GMSR’s appellate work has been on the leading edge of important tort issues, running the gamut from duty to breach to causation and damages. GMSR’s substantive experience includes personal injury, property damage, fraud and misrepresentation, products liability, landowner liability, vicarious liability, defamation and invasion of privacy, and construction defects.
Too Many Remedies or Not Enough: Balancing Wage Theft and Other Public Policy Concerns in Voris v. Lampert, 54 Loy. L.A. L. Rev. 881 (2021)
In a five to two decision, the California Supreme Court in Voris v. Lampert, 446 P.3d 284 (Cal. 2019) held there could be no tort conversion claim based on the nonpayment of wages. In doing so, the majority opinion distinguished the conversion of unpaid wages
Johnson v. Williams (July 7, 2021, C088920) 2021 WL 2819851
Court of Appeal affirms no-damages judgment in GMSR client’s favor
Court Of Appeal Affirms No-damages Judgment In GMSR Client’s Favor
GMSR’s client admitted negligence arising out of a low speed rear-end collision, but denied that plaintiffs suffered any resulting damages. The Court of Appeal affirmed the jury’s judgment of no damages, and rejected the claim that the trial court abused its discretion by allowing questions
Court Of Appeal Orders Trial Court To Vacate Erroneous Stay Order
Plaintiffs opted out of a consumer class action to pursue individual relief. The trial court, however, mistakenly believed that plaintiffs were still members of the class. During the hearing on defendant’s demurrer, the trial court stayed the case on its own motion, refusing to hear
Almendarez v. Superior Court (May 11, 2021, G059881) 2021 WL 1881641
Court of Appeal orders trial court to vacate erroneous stay order
Ninth Circuit Affirms Summary Judgment For GMSR Clients, Holding A Claimed “Dying Declaration” Inadmissible
Plaintiff’s attorney in this asbestos case presented a declaration just before plaintiff’s death, purporting to identify the manufacturers of products he was exposed to decades earlier. Plaintiff signed the document the day before he died. The Ninth Circuit held that the document did not fit
Varney v. Goodyear Tire & Rubber Company (9th Cir. 2021) 838 Fed.Appx. 288
Ninth Circuit affirms summary judgment for GMSR clients, holding a claimed “dying declaration” inadmissible
GMSR Obtains Reversal Of $15 Million Punitive Damages Award
GMSR convinced the Court of Appeal to reverse a $15 million punitive damages award against GMSR’s client in a case involving alleged exposure to asbestos-cement pipe. The Court of Appeal rejected plaintiffs’ argument that there was an exception to the “officer, director, or managing agent”
Morgan v. J-M Manufacturing Co., Inc. (2021) 60 Cal.App.5th 1078
GMSR obtains reversal of $15 million punitive damages award
GMSR Secures Win For Its Public Utility Client: Court Of Appeal Affirms Summary Judgment
A construction worker was electrocuted when his crewmember moved the aerial lift basket he was riding in close to a 60-foot power line owned by GMSR’s client, Southern California Edison. The construction worker sued, alleging that Edison had negligently failed to remove or de-energize the
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Who We Serve
Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.
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