Arbitration, Mediation & Settlement

Arbitration, mediation, and/or settlement discussions may help resolve a dispute more quickly and efficiently than litigation, but the results often prompt litigation and appeals.  When clients turn to these alternative dispute resolution techniques, GMSR helps them by recommending mediators or arbitrators, formulating strategy, and drafting briefs that persuasively lay out their position.  GMSR also routinely represents clients in appellate proceedings related to alternative dispute resolution.

City of Santa Monica v. Baron & Budd (June 26, 2007, B187425) 2007 WL 1821392 [nonpublished opinion]

Waiver of right to arbitrate through litigation conduct

In re Marriage of Kim (June 27, 2006, B180883) 2006 WL 1743464 [nonpublished opinion]

Applicability of equitable estoppel to preclude enforcement of judgment lien on residential property

Meyerman v. Burgess (June 20, 2006, E037902) 2006 WL 1682627 [nonpublished opinion]

GMSR appellate lawyers Carolyn Oill and Robin Meadow won this affirmance. The appeal sought to overturn a highly favorable award on the ground that the trial court erred in compelling arbitration over the other side’s claim of waiver. The court accepted GMSR’s argument that substantial

In re Marriage of Burkle (2006) 139 Cal.App.4th 712

Application of presumption of undue influence in interspousal transactions and of requirement of sworn financial disclosures in post-marital agreement

Fuller-Austin Insulation Co. v. Highlands Ins. Company (2006) 135 Cal.App.4th 958

Reversal of $100-plus million, involving extent to which stipulated bankruptcy settlement of asbestos claims could be enforced against bankrupt defendant’s excess insurers

Bosworth v. Whitmore (2006) 135 Cal.App.4th 536

Court’s power to impose arbitration deadlines and to appoint/replace arbitrators

Aug 28, 2005 Related Cases
Baltmar v. Towson, 2005 Cal.App. Unpub. LEXIS 3822

Construction of class action settlement agreements

396 Investments, Inc. v. Farmers Insurance Exchange, 2005 Cal.App. Unpub. LEXIS 4876

Reduction of $25 million punitive damage award to $1 million

Prospect Medical Group, Inc. v. St. Jude Hospital, Inc. (May 26, 2005 G031410, G031684) 2005 WL 1249189 [nonpublished opinion]

Denial of petition to vacate arbitration award for arbitrator’s errors that were factual or barred by waiver or estoppel

May 18, 2004 Related Cases
In re Tobacco Cases (N.Y. 2004) 7 A.D.3d 368

Formulated winning strategy for reinstatement of 1.25 billion attorney-fee arbitration award

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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COMMUNITY PRO BONO

As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.

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