Recent Wins

Horvitz & Levy LLP is proud of its victories over the years on behalf of clients in appeals involving major judgments and/or important public policy issues. To see summaries of some of the firm's most recent major wins, click the links below.

2008

Johnson v. American Standard, Inc. (adopting the "sophisticated user" doctrine in failure to warn cases)

Holdgrafer v. Unocal Corp. (reversing $5 million punitive damages award based on evidentiary and instructional error)

2007

Wilson v. 21st Century Insurance Co. (affirming the validity of the "genuine dispute doctrine" in insurance bad faith litigation)

Beal Bank, SSB v. Arter & Hadden, LLP (construing the "continuous representation tolling" rule that governs the statutes of limitations in malpractice actions against attorneys)

Shin v. Ahn (primary assumption of risk doctrine applies to golf and the danger of being struck by a carelessly hit ball)

Prachasaisoradej v. Ralphs Grocery Company (upholding profit-based incentive employee bonus plan under California labor laws)

Castaneda v. Olsher (reinstating nonsuit in premises liability case involving alleged duty to protect against gang-related violence)

Fassberg Construction Co. v. Housing Authority of the City of Los Angeles (reversing $3.9 million judgment against government contractor, thereby limiting damages in False Claims Act litigation)

Sterling v. Taylor (memoranda for sale of $14 to $17 million property insufficient to create enforceable contract under statute of frauds)

2006

Fair v. Bakhtiari (reversing Court of Appeal decision and affirming confidentiality of "term sheet" signed by parties to a mediation)

Border Business Park, Inc. v. City of San Diego (reversing $91.7 million inverse condemnation verdict and affirming new trial on $30 million breach of contract verdict)

Kibler v. Northern Inyo County Local Hospital District (anti-SLAPP statute applies to lawsuit arising out of hospital peer review committee proceedings)

Durando v. County of Los Angeles (retroactive benefits for disabled foster children obtained in pro bono writ proceedings)

Lyle v. Warner Bros. Television Productions (affirming summary judgment in favor of defendants in "Friends" sexual harassment case)

Gober v. Ralphs Grocery Co. (reducing $20 million punitive damages award to $1.5 million in sexual harassment case)

2005

Lockheed Litigation Cases (upholding summary judgment following exclusion of expert testimony on grounds of inadequate foundation)

Bosworth v. Whitmore (reversing $2.5 million arbitration award in favor of Brian "The Boz" Bosworth)

Kinsman v. Unocal Corporation (limiting the liability of landowners and others who retain contractors to perform work on the hiring party’s property)

AFSA v. City of Oakland (holding that Oakland's local ordinance regulating "sub-prime lending" within the city's boundaries is preempted by the state's anti-predatory lending law)

Jevne v. Superior Court (upholding Judicial Council authority to apply arbitrator ethics standards to arbitrators appointed by dispute resolution provider organizations)

Varian Medical Systems, Inc. v. Delfino (interlocutory anti-SLAPP appeal effects an automatic stay of ongoing trial court proceedings)

Tutor-Saliba-Perini, J.V. v. MTA (reversing $60 million judgment against subway contractor)

2004

Bronco Wine Company v. Jolly (California wine labeling requirements not preempted by federal law)

City of Lodi v. Randtron (state law preempts enforcement of local city ordinance requiring groundwater cleanup)

Gavaldon v. DaimlerChrysler (replacement or restitution remedy not required under California's "lemon law" for breach of a service contract)

Laico v. Chevron U.S.A. Inc. (reversing $2 million premises liability judgment)

Lewis Jorge Construction Management, Inc. v. Pomona Unified School District (reversing $3.1 million lost profits award on breach of contract claim asserting "impaired bonding capacity")

Morohoshi v. Pacific Home (Regional Centers not subject to vicarious liability under Lanterman Act)

Textron v. National Union (reducing $1.7 million punitive damages award to $360,000)

United States v. Universal Fruits & Vegetables (reversing $2 million judgment under the False Claims Act on jurisdictional grounds)

2003

Beckman Coulter v. Dovatron International Inc. (post-trial motion resulting in $911,000,000 reduction of judgment by settlement)

Bedrosian v. Tenet Healthcare Corp. (petition for rehearing reducing judgment by $105,082,439)

Diamond Woodworks, Inc. v. Argonaut Insurance Company ($5.5 million punitive award reduced to $1 million in first California case applying State Farm v. Campbell)

Kahn v. East Side Union High School (extending primary assumption of risk doctrine to coaches as well as sport co-participants)

Rosen v. State Farm (holding unambiguous insurance policy language may not be invalidated based on public policy)

2002

Advanced Bionics Corp. v. Medtronic (overturning injunction and limiting the circumstances under which California trial courts can restrain parallel state actions)

The Alliance for Children's Rights v. Los Angeles County Department of Children and Family Services (upholding juvenile court authority to oversee frequency of County social worker visits to foster children).

Bird v. Saenz (clarifying law governing bystander emotional distress liability in medical malpractice cases)

Mycogen Corp. v. Monsanto Co. (upholding reversal of $250 million judgment)

2001

Argo v. General-Dynamics Corporation (reversing $101 million judgment)

Coppola v. Warner Bros. (reversal of $80 million judgment)

Foxgate Homeowners' Assn., Inc. v. Bramalea California, Inc. (preserving mediation confidentiality)

Piscitelli v. Friedenberg (lost punitive damages not recoverable in a legal malpractice action)

Saelzler v. Advanced Group 400 (upholding limitations on landlord liability)

2000

Lockheed Litigation (reversing judgments totaling over $760 million)

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