Posts Tagged ‘2019’
KMS Partners Chip Cressey and Rick Wirick Prevail on Summary Judgment
After being convicted in state court of burglary and receiving an 8 year sentence, Plaintiff sued the State of California for false imprisonment. After the state’s motion for nonsuit was granted at the close of Plaintiff’s case in chief, Plaintiff sued his civil rights attorney arguing that the attorney had negligently failed to file a…
Read MoreEsther Kim and Robert Mckenna Prevail in a Bench Trial on the Statute of Limitations
After agreeing to bifurcate the case, the judge presided over a two day bench trial to determine if the case was filed within the applicable statute of limitations. Despite denying the same motion brought by way of motion for summary judgment, the court found that the defendants met their burden on proving their affirmative defense…
Read MoreDefense award rendered in favor of Jim Kjar, Jon Schwalbach and Hanna Dunn in Bariatric Surgery case.
The plaintiff underwent a gastric sleeve procedure performed by a bariatric surgery team at the defendant facility. After the surgery she developed numerous complications including a stricture, GERD and required extensive interventional and medical treatment. After a three week arbitration proceeding a defense award was made by the arbitrator.
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