Trial and Appellate Work
Taking cases through trial is rarely the goal of businesses involved in litigation, and the majority of civil cases successfully resolve short of a verdict. However, retaining counsel with both the ability to try cases and who have a history of successful trial results is a must.
Walsworth not only has the knowledge and ability to deftly navigate litigation through trial, but also has the data to support our prowess in the courtroom, a feat that truly sets us apart. We have begun in nearly 900 jury trials and 250 nonjury trials, tried over 300 trials to verdict, and handled over 275 arbitrations.
Our team of highly successful trial lawyers also includes members of the American Board of Trial Advocates (ABOTA), one of the preeminent national organizations for experienced trial lawyers.
We advocate tirelessly for our clients and are pleased to have been included in the Daily Journal’s “Top Defense Verdicts” list on multiple occasions.
As a result of our diverse practice areas, we litigate a wide variety of cases, including:
- Product Liability
- Premises Liability
- Construction Defect
- Medical Negligence
- Partnership and Corporate Disputes
- Breach of Contract Claims
- Insurance Claims
- Toxic Tort
We are proud to have developed a reputation for being ready, willing and able to try cases in state and federal courts.
For over 25 years, we have represented clients in trial across a full spectrum of industries. Because we dive deeply into your business from the outset of representation to fully understand all of the intricacies, we can develop strategies and defenses that resonate in the courtroom. Our experience, creativity and collaboration are the keys to successful outcomes.
Our extensive experience before judges and juries is valuable not only when in trial, but is also of immense benefit before the case gets to that point. Our comprehensive knowledge of what it takes to succeed in trial is carefully applied to the strategic work-up of each case – be it through challenges to jurisdiction, managing discovery, excluding evidence, or motion practice to limit claims.
Success at trial often includes persuasive testimony by third-party professionals such as engineers, scientists and medical professionals. We regularly utilize experts in numerous specialties across the country and know how to most effectively present their testimony both prior to and at trial to help achieve the most desirable results.
- Cardinal Collection Educational Foundation v. Museum of Global Antiquities – Represented plaintiffs in a case where the defendants induced them to loan $4.8 million, and to then invest an additional $2.225 million, in classic violins. At trial, we convinced the jury the investment scheme was a ruse and the main violin at issue never existed. The jury awarded our clients $27 million in damages against the defendants, the Museum of Global Antiquities and its president.
- City of Pomona v. John Michael Faull, et al. – Successfully secured a defense verdict in an environmental contamination case involving numerous chemicals where we were asked to represent the defendant less than two months before trial. The City of Pomona alleged that the defendants’ operation of a bulk storage and distribution facility of hazardous chemicals for 50 years resulted in the contamination of soil and groundwater on its site and adjacent areas. Soil borings and groundwater logs detected significant concentrations of hazardous chemicals in each and every sample. With only three defendants remaining at the conclusion of trial, our client was the plaintiff’s target defendant. After a hard-fought bench trial, the judge ruled that plaintiff did not prove a single cause of action.
- Plaintiff v. Auto Insurance Company – Represented the defendant in an admitted liability case involving a car accident with disputed costs involving past and future medical treatment and loss of earnings. After trial, plaintiff was awarded 10 percent of his final 6-figure demand.
- LaMonica v. Consumer Products Company – Secured a defense verdict for a worldwide consumer products company in a personal injury mesothelioma case alleging exposure from a personal care product allegedly tainted with asbestos and asbestos-containing joint compound products used on the job. After more than three months of trial, the jury returned a resounding 12-0 decision for our client.
- Macpherson v. Pace – After an 8 week jury trial, secured a defense verdict in favor of the client, a small Bakersfield oil producer, who was sued by one of the largest California onshore oil producers, and others, for subsurface trespass and nuisance. The plaintiffs sought more than $35 million in damages relating to an alleged decrease in oil production. The jury deliberated for less than five hours before returning a verdict in favor of the client.
- Harkin v. Refinery Labor Company – Successfully secured a defense verdict for a refinery labor company in a personal injury mesothelioma case alleging exposure to asbestos during work at a San Francisco Bay area refinery. Following four weeks of trial, the jury found that no asbestos exposure was attributable to the defendant company.
- Rowberg v. Plumbing Supply Company – Secured a defense verdict for a plumbing supply company and its alleged predecessor entity in a wrongful death case following 17 days of trial. The plaintiff alleged the company supplied asbestos cement pipe to the plaintiff’s worksites, thereby exposing his wife to asbestos dust via his clothing. The wife subsequently contracted mesothelioma and passed away. Plaintiffs’ attorneys had asked the jury for $18 million.
- Borel Private Bank & Trust v. Alain Pinel et. al. – Obtained a defense verdict for the lead defendant contractor in a designated complex litigation involving allegations of construction defect damages and intentional acts. A post-trial verdict of attorney’s fees was awarded against the plaintiff, and the verdict and fees were subsequently affirmed on appeal.
- Cardinalli v. Monterey Checker Transportation, Inc. – Successfully secured a defense verdict for a taxi company and corporate directors in a business dissolution, employment and breach of fiduciary duty jury trial. The defense verdict was subsequently appealed by the plaintiff. The verdict was upheld on appeal in the Sixth Appellate District with the California Supreme Court and United States Supreme Court denying review.
- Fisher v. Financial Institution – Defended a financial institution and successfully prosecuted a cross-complaint arising from the lead bank’s negligence in managing a participation loan after a 13-day court trial.
- Jasik v. Financial Institution – Obtained a defense verdict in favor of financial institution and chairman individually in an action alleging lender liability and fraud arising out of sale of plaintiff borrower’s business.
- Abbis v. Various Defendants – Obtained a defense verdict in a bifurcated trial for a large utility company in the case arising out of the plaintiff’s claim that he suffered from asbestosis as a result of exposure while working on client’s property.
- Thompson v. Soltek – Defense verdict won after five-week jury trial for client general contractor in personal injury and wrongful death action brought by five plaintiffs arising out of exposure to toxic chemicals.
- Bercher v. Various Defendants – Defended an equipment manufacturer in a living mesothelioma case of a 73-year-old retired machinist who claimed exposure to asbestos while servicing auxiliary turbines. After a three-week trial, the jury voted in favor of defendants on the design defect question, but was unable to reach a verdict on plaintiff’s negligence claim. The jury was not persuaded that client had breached any duty, and the case concluded in a mistrial. Our client resolved favorably prior to the retrial.
- Evans v. Kaiser – Non-suit awarded to defendant HMO in medical malpractice case alleging failure to diagnosis and treat cancer.
- Financial Institution v. Genker, Factor, House – Prosecuted a claim on behalf of a financial institution to collect on loans in default. Also defended cross-complaints alleging lender liability. Case settled after the first day of trial with the client financial institution receiving payment on the loans and dismissal of the cross-complaints.
- Vivas v. Southern Counties Express – Secured a defense verdict in an accident involving a small car and a tractor-trailer. It was suspected that this was a fraudulent lawsuit and, during trial, we proved that two of the plaintiffs had lied under oath about critical aspects of the case.
- Valentine v. City of Westminster – Successfully secured a defense verdict for the City of Westminster and its employee in an action involving a seven-year-old child who darted out in front of a city-owned truck being driven by the city employee in a residential area.
- Rhoads v. Burger King – Successfully secured a defense verdict in an invasion of privacy case that drew both local and national media attention.