Litigator of the Week Runners-Up and Shout Outs
Runners-up this week range from eight-figure plaintiff-side win in a retaliation case to the reversal of a nine-digit asbestos verdict.
December 15, 2023 at 07:25 AM
4 minute read
LitigatorsOur first runner-up spot goes to David deRubertis of The deRubertis Law Firm and Taylor Prainito and Michael Zelman of Southern California Labor Law Group. A state court jury in Los Angeles this week awarded $41.49 million to their client, neonatal nurse Maria Gatchalian, after finding that she was terminated in retaliation after she raised concerns about understaffing leading to issues with patient safety and quality of care. Jurors awarded Gatchalian $2.49 million in economic damages for lost wages and benefits, $9 million for emotional distress, and $15 million in punitive damages against both defendants, Kaiser Foundation Hospitals and Kaiser Foundation Health Plan Inc.
Dale Cendali, Joshua Simmons and their team at Kirkland & Ellis got a summary judgment win for client Astronics Test Systems knocking out a copyright infringement claim from Teradyne—the sole remaining claim in an intellectual property dispute between the two defense contractors. U.S. District Judge George Wu in Los Angeles last week found that Astronics' use of Teradyne's copyrighted declaring code in its automated testing equipment constituted fair use. The Kirkland team also included partners Yvonne Beeler, Yimeng Dou, Yan-Xin Li and Miranda Means, along with associates Julien Jean-George Crockett, Nick Teleky and Josh Berlowitz.
Andrew Silverman of Orrick, Herrington & Sutcliffe helped head up a defense effort for Dow Chemical Co. subsidiary Union Carbide Corp. that wiped out a $107 million asbestos verdict against the company and codefendants in California state court. Judge Cary Nishimoto in Torrance this week granted the defendants' motions for judgment notwithstanding the verdict, which included $75 million in punitive damages against Union Carbide. In particular, the judge found "no substantial evidence" that Union Carbide asbestos was a substantial factor in causing janitor Joel Hernandezcueva's fatal mesothelioma. The defense line-up for Union Carbide also included Orrick's Eric Shumsky, Josh Rosenkranz, Amari Hammonds, Emily Villano and Anne Savin as well as co-counsel at Polsinelli including Stephen Nichols, David Schultz and Mary McKelvey. Union Carbide co-defendant E.F. Brady Company Inc. was represented by Jerry Popovich and Ashley Henning at Hawkins Parnell & Young. Co-defendant Elementis was represented by William Armstrong and Heather Weakley and DeHay & Elliston.
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