. Young
Mitchell B. Young Law Offices
Los Angeles
23 record companies sued a Taiwanese CD production company for pirating more than 1,500 songs for counterfeit CDs. Media Group's former CEO appealed to the Ninth Circuit U.S. Court of Appeals. Both defendants are in bankruptcy.
7 $114.0 Internet Magic Inc. v. Netfax Inc., San Diego Superior Ct., 757699 Robert M. Steele
Meisenheimer Herron & Steele
San Diego
Michael B. McDonnell & John L. Romaker
McDonnell & Romaker
San Diego
Two companies applied for patents to send faxes over the Internet. Instead of fighting over the patent in a U.S. Patent and Trademark Office administrative action, which can take two to six years, they began merger talks. Defendant then used information gained in the merger talks to try to force plaintiff out of business. Reduced on remittitur to $10.4 million; defendant in bankruptcy. No appeal was filed.
8 $97.2 Pacific Coin Management v. BR Telephony Partners, Los Angeles Superior Ct., BC 242432 Anthony C. Duffy
The Duffy Law Firm
Irvine
Ronald M. Oster
Paul, Hastings, Janofsky & Walker
Los Angeles
William H. Lancaster
Seyfarth Shaw
Los Angeles
Two partners in a pay telephone company sued each other after the company defaulted on bank loans and was taken over by their bank. Plaintiff claimed that defendant had agreed to follow their conservative business model, but instead expanded too quickly and lost the company. Defendant countersued, claiming plaintiff failed to disclose his criminal history. Reversed in favor of defendant with a $1 damages award; appealed to Second District.
9 $84.3 Andrew Leyvas, ad litem v. Norma Paragas M.D., Alameda Superior Ct., 798868 4OH Cynthia Bernet-McGuinn & William Veen
Law Offices of William Veen
San Francisco
Robert Slattery
McNamara Dodge Ney Beatty Slattery & Pfalzer
Walnut Creek
Delayed treatment of jaundiced baby caused quadriplegia and cerebral palsy. Settled for about $17 million, the present value of the award.
10 $71.5 Valu Gas Inc. v. Equilon Enterprises, Los Angeles Superior Ct., BC 260592 Thomas P. Bleau & Nikki Fong
Bleau Fox & Fong
Los Angeles
David A. Destino & Nigel E. Jacques
Baker & Hostetler
Los Angeles
The plaintiffs, a group of gas stations lessees, had their leases assigned to Equilon, a joint venture of Shell and Texaco. The jury found that Equilon intentionally misled franchise dealers about portions of the leases relating to rate reductions. Vacated; new trial ordered.
11 $59.3 Greenwell v. Kaplan & John Muir Medical Center, Contra Costa Superior Ct., MSC 00 02889 Bruce G. Fagel
Law Offices of Bruce G. Fagel
Beverly Hills
J. Randall Andrada,
Andrada & Schanzenbach
Oakland
John L. Supple
Gordon Rees
San Francisco
The combined actions and inaction of doctors delayed emergency delivery of a baby. The baby was born with cerebral palsy. Settlement undisclosed.
12 $44.7 Steinberg Moorad & Dunn, Inc. v. David L. Dunn & Athlete's First, Central District, 01-1009 Franklin Brockway Gowdy
Morgan Lewis & Bockius
San Francisco
Lee J. Hutton & Stephen C. Sutton
Duvin Cahn & Hutton
Cleveland, Ohio
David Dunn was a partner in a sports management company that was bought by a Canadian money management firm. Dunn signed a five-year employment contract with the new ownership, but left two years later with five employees and most of the football clients. SMD claimed interference, fraud and blackmail. Appealed to Ninth Circuit; Dunn and Athlete's First are in bankruptcy.
13 $43.5 Brown v. Community Hospital of San Bernardino, San Bernardino Superior Ct., SCVSS 076207 Bruce G. Fagel
Law Offices of Bruce G. Fagel
Los Angeles
Louis H. De Haas
La Follette Johnson De Haas Fesler Silberberg & Ames
Los Angeles
A boy's parents sued after monitoring devices in his hospital crib were removed or shut off. The boy suffered brain damage so severe that he will never talk, walk or swallow. Bought annuity to satisfy judgment.
14 $40.0 CFM Technologies & Mattson Technology v. Dainippon Screen Manufacturing, Northern District, C 97-20270 JW Rik Parker
Woodcock Washburn
Philadelphia, Pa.
Jeffrey Fisher
Farella Braun & Martell
San Francisco
Japan-based Dainippon was found guilty of patent infringement in its chip-manufacturing process. After the verdict, but before the jury determined damages, the case settled for $40 million and cross-licensing agreements. Settled for $40 million and a cross-licensing agreement worth between $30 million and $70 million.
15 $33.7 Todak v. Foster Wheeler, San Francisco Superior Ct., 320621 Gilbert L. Purcell & John B. Goldstein
Brayton Purcell
San Francisco
Allan D. Gutsche & Julie A. Torres
Jackson & Wallace
San Francisco
Plaintiff built asbestos-laden boilers manufactured by defendant and contracted mesothelioma, a cancer caused only by exposure to asbestos. Plaintiffs claim it is the largest asbestos verdict ever in California. Settlement undisclosed.
