Trials & Arbitration

Some matters cannot be resolved by settlement or motion practice, and thus must be presented to a judge, a jury or an arbitration panel. The Maloney Firm has accumulated extensive experience trying a range of cases. Drawing on this expertise, The Maloney Firm conducts all phases of litigation with an eye toward preparing its cases for trial.

Our recent successes at trial include the following:

Filemaker, Inc. v. Simpson: Lead trial counsel in federal jury trial of a copyright and trademark action. Obtained a jury finding that defendant willfully 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 of 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.

Hendershot v. Lifepoint: Lead trial counsel for defense in jury trial of a breach of contract case that settled favorably on fifth day of trial, following cross-examination of the plaintiff.

Union v. World Service West: Lead counsel for management in arbitration involving post 9/11 layoffs of airport workers.

9152 Alden v. George Elkins Property Management: Lead trial counsel in bench trial involving a property management company’s theft of rents collected on behalf of the client. Obtained a plaintiff’s verdict, including $300,000 in punitive damages.

Gunderson v. Gunderson: Trial counsel in a dispute between a mother and son concerning a promissory note and the ownership of a building. 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.

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 unperformed services contract. The court awarded the plaintiff all of the damages sought, plus attorneys’ fees and costs.

Bonn v. Brobeck Phleger & Harrison, LLP: Successfully represented client in a fee dispute arbitration, resulting in a finding that the client did not owe the law firm an alleged $100,000 receivable.

Hunt v. DiBernardo: Represented client in a fee dispute arbitration, successfully reducing the claimed unpaid fees by approximately 50%.

Bulletin Displays v. Regency Outdoor Advertising, Inc.: Trial counsel for defendant national law firm in lawsuit arising under the Racketeer Influence and Corrupt Organizations Acts, the Sherman Act and the Cartwright Act. Plaintiff sought nearly $20 million in damages, which it sought to have trebled, legal fees and costs. Obtained a complete defense verdict.

State Fish Company, Inc. v. DeLuca: Trial counsel for defendant in matter asserting that corporate president breached his fiduciary duties to the corporation by claiming to own a warehouse facility used by the company, seeking to increase the rent for that facility, and recruiting corporate employees to work for a competing business. The Court of Appeal held that the trial record required judgment to be entered in favor of client, as a matter of law, including confirming client’s ownership of the warehouse facility.