• Recent Results (November 2011)

    Posted November 2, 2011 By in Recent Results With | No Comments

    The results mentioned are representative and do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

    FACILITIES AND CONSTRUCTION

    • Bergman Dacey Goldsmith represented a community college district in a multi-million dollar construction defect action related to the District’s new learning resource center (“LRC”). The District claimed that the prime glazing contractor and its subcontractors had constructed a building that suffered from numerous defects, including that the building was not weather-tight. In turn, the prime contractor alleged that the District owed the contractor over one million dollars for unpaid extra work claims. After aggressively pursuing the case in court, and engaging in multiple mediation sessions, Bergman Dacey Goldsmith successfully settled the action with all the defendants before trial. The District recovered 100% of its costs to repair the LRC, as well as a substantial portion of its attorneys’ fees. Further, the glazing contractor received nothing by way of its cross-claim.
    • Bergman Dacey Goldsmith’s school district client contracted to build gymnasiums at four of its middle schools. The gyms were constructed with vinyl sports flooring laid over a concrete slab. Soon after the gyms opened, the floors failed, as a result of moisture intrusion, and several repair efforts were unsuccessful. The school district hired attorneys who filed suit against the construction manager, the concrete contractor, the flooring contractor and its subs, and the manufacturer of materials used to seal the concrete slab. After two years of litigation and mediation produced no satisfactory settlement proposals, the school district discharged its attorneys and retained Bergman Dacey Goldsmith to take over the case. Bergman Dacey Goldsmith developed and carried out a strategy to fully prepare the case for trial while simultaneously engaging in mediation with the construction manager, the responsible trade contractors, and the manufacturer of materials used to seal the concrete. After years of litigation and more than a dozen mediation sessions, Bergman Dacey Goldsmith negotiated a series of cash settlements with the responsible parties. These settlements, when added to earlier settlements with contractors responsible for other problems in the gyms, enabled the district to achieve a total recovery of more than four million dollars. This amount will enable the district to fix the flooring problems and recoup a significant portion of the attorneys’ fees incurred in the litigation.
    • In consolidated actions by several contractors arising from a construction project where a defaulting owner and its construction lender failed to pay the contractors for work performed (including Bergman Dacey Goldsmith’s clients – the prime contractor and general contractor on the project), Bergman Dacey Goldsmith took the “lead” on the cases and convinced the presiding judge to bifurcate the actions to try certain legal issues first. This approach limited litigation costs and, among other things, through persuasive motion work, was able to convince the construction lender to settle all of the claims, not only as to Bergman Dacey Goldsmith’s clients, but also as to all of the other claimants on the project, resulting in a successful resolution of the actions with controlled litigation fees and costs.
    • Bergman Dacey Goldsmith represented a school district in related actions brought against two firms contracted to provide architectural services and project management services for a public works modernization and relocation project under a bond construction program. The project’s general contractor brought an action against the District that resulted in a monetary judgment against the District. The dispute between the firms and the District related to the parties’ respective responsibilities for the losses suffered by the District in the underlying action. The District sought to recover its losses from both firms under indemnity and other legal theories. Through mediation with the firms and their respective insurance carriers, Bergman Dacey Goldsmith negotiated a substantial monetary recovery with both firms and non-monetary items from the architectural firm. This resolution resulted in significant savings by avoiding the expense of trial preparation and two trials.
    • Bergman Dacey Goldsmith represented a southern California city in an action involving a subcontractor which alleged breach of contract and payment bond claims against a prime contractor involving a California public works construction project. After a thorough analysis of the claims alleged against the client, Bergman Dacey Goldsmith negotiated a favorable settlement, which ultimately resulted in a dismissal of the entire action, with prejudice, as to all parties and causes of action. Bergman Dacey Goldsmith’s expertise and litigation strategy employed in this matter resulted in the client being dismissed without having to contribute any monetary amount to the settlement of the case.
    • Promptly following the filing of a direct and forceful pleading against the responsible parties that damaged our public entity client’s property, Bergman Dacey Goldsmith immediately initiated negotiations with the party defendants and was able to secure a favorable settlement for our client, prior to any party defendant needing to file any responsive pleading to our client’s action. As a result of Bergman Dacey Goldsmith, Inc’s strong and disciplined negotiation strategy, our client recovered monetary damages without incurring any significant litigation expenses.
    • Bergman Dacey Goldsmith represented a southern California city in an action brought by a local business alleging various Constitutional and tort claims as a result of purported business-related damages arising out of a public works project to replace and resurface a major thoroughfare adjacent to this business. After investigating the claims and confirming that California law strongly protects public entities against suits of this nature, Bergman Dacey Goldsmith negotiated a discovery moratorium so that the parties could attend mediation before incurring additional litigation fees and costs. The combined effect of Bergman Dacey Goldsmith, Inc’s expertise of the applicable law, combined with the mediator’s strong push on the business to settle, resulted in a resolution of the matter for under five percent of the business’ original damages claim, a number constituting a mere fraction of the fees and costs that would have been incurred by the City had this matter proceeded to trial.

