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Category

Results & Verdicts
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California builders and contractors win a huge victory in the California Supreme Court’s long awaited McMillin v. Superior Court (Van Tassell) case and builders should be able to force SB800 pre-litigation procedures.  In short, the SB800 Right to Repair scheme is the exclusive remedy unless there is some exception, such as a breach of written...
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Congratulations to Paul Acker and Troy Clark who successfully defended AMC Theatres in a jury trial.  Plaintiff alleged that there was a failure of the lighting system within an AMC Theater in Las Vegas that cause her to fall six feet and undergo surgery on her right ankle.  Both liability and damages were heavily contested....
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Congratulations to Tyler D. Offenhauser and David J. Byassee who successfully defended an attack against subcontractor American Gardens, its owner Patrick Migliorini, and the work of its sub-subcontractor AMS Paving, Inc., with a result of zero liability. In the largest known trip-and-fall accident verdict in California, a jury verdict of$16,322,950 was awarded to the Plaintiff Steven Picazzo, who was a...
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Congratulations to Keith G. Bremer and Benjamin L. Price for getting a Defense Verdict on a 14.5 million dollar libel demand against artist Frank Ocean. As reported by TMZ, BillBoard, and others, Bremer Whyte’s team beat a 14.5 million libel against Frank Ocean’s estranged father, when a Federal District Court ruled that Mr. Ocean’s father hadn’t...
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John O’Meara Reveals “Skeletons in the Closet” CRST, INC. Superior Court (2017) 11 Cal. App. 5th 1255 Hiring quality employees can be challenging; despite a company’s best efforts, bad apples slip into the system. And on occasion, one of those employees can have an at-fault accident which results in litigation against the employee for negligence,...
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Bremer Whyte’s attorneys win a complete defense verdict on behalf of Anacapa Berry Farms in Ventura County.  Plaintiff Erik Morales brought suit against Anacapa Berry Farms alleging he was exposed to pesticides on an Oxnard strawberry farm in 2007 before he was born.  The Plaintiff was born with hemifacial microsomia (a physical facial deformation in...
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On December 9, Tyler Offenhauser from our Newport Beach office, obtained an Arbitration Award in favor of subcontractors in an arbitrated case regarding interpretation of an indemnity agreement. After 70 days of arbitration, the Arbitrator made rulings as to fault for construction defects for both the General Contractor as it relates to the Owner, and...
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Bremer Whyte obtains complete defense verdict on behalf of San Diego homeowners Association and its Board of Directors. In a case titled Carmel Cove Homeowners Association v. Kelli Fuller, Kere Tickner and John Gottlieb represented a homeowners association and five (5) individual Board Members on a cross-claim for breach of fiduciary duty, retaliation and conflicts...
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SIRRAH ENTERPRISES LLC. v. WAYNE AND JACQUELINE WUNDERLICH “Relying on the lineage of cases establishing Arizona’s implied warranty or workmanship and habitability (“IWWH”), Lofts held that the IWWH is imposed at law—without regard to the parties’ contractual relationship—by virtue of the act of construction itself. Therefore, did the Court of Appeals err in creating an exception to Sullivan in...
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On October 20, 2016, the deadline to petition certiorari to the Colorado Court of Appeals passed, meaning that the ruling in Sierra Pacific v. Bradbury stands. This effectively confirms that Colorado’s six-year statute of repose begins once a subcontractor’s scope of work is substantially complete, irrespective of the status of the overall project. This decision...
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