The following are some of the results WC&C has obtained for its clients. This list is representative only, and is based upon the unique facts in each case. WC&C does not guarantee that similar results may be achieved in other cases. Please see our Disclaimer.
Defense Judgment in Case Where The Plaintiff Was Seeking Over $18,000,000
WC&C partner Robert L. Esensten and WC&C partner Mark S. Gottlieb successfully defended the 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.
$23,300,000 Class Action Settlement in Wilson v. Airborne, Inc.
In February 2008, WC&C partner Melissa M. Harnett obtained a $23.3 million 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 will refund money to consumers who bought the product and who filed claims before the deadline ordered by the Court. The settlement resolves Plaintiff's 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 M. Harnett, Esq., and co-class counsel Fazio Micheletti LLP and the Center for Science in the Public Interest.
$700,000 Plaintiffs' Claim Preserved In Litigation And Appellate Double Victory
WC&C Partners, I.Donald Weissman and Mark S. Gottlieb, teamed their litigation and appellate expertise to preserve Plaintiffs' $700,000 claim in a lawsuit involving the theft of vintage Porsche racing engines. First, Mr. Weissman successfully vacated the dismissal of Defendant. Following an appeal of that ruling, although appeals are rarely dismissed without being fully briefed and adjudicated on their merits, on June 25, 2008, the Court of Appeal granted Mr. Gottlieb's motion to dismiss the appeal at the outset of the case. As a result of WC&C's ability to handle both litigation and appellate matters, Mr. Weissman and Mr. Gottlieb preserved our clients' right to proceed with prosecuting their claims in the trial court without the delay and expense of defending an appeal on the merits.
$2.85 Million Malicious Prosecution Victory Against Dow Chemical Company
In May 2008, WC&C partner I.Donald Weissman obtained a verdict for $2.85 million, plus interest, against Dow Chemical Comany on behalf of a small family-owned business for malicious prosecution. Dow approached Mee Industries with a license agreement for Dow patents that would have prohibited Mee from selling humidification and cooling systems it had been manufacturing and marketing for many years. When that failed, Dow sued Mee for infringement and sent letters to Mee customers stating that they may be infringing for using Mee products. The court ruled in favor of Mee and found that most of Dow's claims of patents were invalid. Mee had the right to continue to manufacture and sell its products. Mee sued Dow for malicious prosecution and, after only one hour of deliberation, the jury awarded Mee the fees and costs it incurred defending the suit brought by Dow.
$9.5 Million Settlement in Landslide Case against the City of Glendale, California
In 2008, WC&C Senior Partner 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.
$4 Million Settlement in Additional Landslide Cases in Santa Barbara
In 2007 and 2008, WC&C Senior Partner David B. Casselman settled a second group of cases also against Caltrans, totalling approximately $4 million. 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.
Over $150 Million of Pre-marital Assets Protected Through Prenuptial Agreement
In June 2007, WC&C Partner Tim T. Chang and Aster Chang, Associate, assisted and advised a successful business owner in negotiating, structuring and consummating a prenuptial agreement, protecting over $150 million of pre-marital assets.
Internal Revenue Code Section 368(a)(1)(E) Quasi-Reorganization Transaction Resulted In $2,268,000 Capital Reduction
In April 2007, WC&C Partner 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.
$5,000,000 In Series B Preferred Stock Financing Raised For Biotech Start Up Company
In January 2007, WC&C Partner Tim T. Chang assisted a biotech start up company in raising $5 million in its Series B Preferred Stock financing.
Suit Involving The Value of Land Resolved By $3,500,000 Reduction In Price
In October 2006, WC&C Associate Aster C. Chang, representing the plaintiff who bought vacant land, settled an action against the seller by reducing the purchase price of the land from $9,000,000 to $5,500,000. Plaintiff alleged that the purchase price of the land was based on the seller's representation of potential profits in building 95 condominiums on the land. However, 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
In October 2006, WC&C Partner Melissa Harnett was successful in her appeal of an adverse judgment against a medical school and its officers Prior to WC&C's involvement, the medical school and its officers were wrongly found liable by a jury for breach of contract and fraud. Ms. Harnett was retained to appeal the $1.3 million verdict on their behalf.
$1,200,000 Settlement in Slip And Fall
In October 2006, WC&C Senior Partner 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. In March 2005, 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.
$81 Million Settlement in Landslide Case in Santa Barbara
In June 2006, WC&C Senior Partner David B. Casselman finalized what 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 that occurred in January 2005, completely demolishing one home, damaging the structures of several others, and impacting traffic and residential values in the area. The residents sued in September, 2005, 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.
$107,000,000 Judgment In Music Industry Case
In February 2005, WC&C Senior Partner and lead trial counsel David B. Casselman and WC&C Partner I.Donald Weissman 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.
