Tort Litigation

GMSR’s appellate work has been on the leading edge of important tort issues, running the gamut from duty to breach to causation and damages. GMSR’s substantive experience includes personal injury, property damage, fraud and misrepresentation, products liability, landowner liability, vicarious liability, defamation and invasion of privacy, and construction defects.

Ninth Circuit affirms summary judgment for GMSR clients, holding a claimed “dying declaration” inadmissible

Plaintiff’s attorney in this asbestos case presented a declaration just before plaintiff’s death, purporting to identify the manufacturers of products he was exposed to decades earlier.  Plaintiff signed the document the day before he died.  The Ninth Circuit held that the document did not fit

Varney v. Goodyear Tire & Rubber Company (9th Cir., March 1, 2021, No. 19-35859) 2021 WL 777816

Plaintiff’s attorney in this asbestos case presented a declaration just before plaintiff’s death, purporting to identify the manufacturers of products he was exposed to decades earlier. Plaintiff signed the document the day before he died. The Ninth Circuit held that the document did not fit

GMSR Obtains Reversal Of $15 Million Punitive Damages Award

GMSR convinced the Court of Appeal to reverse a $15 million punitive damages award against GMSR’s client in a case involving alleged exposure to asbestos-cement pipe. The Court of Appeal rejected plaintiffs’ argument that there was an exception to the “officer, director, or managing agent”

Morgan v. J-M Manufacturing Co., Inc. (Jan. 27, 2021, No. B297393) Cal.App.5th.

GMSR convinced the Court of Appeal to reverse a $15 million punitive damages award against GMSR’s client in a case involving alleged exposure to asbestos-cement pipe. The Court of Appeal rejected plaintiffs’ argument that there was an exception to the “officer, director, or managing agent”

B.Q. v. Mesa Union School Dist. (Cal.App., Dec. 2, 2020, No. B303351) 2020 WL 7052293 [nonpublished opinion]

On the heels of a Ninth Circuit victory relating to the same events, the Court of Appeal affirmed the trial court’s dismissal of a student’s discrimination claim for failure to comply with the Government Claims Act. Deciding an issue of first impression, the Second District

GMSR wins second appeal relating to student’s discrimination claim against school district

On the heels of a Ninth Circuit victory relating to the same events, the Court of Appeal affirmed the trial court’s dismissal of a student’s discrimination claim for failure to comply with the Government Claims Act. Deciding an issue of first impression, the Second District

Mata v. Liberty Utilities (Nov. 19, 2020, B293479) 2020 WL ___ [nonpublished opinion]

Plaintiff claimed take-home asbestos injury from his father’s job at GMSR’s client, a water utility, where the father occasionally cut asbestos pipe. The jury awarded compensatory and punitive damages. The trial court struck the punitive damages on the ground that there was no evidence that

Court of Appeal affirms judgment notwithstanding the verdict for water utility

Plaintiff claimed take-home asbestos injury from his father’s job at GMSR’s client, a water utility, where the father occasionally cut asbestos pipe. The jury awarded compensatory and punitive damages. The trial court struck the punitive damages on the ground that there was no evidence that

Court of Appeal confirms that the Public Utilities Commission still has exclusive jurisdiction over claims alleging injury from electromagnetic fields

Plaintiff alleged that she suffered injury from exposure to electromagnetic fields (EMF) at her apartment building, to which GMSR’s client Southern California Edison provided power. Edison successfully demurred based on directly controlling California Supreme Court authority—San Diego Gas and Electric Company v. Superior Court (Covalt)

Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130

Plaintiff had an at-will contract with a non-party to develop a drug based on a certain active ingredient.  Defendant Biogen reached its own deal with that non-party to settle patent disputes and to license the same active ingredient—requiring that the at-will contract with Plaintiff be

Who We Serve

PUBLIC ENTITIES

Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

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TRIAL COUNSEL

The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.

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INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

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