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The following are some of the results we have obtained for our clients. Prior results do not guarantee similar outcomes. Please see our Disclaimer.
$23,300,000 Class Action Settlement in Wilson v. Airborne, Inc.
Melissa Meeker Harnett obtained a $23,300,000 class action settlement in Wilson v. Airborne Inc., United States District Court for the Central District of California, case number 5:07-cv-770. As part of that settlement agreement, the makers of Airborne agreed to refund money to consumers who bought the product and who filed claims before the deadline ordered by the Court. The settlement resolves Plaintiffs' claims that the makers of Airborne - a multivitamin and herbal supplement - had falsely and illegally claimed that the product would cure and prevent colds. The class was represented by Melissa Meeker Harnett, co-class counsel Fazio Micheletti LLP and the Center for Science in the Public Interest.
$81 Million Settlement in Landslide Case in Santa Barbara
David B. Casselman reached was is believed to be the largest settlement in Santa Barbara County history. Caltrans paid approximately $81,000,000 to settle litigation involving a landslide affecting 66 Montecito residents. The lawsuit stemmed from a major hillside failure, completely demolishing one home, damaging the structures of several others, and impacting traffic and residential values in the area. The residents sued alleging that Caltrans had caused the slide by negligently excavating the lower slope of the Canyon. Caltrans was attempting to stabilize the hill above Route 144 to prevent sloughing onto the highway. However, by removing a massive quantity of earth at the toe of the Canyon, Caltrans triggered the deep landslide at issue, physically damaging homes, threatening others and stigmatizing the real estate market in the area.
$4 Million Settlement in Additional Landslide Cases in Santa Barbara
David B. Casselman settled a second group of cases also against Caltrans, totalling approximately $4,000,000. This settlement involved additional plaintiffs in the Montecito area who did not join the first case. The first phase cases were settled on the eve of trial. The second group settled before a lawsuit was filed.
$9.5 Million Settlement in Landslide Case against the City of Glendale, California.
David B. Casselman settled an action against the City of Glendale following a finding of liability at trial, in behalf of four property owners, for approximately $9,000,000. The design, construction and maintenance of a hillside city street channeled water onto plaintiffs hillside during heavy rainfall, destabilizing the hillside, undermining a City water line and triggering land movement which impacted each of the plaintiffs. The homeowner sought damages in inverse condemnation and nuisance. Following a finding of inverse liability, the matter was settled.
Successful Defense in Case Where The Plaintiff Was Seeking Over $18,000,000
Robert L. Esensten and Mark S. Gottlieb successfully defended a seller and two brokers against a claim for over $18,000,000 arising from the sale of a large retail shopping center. The plaintiff sued after the seller refused to sell the center to the plaintiff. The appellate court issued separate opinions affirming the orders dismissing the case on demurrer as to the seller and on motion for summary judgment as to the brokers.
Settlement of Class Action Resulting in Donation of $100,000,000
Class action lawsuits were filed against manufacturers, Motorola, Inc., Jabra, and Plantronics in Federal Courts across the country, claiming that the Bluetooth Headset makers had misrepresented their product, failed to inform consumers of the hearing loss which could be caused by the product, and to take adequate steps to prevent hearing loss among Bluetooth users. Thanks to the diligence, hard work and leadership of attorney, Melissa Meeker Harnett, and counsel for the related cases across the country, the manufacturers of the Bluetooth Headsets agreed to place warning labels on their product manuals and to add acoustic safety information to their websites. They also agreed to donate $100,000.00 to non-profit organizations that focus on preventing hearing loss.
Suit Involving The Value of Land Resolved By $3,500,000 Reduction In Price
Aster C. Chang secured a reduction in the purchase price of land of almost 40%, from $9,000,000 to $5,500,000. Plaintiff alleged that the seller misrepresented potential profits from the construction of 95 condominiums on the land. The seller allegedly knew but failed to disclose to plaintiff that a certain percentage of the development would be subject to the city's affordable housing program. During the litigation process, the city instigated an "in lieu" fees program where the developer could pay $1,000 for each condominium built on the land in lieu of compliance with the affordable housing program. Nevertheless, a settlement was reached reducing the sales price for the land by $3,500,000.
Successful Appeal Vacated $1,300,000 Million Adverse Judgment
Melissa Meeker Harnett successfully appealled an adverse judgment against a medical school and its officers. The medical school and its officers came to WCC&E after they were found liable by a jury for breach of contract and fraud. Ms. Harnett saved the clients $1,300,000.
$1,200,000 Settlement in Slip And Fall
Robert L. Esensten obtained a $1,200,000 settlement on behalf of his client for personal injuries she sustained in a slip and fall accident in a commercial building. The elderly plaintiff, who was recovering from chemotherapy for cancer, went to a salon, but entered a stairwell next to the unmarked back entrance to the salon by accident. As she turned around on the shiny black tiles, she fell onto her side, suffering hip and foot factures, a "dropped" or weakened foot, depression and tremors.
$107,000,000 Judgment In Music Industry Case
As lead trial counsel, David B. Casselman, obtained a $107,000,000 judgment on behalf of the plaintiff, a co-founder of a music recording company, in a lawsuit seeking the plaintiff's share of the profits of the company.
Over $150 Million of Pre-marital Assets Protected Through Prenuptial Agreement
Aster Chang, Associate, assisted and advised a successful business owner in negotiating, structuring and consummating a prenuptial agreement, protecting over $150,000,000 of pre-marital assets.
Internal Revenue Code Section 368(a)(1)(E) Quasi-Reorganization Transaction Resulted In $2,268,000 Capital Reduction
>Tim T. Chang assisted a wholly owned subsidiary of a Taiwan publicly held company to reduce its capital from $2,300,000 to $32,000 in a quasi-reorganization transaction pursuant to Internal Revenue Code Section 368(a)(1)(E). The company designs, manufactures, and markets Automatic Identification & Data Capture products and systems. The procedure eliminated the company's retained earnings deficit by restating certain assets, liabilities, and capital accounts.
