Krane & Smith

Results

  • Judgment after a well-publicized trial in excess of $100 million involving breach of fiduciary duty in a commercial/probate case through appeal to the California Supreme Court.
  • Jury verdict in excess of $65 million involving a dispute concerning a partnership agreement for the acquisition, management and financing of a real estate business.
  • Jury verdict in excess of $10 million against an insurance company for bad faith and breach of contract.
  • A jury verdict for fraud, breach of fiduciary duty and breach of contract in excess of $9 million involving a medical practice partnership.
  • Jury verdict in excess of $6.2 million for fraud and violation of the franchise law against a prominent national real estate brokerage firm and a defense verdict as to the Cross-Complaint.
  • Defense jury verdict in favor of a prominent surgeon at UCLA in a multi-million dollar sexual harassment case.
  • Judgment after trial in excess of $4 million in a contractual dispute regarding royalties related to a patent for cardiovascular inventions.
  • Jury verdict in excess of $1 million against a prominent foreign film distribution company.
  • Successful representation of a national personal emergency response company in intellectual property litigation to protect or contest the enforceability of its trademarks.
  • Multi-million dollar arbitration award against a prominent independent motion picture company.
  • Successful representation of lenders to a film company in litigation involving loans in excess of $5 million.
  • Successful representation of members of the music industry and athletes in trademark infringement cases.
  • Million dollar jury verdicts in separate legal malpractice actions.
  • Lead trial counsel in obtaining judgment in arbitration concerning ownership of a valuable domain name.
  • Lead trial counsel in patent ownership and trade secret litigation against interactive media company and secured patent ownership and settlement of the trade secret claims.
  • Jury verdict for $750,000 involving a promotional products company in a legal malpractice action.
  • $1.8 million arbitration award concerning a dispute regarding an apparel company.
  • Settlement in excess of $4 million in a civil litigation dispute concerning an apparel company.
  • Successful obtaining of specific performance of a real estate purchase agreement involving commercial property.
  • Lead trial counsel in obtaining $200,000 judgment after trial for breach of contract against a luxury automobile dealership involving a celebrity-owned exotic automobile, including $138,000 in attorneys’ fees and costs.
  • Represented Dr. Scott Connelly, the founder of the sports nutrition movement.   The Court of Appeal reversed in full the trial court’s dismissal of claims brought by Dr. Connelly against attorneys arising from their misconduct in connection with the formation and funding of a new business venture, which was supposed to commercialize certain nutritional products developed by Dr. Connelly.
  • Obtained a reversal by the Court of Appeals in an unpublished decision regarding the trial court’s failure to include post judgment interest on the portion of the judgment obtained by Appellant that included prejudgment interest. The Court of Appeal concluded that Appellant was entitled to post judgment interest on prejudgment interest and additional royalties under agreements to pay Appellant royalties for the invention of medical devices used in cardiovascular surgery. The original judgment was in excess of $4.0 million.
  • Obtained a reversal by the Court of Appeals in an unpublished decision of a summary judgment in a legal malpractice and breach of fiduciary duty case based on the trial court’s error in granting summary judgment on the grounds that Plaintiff’s complaint was time-barred.
  • Co-trial counsel in obtaining a defense verdict in real estate litigation seeking specific performance and substantial damages and ultimately recovered an award of $340,000 in attorneys fees and costs for trial and appeal.
  • Lead counsel in successful representation of first ballot Major League Baseball Hall of Fame player in several matters including a well-publicized right of publicity lawsuit against a global athletic footwear and apparel company.
  • Successful representations of owner of famous trademark “Honey Badger Don’t Care!” in trademark infringement actions throughout the United States, achieving significant settlements for client.
  • Obtained a complete defense of all claims against Grammy Award-winning recording artist in a real property dispute.
  • Achieved a significant legal victory for a physician/professor at a distinguished university. Successfully appealed the university’s decision finding the physician liable for harassment in a privilege and tenure administrative hearing. The Superior Court issued a writ of administrative mandamus overturning the university’s decision and reinstating all rights and privileges that were previously afforded to the physician.
  • Jogani v. Superior Court, 165 Cal.App.4th 901 (2008). Petition for writ of mandate granted; trial court committed error per se by denying Plaintiff his jury trial right on legal claim for quantum meruit.
  • Filippo Industries, Inc. v. Sun Insurance Company of New York, (1995) 35 Cal.App.4th 1728. Certified for partial publication affirming judgment on bad faith insurance verdict in excess of $8.3 million.
  • Uzyel Trusts v. Kadisha, (2010) 188 Cal.App.4th 866. Affirming judgment in excess of $100 million for breach of fiduciary duty against trustee of trust.
  • Gary Belz v. Clarendon America Insurance Company, (2007) 158 Cal.App.4th 615. Reversing summary judgment in bad faith insurance case.
  • U.S. Bank Nat’l Ass’n v. Yashoufar, et al., (2014) 232 Cal. App.4th 639. In an opinion certified for publication, the Court of Appeal reversed the trial court’s judgment in excess of $18 million and held that a prepayment fee provision contained in a $62 million note secured by an office building in downtown Los Angeles was not triggered by the Bank’s acceleration of the debt as a result of conflicts in the language contained in the promissory note and in the accompanying deed of trust.
  • Figueroa Tower I, LP v. U.S. Bank Nat’l Ass’n, No. B255844, 2015 WL 3754846 (Cal.Ct.App. June 16, 2015). In an opinion, the Court of Appeal reversed the trial court’s judgment in excess of $82 million and held that a prepayment fee provision contained in a $62 million note secured by an office building in downtown Los Angeles was not triggered by the Bank’s acceleration of the debt as a result of conflicts in the language contained in the promissory note and in the accompanying deed of trust. The Court of Appeal further held that Plaintiffs’ causes of action including breach of contract, wrongful foreclosure and declaratory relief be remanded to the Superior Court.
  • Jogani v. Jogani (2006), 141 Cal.App.4th 158, 166-168. Obtained reversal of a summary judgment ruling on the grounds that the trial court committed error by applying the doctrine of judicial estoppel to bar Plaintiff’s action because Plaintiff’s prior testimony in another proceeding was not successfully asserted in that proceeding.
  • Gordon v. Drape Creative, Inc., 909 F.3d 257 (9th Cir. 2018).  In a 27-page published opinion, the Ninth Circuit reversed the district court’s grant of summary judgment for the defendants-greeting card producers.  In the very first ruling of its kind, the Ninth Circuit found that a factual issue exists under the “Rogers test,” which courts use when a plaintiff sues for trademark infringement due to the defendant’s use of a trademark in an expressive work.  The Ninth Circuit held that the jury should determine whether the defendants’ use of the plaintiff’s “Honey Badger” catchphrases was explicitly misleading.  In all the Ninth Circuit’s previous five opinions applying the “Rogers test”, the court had always sided with the alleged trademark infringer as a matter of law, but not this time for the Honey Badger.