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.
Karcher Firestopping, Inc. v. Local No. 5 Internat. Assn. of Heat and Frost Insulators and Asbestos Workers (9th Cir. 2008) 281 Fed.Appx. 722
A labor union filed a grievance against GMSR’s client and the client invoked its right under the collective bargaining agreement to have the grievance heard by a neutral arbitrator. The union asserted that the grievance instead had to be submitted to an administrative committee consisting
Nuanes v. Insignia Financial Group, Inc. (Feb. 20, 2008, A115240) 2008 WL 444951 [nonpublished opinion]
This complex derivative/class action was filed in 1998 and, after multiple rounds of mediated settlement negotiations, settled in 2002. The trial court approved the settlement, but an objector—who claimed the case was worth hundreds of millions of dollars more than the settlement consideration—successfully challenged the
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
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
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Who We Serve
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.
GMSR represents insurers on appeal effectively and efficiently. We also collaborate with our clients and trial counsel on strategy for coverage, contribution and bad faith litigation before appeals begin.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
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.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
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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