16 $30.6 Gober v. Ralph's Grocery Company, San Diego Superior Ct., N 72142 Philip Kay
Law Offices of Philip E. Kay
San Francisco
John W. Dalton
Law Offices of John W. Dalton
San Diego
Helene Wasserman
Ford & Harrison
Los Angeles
John Golper
Ballard Rosenberg Golper & Savitt
Universal City
Six women sued defendant for failing to take administrative action against their store manager, whom they accused of physical assault and sexual harassment. The store manager was transferred three times, and after each transfer he continued harassing co-workers. Plaintiffs were offered a reduced award or a new trial. Two women accepted the reduction; four are appealing to the Fourth District Court of Appeal.
17 $20.0 Sole Energy Company v. Petrominerals Corporation, Orange County Superior Ct., 00CC06333 Nicholas Hornberger
Hornberger & Brewer
Los Angeles
Dan Rasmussen
Payne & Fears
Irvine
Plaintiffs wanted to buy oil rights controlled, but not owned, by defendant. After due diligence was finished, and days before the purchase was finalized, defendant canceled the negotiations and bought the rights for his own company. Partly reversed, partly vacated, fully appealed. Five appeals and cross appeals in federal and state courts.
18 $20.0 Karen Peterson and Jeffrey Peterson v. Hill Brothers Chemical Company, Alameda Superior Ct., 2001 031817 Simona A. Farrise
Kazan McClain Edises Abrams Fernandez Lyons & Farrise
Oakland
Phillip Berry
Berry & Berry
Oakland
Michael Vasquez
Vasquez & Estrada
San Francisco
Hill Brothers Chemical was found 100 percent responsible for a homemaker's mesothelioma cancer from exposure to asbestos-containing flooring in her childhood home. Settled for $19.5 million.
19 $19.9 Power Play Products Inc., v. Cables & Accessories Inc., Orange County Superior Ct., 00CC 06636 Michael Brewer
Hornberger & Brewer

Los Angeles
George Genzmer & Chip Farrell
Murchison & Cumming
Los Angeles
Plaintiffs contracted with defendants for UL-certified power strips; the defendant delivered products with counterfeit certification. Plaintiff sued for return of down payment and was met with a counterclaim of defamation. Defendant's counterclaim was thrown out. Plaintiff went out of business during the litigation and sued for malicious prosecution. Insurer has filed declaratory relief action in federal court; defendant has filed appeal in Fourth District.
20 $17.4 Sean Paul Ponce and Priscilla Ponce v. Bruce Bullias, M.D., and Denis Astarita, M.D., Orange County Superior Ct., 00CC01034 Greg Patton
Langford & Langford
Santa Ana
Carol Ann Salmacia
Haight Brown & Bonesteel
Santa Ana
A 26-year-old man was improperly intubated after a car accident, causing irreversible brain damage. Paid $7.5 million, the present value of the verdict.
21 $17.0 Kord Group v. Fieldstone Community and the City of Anaheim, Orange County Superior Ct., 763258 Robert Wolfe
Engstrom, Lipscomb & Lack
Los Angeles
Gregory Dillion
Newmeyer & Dillion
Irvine
In May 1999, the threat of a landslide forced residents of two Orange County communities to evacuate their homes. A judge determined the cause of the instability was a reservoir, and ordered it drained. Fourteen homes were razed to make way for the reservoir repairs. During the liability stage of a bifurcated trial, a unanimous jury found the city of Anaheim solely responsible for the damage. Appealed to Fourth District.
22 $16.0 Jeff McCardle, D.C. v. Greyhound Motor Lines, Inc., Los Angeles Superior Ct., BC 241699 Garo Madirossian & Joseph Barrett
Mardirossian & Associates
Los Angeles
Curtis Floyd
Floyd & Horrigan
Bakersfield
Dana Fox
Lynberg & Watkins
Los Angeles
The jury found that a relatively innocuous bus accident caused a chain of events that ultimately rendered a chiropractor a partial quadriplegic. Settled for $14.5 million pursuant to a pretrial high/low agreement.
23 $14.8 Agency for the Performing Arts, Inc. v. Walt Disney Pictures & Television, Los Angeles Superior Ct., BC 176829 Larry Feldman & Joel Klevins
Fogel Feldman Ostrov Ringler & Klevins
Los Angeles
Charles Samel
Howrey Simon Arnold & White
Los Angeles
Walt Disney Pictures & Television underpaid commissions to the packaging agent of Home Improvement,a television comedy series. Appealed to Second District.
24 $14.5 Patricia Ann Shugart v. OEA, Inc., Solano County Superior Ct., L 11697 Cynthia Bernet-McGuinn & William Veen
Law Offices of William Veen
San Francisco
Paul Kranz
Law Offices of Paul Kranz
Berkeley
Daven Lowhurst
Thelen Reid & Priest
San Francisco
An employee in a munitions factory was seriously injured when 250 very powerful and very sensitive pyrotechnics used in ejection seats exploded as she put them away. The explosives were a new product line in her factory, and the jury found that insufficient training in the handling of the more powerful explosives contributed to the accident. Appealed to First District Court of Appeal.
25 $14.3 Gustavo Juarez v. Arrow Disposal Service, Los Angeles Superior Ct., KC 028814 Lee G. Lipscomb
Engstrom Lipscomb & Lack
Los Angeles
Daniel T. Pierson
Law Offices of Daniel T. Pierson
Los Angeles
James R. York
Gray York & Duffy
Encino
Todd A. Norton
Norton & Norton
Los Angeles
A man was rendered a quadriplegic in a car accident caused by an uninsured dump truck losing its load of hardened concrete into oncoming traffic. Appealed to Second District.
(The Recorder, July 2003)

 
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