Patrick Maloney Trial Practice and Case Summaries

Filemaker, Inc. v. Simpson: Lead trial counsel in jury trial of a copyright and trademark action. Obtained a jury finding that defendant wilfully sold counterfeit software.

Monroe v. Taylor:Lead trial counsel representing family of a young man who was shot at a night club. Jury returned a $900,000 verdict in favor the decedent’s family.

Neuburger v. San Francisco Network, Inc.: Trial counsel on behalf of a minority shareholder in a three month bench trial. Obtained a judgment holding the controlling shareholder and board members diverted corporate assets to the controlling shareholder’s family businesses through oppressive loans and leases.

Hinds Investments, L.P. v. United Fabricare Supply, Inc.: Obtained summary judgment on behalf of dry cleaning chemical distributor in a groundwater contamination case by demonstrating that distributor was not responsible for chemicals found in the soil below a dry cleaner.

Balboa Instruments, Inc. v. Spa Builders Support Group: Obtained summary judgment in antitrust and patent matter by demonstrating lack of market power and license rights.

Unlimited Resources Group, Inc. v. Guess?, Inc.: Obtained terminating sanctions and dismissal of breach of contract matter.

Gunderson v. Gunderson:Persuaded trial court that a jury verdict should be vacated and a new trial granted on the grounds of instructional error and conflicts in the jury’s findings.

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.