Results
Erica Levitt and Alexandra Martino’s 4th Demurrer sustained without leave to amend foreclosing non-MICRA claim against healthcare provider
Erica Levitt and Alexandra (Ali) Martino secured a dismissal for their healthcare provider client without leave to amend by way of a 4th Demurrer. The plaintiffs alleged civil rights violations under Section 1983. To be liable for federal civil rights violations under Section 1983, a private party must act “under color of state law.” Erica and…
Read MoreRobert McKenna’s recent defense verdict featured by the Daily Journal in their “Top Verdicts” section.
The Daily Journal recognized partner Robert McKenna for having achieved a defense verdict in a 23 million dollar catastrophic injury case late last year in LA County. Please click on the link below to see the verdict as reported in the publication. Click Here To Download PDF
Read MoreNinth Circuit Court of Appeals upholds legal malpractice win for Jon Schwalbach and Jim Kjar
Jon Schwalbach and Jim Kjar wrote a successful a motion to dismiss for their client, a prestigious appellate law firm in Los Angeles, in a legal malpractice case. The plaintiff alleged federal civil rights violations against the client after it successfully defended an opposing party in a state appeal. Jon and Jim argued that their…
Read MoreJon Schwalbach wins Malicious Prosecution suit on anti- SLAPP Motion and receives fee award for client
Jon Schwalbach obtained a dismissal and fee award for a lawyer client in a malicious prosecution case. Jon’s client was sued by an opposing party after he failed to prevail at trial. The underlying lawsuit involved a year-long bitter dispute between two neighbors. Jon wrote and filed an anti-SLAPP motion, arguing that even though his…
Read MoreLegal Malpractice win by Jim Kjar and Jon Schwalbach upheld on appeal by Federal Ninth Circuit
Jon Schwalbach and Jim Kjar drafted a winning motion to dismiss for their client, a well-known family law firm in Los Angeles, in a legal malpractice case. The plaintiff alleged federal civil rights violations against the client for representing an opposing party in a lawsuit. Jon and Jim argued that their client was not liable…
Read MorePatrick Stockalper Prevails On Landmark Procreation Case At Trial Court And Appellate Level
In a decision published in June 2020, a California appeals court has ruled that in cases involving a loss of stored gametic material, such as cryogenically preserved sperm or eggs, plaintiffs may not seek damages based on their lost ability to conceive if the plaintiff had no legal right to use the materials for procreation.…
Read MoreRobert L. McKenna III, Michael R. Pittman, and Andrew J. Wiseman obtain a defense award in a $15 million hypoplastic left heart syndrome case on liability in a bifurcated arbitration
Mr. McKenna and his team obtained a defense award for several pediatric cardiologists and a pediatric anesthesiologist. The case was a very complex medical malpractice action involving care and treatment for a minor claimant with the congenital heart condition hypoplastic left heart syndrome (HLSS). Claimant alleged that the physicians failed to timely diagnose and treat…
Read MoreRobert L. McKenna III, Michael R. Pittman, and Andrew J. Wiseman obtain a complete defense verdict on liability in O’Rourke v. Ali with exposure of $30 million
In O’Rourke v. Ali, et al., Mr. McKenna and his team represented a hospitalist and there was also an emergency medicine physician who was a named defendant through trial. Plaintiffs were represented by Robert Vaage and Elizabeth Teixeira of the Law Offices of Robert Vaage. On January 13, 2012, then 53-year-old male plaintiff woke up…
Read MoreKMS Partner Alexandra Baraff “Knocks Out” case brought by Heavyweight Boxing Champion.
The plaintiff filed a medical negligence claim against client, urgent care facility alleging they breached the standard of care by failing to diagnose a right ankle fracture. The treating nurse practitioner noted the pain started nearly two months prior to seeking treatment and the plaintiff continued to train despite the swelling and pain. Upon examination,…
Read MoreJim Kjar and Hanna Dunn win case involving traumatic brain injury.
Plaintiff was a patient in a large Southern California hospital. She claimed that while she was unattended by her nurses in a hallway waiting for her medication that she fell, lost consciousness and suffered a traumatic brain injury. Plaintiff relied on MRI studies and multiple experts who testified that she suffered a structural injury to…
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