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.

Ferra v. Gilmore (Aug. 20, 2021, B303592) 2021 WL 3700420 [nonpublished opinion]

Maria Ferra paid $1.6 million that she did not believe was owed, to stop a deed-of-trust holder from foreclosing on property Maria had sold to a third party under an indemnity and security agreement.  Maria then sued the deed-of-trust holder to recover the wrongfully-demanded money. 

Court of Appeal Reinstates GMSR’s Client’s Claims Seeking Return Of $1.6 Million

Maria Ferra paid $1.6 million that she did not believe was owed, to stop a deed-of-trust holder from foreclosing on property Maria had sold to a third party under an indemnity and security agreement.  Maria then sued the deed-of-trust holder to recover the wrongfully-demanded money. 

Johnson v. Williams (July 7, 2021, C088920) 2021 WL 2819851 [nonpublished opinion]

GMSR’s client admitted negligence arising out of a low speed rear-end collision, but denied that plaintiffs suffered any resulting damages.  The Court of Appeal affirmed the jury’s judgment of no damages, and rejected the claim that the trial court abused its discretion by allowing questions

Court of Appeal Affirms No-damages Judgment in GMSR Client’s Favor

GMSR’s client admitted negligence arising out of a low speed rear-end collision, but denied that plaintiffs suffered any resulting damages.  The Court of Appeal affirmed the jury’s judgment of no damages, and rejected the claim that the trial court abused its discretion by allowing questions

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. 2021) 838 Fed.Appx. 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. (2021) 60 Cal.App.5th 1078

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

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

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