Leucadia Law & Mediation

Civil litigation encompasses a broad legal spectrum where one person or entity sues another person or entity for monetary compensation. Following is a brief overview of some of the types of civil litigation matters that we handle. Depending on the type, nature, and complexity of your matter, we may agree to take you on as a client on an hourly basis, a contingency basis, or on a hybrid (part hourly, part contingency) basis.

If you have a particular matter that you do not see below, please contact us and we will either advise you whether or not we are able to take on your case for you, or we may be able to refer you to someone who can help you.

• Business Litigation. Our specialty is business litigation, which generally involves one business entity suing another business entity over a contract-related claim, whether written or verbal. We have extensive experience in both domestic and international matters, including not only contract claims but also patents, trademarks, and copyrights. We have special rate plans available if you are interested in retaining us as your corporate counsel, so please inquire if this is something that may be of interest to you.

• Employment Litigation. We have represented businesses and employees in employment disputes ranging from wage-and-hour claims to enforcement of non-compete clauses. We have also handled wrongful termination from both the employer side as well as the employee side.

• Landlord/Tenant. The bulk of the landlord-tenant disputes that we handle involve habitability issues, with our specialty being in water intrusion claims that have resulted in water intrusion and mold or microbial growth. We have prosecuted cases against “slum lords,” and we have defended landlords wrongly accused of negligence and nuisance in the maintenance of their rental units. Generally, leases contain a provision that awards attorney’s fees and costs to the prevailing party.

• HOA. Similar to Landlord-Tenant disputes, Homeowners Associations (HOA’s) have a certain duties and obligations as set forth in the CC&R’s that govern associations and their members. Again, the bulk of the HOA cases that we have prosecuted and defended have involved allegations of water intrusion and mold or microbial growth. Generally, CC&R’s contain a provision or clause that awards attorney’s fees and costs to the prevailing party.

• Insurance Bad Faith. The Insurance Code mandates that insurers have a duty and obligation to completely, competently, and quickly investigate claims by their insureds, and to attempt to find coverage wherever possible within the applicable policy. Most insurers do an excellent job in this regard, however insurers make mistakes in this regard. Insurers’ mistakes can create significant hardship for a wronged policyholder, and a breach of the implied covenant of good faith and fair dealing can result in not only compensatory damages, but also punitive damages.

• Personal Injury. Personal injury can take many different forms, from the most common soft tissue injuries to catastrophic injury or even death. We have litigated on both sides of these disputes, and know the ins and outs of presenting a well-prepared claim and, conversely, in how defendants attempt to reduce the damages in these types of claims.

• Misappropriation of Likeness or Image. Somewhat surprisingly, many unorganized or simply deceptive businesses take likenesses from members of the public, or even their own employees, without permission or consent and use these images to market and sell the business. Such a practice is illegal and severe penalties are imposed by code to punish wrongdoers. Again, we primarily handle these cases on a contingency basis, although due to the complexity of these cases we generally either charge a higher contingency than on personal injury matters, and/or work on a hybrid (part hourly, part contingency) basis. We would be happy to discuss your particular matter with you.

• Construction Defect / Water Intrusion. We have handled litigation involving one poorly constructed residence (or portion thereof) up to several hundred unit projects (or significant portions thereof) gone awry. The primary complaint we generally see in these types of matters is water intrusion and/or leaking that has resulted in mold or microbial growth. We have significant experience defending these types of matters, though as presently constructed we generally represent plaintiffs against contractors and/or developers on these types of cases.

• Intellectual Property. Working primarily in conjunction with patent bar attorney Eric Hanscom, we have handled several litigation matters involving patent infringement, copyright infringement, and/or trademark infringement. In March 2007, we successfully tried a large breach of contract and trademark infringement case in federal court that resulted in a seven figure verdict. We are here to assist you if you feel that your intellectual property (IP) rights have been violated, or if you want to know what your IP rights are in a particular circumstance or situation.