    BUSINESS LITIGATION

    • Bergman Dacey Goldsmith defended a former majority shareholder and CEO of an IT staffing company in a majority shareholder breach of fiduciary duty lawsuit. The plaintiff claimed that the defendant had received excessive compensation from the company without making necessary disclosures to all shareholders. By alleging crossclaims against other individuals so that other parties would bear the burden of any settlement and by showing the weakness of plaintiff’s case through the discovery process, Bergman Dacey Goldsmith was able to settle the action for three percent of the plaintiff’s initial demand against our client.

    LABOR AND EMPLOYMENT

    • Bergman Dacey Goldsmith represented a City in a lawsuit arising out of the City’s Council’s decision to separate a City police officer from employment after it was found that the officer violated various provisions of the City’s General Orders governing officer conduct. The officer filed a petition for writ of mandate arguing that: (1) the City Council lacked jurisdiction to review the conclusions, findings, and recommendations of the City’s Civil Service Board of Review (“Board”); (2) the City Council improperly raised and decided a new charge of dishonesty in determining to separate the officer’s employment; and (3) the evidence did not support the finding of dishonesty against the officer. Through persuasive and cost-effective briefing and argument, Bergman Dacey Goldsmith successfully refuted each of these challenges and obtained a decision by the trial court upholding all of the City Council’s determinations, including the ultimate separation of the officer’s employment. In so doing, Bergman Dacey Goldsmith successfully defended the significant legal right of the City Council to review and control the conduct of the personnel who will comprise its police force and serve the public interests in its community.
    • Bergman Dacey Goldsmith represented a luxury transportation company in two separate lawsuits filed by former employees in an attempt to collect allegedly unpaid commissions. Bergman Dacey Goldsmith quickly obtained all relevant documents related to the claims, evaluated the merit of the claims, and was able to negotiate independent settlements for a fraction of the original claims, without the client incurring any significant legal expense.
    • Bergman Dacey Goldsmith represented a limited liability company in litigation brought by an employee who claimed his internal recruiter position was wrongfully eliminated when the company outsourced its recruiting. The employee’s complaint alleged race discrimination and failure to prevent race discrimination under FEHA, retaliation, wrongful termination in violation of public policy, and intentional infliction of emotion distress. By way of a motion for summary judgment, Bergman Dacey Goldsmith knocked out the two race discrimination causes of action. This matter was successfully resolved prior to trial at mediation for an amount approximately forty percent of the plaintiff’s settlement demand that was funded completely by our client’s insurance carrier.
    • Bergman Dacey Goldsmith represented a large manufacturer in litigation brought by an employee who claimed he was terminated because of his disability and in retaliation for his taking leave under the Family Medical Care Leave Act. Bergman Dacey Goldsmith successfully deposed plaintiff and conducted written discovery to obtain all the necessary facts to prepare a motion for summary judgment. Based on the facts and arguments it was including in its motion, Bergman & Dacey, Inc. negotiated a settlement for less than fifteen percent of the demand plaintiff made at mediation.
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