Trial Successes
Defense Verdict Obtained as Binding Settlement Agreement Upheld by Court in California
Freeman Mathis & Gary, LLP’s California partners Paul A. Bigley and Dhave K. Balatero successfully enforced a time-limited conditional policy limit settlement in phase one of a bifurcated trial based on the recent holding in…
Freeman Mathis & Gary, LLP’s California partners Paul A. Bigley and Dhave K. Balatero successfully enforced a time-limited conditional policy limit settlement in phase one of a bifurcated trial based on the recent holding in CSAA Ins. Exch v. Hodroj (2022) 72 Cal. App. 5th 272, 276 (“Hodroj”). Hodroj holds that the determination of the parties’ intent to settle is determined as a matter of law from the pre-litigation communications of the parties. Pursuant to Hodroj, Mr. Bigley and Mr. Balatero secured a judgment in favor of defendants by successfully arguing that the only relevant question is: “Would a reasonable person looking at the parties’ communications think they intended to be bound by a settlement agreement? ” When the answer is “yes,” an inconsistency in a later writing does not constitute a rejection of the offer.”
Litigation of this case dates back to 2019 involving a heavy two vehicle accident with both vehicles being declared total losses. Plaintiff claimed to have suffered many injuries and underwent several surgeries with medical expenses exceeding $3M. Plaintiff’s counsel claimed a time limited conditional policy limit demand was blown resulting in an “open policy” in the wake of the carrier tendering its minimal $15,000 policy limit. Plaintiff’s counsel never demanded less than multiple millions of dollars, and brought in two additional heavyweight plaintiff’s firms to litigate the case against Mr. Bigley and Mr. Balatero.
The trial proceeded in a bifurcated format upon the Court’s granting of FMG’s motion to first try defendants’ “prior settlement” affirmative defense which proceeded as a pure legal issue before the trial judge only. The Court previously denied defendant’s two prior motions for summary judgment. On December 1, 2023, the Court issued the Phase One ruling in defendants’ favor and found that there was a binding and enforceable settlement agreement. Defendants timely filed a memorandum of costs as the prevailing party. Plaintiff neither appealed the Court’s ruling nor filed a motion to strike or tax costs.
Hodroj is an important case and represents an important opportunity to curb the widespread abuse and gamesmanship that persists in the conditional policy limit demand arena.
Professionals
More Successes
More Successes
Defense Verdict in Pennsylvania Bench Trial
FMG attorney James Mathew received a defense verdict on behalf of Domino’s. The plaintiff alleged that a Domino’s delivery truck collided with his car, causing noticeable damages including scratches and dents. Testimony established that the plaintiff originally…
Defense Verdict in Case Alleging Race Discrimination and Retaliation
FMG attorney Jennifer Markowski obtained a defense verdict on behalf of a car dealership and its owners who were accused of creating a race-based hostile work environment and retaliating against the plaintiff, a salesperson, for complaining. The…
Defense Verdict in Defamation Case
After a weeklong jury trial, FMG attorneys Jennifer Markowski and Andrea Burke prevailed on all claims brought against their clients, a restaurant and its owner. The plaintiff was a former bar manager who alleged defamation and related tort claims…
Defense Verdict in Due Process Hearing
Las Vegas FMG attorney Samantha Edwards received a full defense verdict in a multi-day due process hearing for a local charter school. The risks were high, as not only were there allegations of denials of a Free Appropriate…
Successful Jury Verdict in California Catastrophic Paraplegic Lawsuit
FMG partners Paul Bigley and Jason Dineros successfully defended an admitted liability, catastrophic, head-on, auto accident case involving a 20-year-old paraplegic in a jury trial in Alameda County, California. Plaintiff sustained a T12 burst fracture that necessitated emergency spinal…
Defense Verdict in California Fiduciary Trust Claim
FMG attorneys William Munoz and David Chang obtained a defense verdict for their clients, a real estate salesperson and real estate broker, in a jury trial in Los Angeles. The plaintiffs were the mother, father and two sons. The…
Jury Significantly Reduces Damages in California Trucking Trial
FMG attorney Sharon Collier parachuted into this case after the close of discovery and shortly before trial. The case involved an admitted liability and causation rear-end accident. The plaintiffs claimed significant orthopedic injuries, including a past thoracic…
Complete Dismissal Obtained in Florida Workers’ Compensation Matter
FMG attorney Eric Eide, with support from Sarah Emrick, successfully defended a workers’ compensation claim seeking compensability, past hospital treatment, and past and future medical and mental health treatment resulting from a claimed accident with…
Favorable Jury Verdict in Colorado Trucking Case
FMG attorneys James Fairbanks and Jason Cooper secured a successful verdict on a damages trial for a nationwide trucking company. The plaintiff claimed extensive back injuries resulting from a major collision, even though he suffered from multiple degenerative conditions.…
FMG Attorney Dustin Karrison successfully defended a country club in a negligence suit in Maryland after the plaintiff slipped and fell on ice, causing him to sustain a significant ankle fracture that required two surgeries and sought…
FMG attorneys Eric Eide and Sarah Emrick obtained a defense ruling in a workers’ compensation trial, representing a nationwide recreational and lease community provider. The claimant was a resort manager who alleged he was substantially injured when a minor…
Complete Dismissal Obtained in Workers Compensation Dispute in Florida
FMG attorneys Eric Eide and Sarah Emrick secured a dismissal of all claims asserted against their client for wage loss benefits arising out of an industrial accident. The claimant was a Training Coordinator who allegedly…