Patrick Maloney Trial Practice and Case Summaries
Baja v. Bennett & Fairshter LLP: Trial counsel in five week jury trial against law firm defendants. The jury ruled in favor of the firm’s client on all counts with judgment entered against the defendants on fraud and conversion.
Hendershot v. Lifepoint: Lead trial counsel for defense in jury trial of a breach of contract that settled favorably on fifth day of trial, following cross-examination of the plaintiff.
Graf v. General Anesthesia Specialists Partnership Medical Group: Obtained dismissal of allegations arising from the physician peer review process with an Anti-SLAPP motion, by arguing that peer review proceedings are immune from suit.
General Anesthesia Specialists Partnership Medical Group v. Finational Collection Services: Briefed and argued numerous, successful dispositive motions, ultimately obtaining dismissal of the collection agency’s cross-complaint by demurrer, obtaining summary judgment of contract claims by establishing counsel’s conflict of interest on summary judgment, and obtaining dismissal of indemnity cross-complaint against GASP’s in-house counsel through motion practice.
North American Energy Services v. GENOR: Trial counsel in a contested arbitration involving the breach/termination of the contract governing the operation of a power plant in Latin America. The AAA arbitration panel awarded the full amount (approximately $1,000,000) of the plaintiff's requested damages. (Opposing counsel -- Stroock, Stroock & Lavan).
Damir v. Hillenbrand: Obtained dismissal of elder abuse claims at the pleading stage.
Madruga v. PacifiCare: Obtained dismissal of nationwide class action securities fraud suit at the pleading stage.
Polycom v. Magellan: Member of trial team that obtained a complete defense verdict in a breach of contract matter.
Latinrep v. Canadian Digital Systems Technologies, Inc.: Lead counsel for plaintiff in bench trial concerning unperfomed services contract. The court awarded the plaintiff all of the damages sought, plus attorney’s fees and costs.
Broad Bussell Family Limited Partnership v. Brennan Enterprises: Obtained writ of attachment that precipitated stipulated judgment.
Hughes v. Raytheon: Core member of team front obtained summary judgment in favor of Hughes on claims arising from transfer of liabilities in connection with a spin off merger.
Union v. World Service West: Lead counsel for management in arbitration involving post 9/11 layoffs of airport workers.
[Confidential Settlement:] Obtained settlement on behalf of a sporting goods manufacturer, from one of its vendors, notwithstanding substantial contractual language limiting available warranties, remedies and damages.
Technology Executive v. Publicly Traded Software Company: Obtained a favorable settlement on behalf of major computer software company sued by former employee alleging violation of severance pay agreement.
[Confidential Settlement:] Achieved nuisance value settlement on behalf of computer industry client sued by vendor, who alleged fraud and violations of the California Unfair Practices Act.
