Proven Diligence

Cohen, et al. v. Robert Bosch Tool Corporation

Superior Court of California, County of San Diego

This was a class action brought on behalf of California consumers against defendant Robert Bosch Tool Corporation under the California Unfair Competition Law (UCL) for representing and advertising many of its products to consumers as “Made in USA” when, in fact, components of the products were made in other countries, including China.  By its actions, Robert Bosch misled consumers to purchase its products based on the false pretenses that consumers were supporting American workers.  N&B, with co-counsel, secured a settlement of $5.0 million.

Bloor, et al. v. Bankers Insurance Company, et al.

Superior Court of California, County of Orange

Plaintiff Kenneth Bloor was severely injured by the negligence of non-party Ollin International, Inc. Ollin had a commercial general liability policy with defendant Bankers Insurance Company, which it paid to renew and, in exchange for the policy premium, received two Certificates of Insurance from Bankers’ subagent evidencing coverage.  Bankers refused to defend Ollin and denied coverage, claiming that Ollin’s policy lapsed prior to the accident.  After defeating Ollin in the underlying action, Bloor hired N&B to prosecute a case against the insurer under an assignment of rights from Ollin.  N&B, along with co-counsel, took the case to trial and secured a settlement of $1.8 million on the eve of trial.

FCC, LLC, et al. v. Mizuho Medy Co., Ltd., et al.

United States District Court, Southern District of California

This was a fraud and breach of contract case by Plaintiff FCC, LLC, a Florida limited liability company against N&B’s client, Mizuho Medy Co. Ltd, a Japanese corporation.  Plaintiff was a factoring company that purchased roughly $1 million in invoices from Mizuho’s subsidiary, Mizuho USA, related to the widely-marketed “Confirm Clearly” pregnancy test.  Due to problems with the distributer regarding distribution agreements, Mizuho USA, whose only form of income at the time was proceeds and financing from pregnancy test sales, was forced into bankruptcy.  Plaintiff then tried to collect against N&B’s client, Mizuho Medy.

After extensive cross-border discovery and briefing, N&B successfully got the multi-million dollar claims against client Mizuho Medy dismissed.  N&B convinced the district court to dismiss the case based on lack of personal jurisdiction.  Not only did N&B successfully argue the dismissal of the entire case against their client, but N&B also secured a six-figure award of attorneys’ fees for their client, helping to recover significant defense costs.  This was actually the second time that N&B had successfully dismissed client Mizuho Medy from a multi-million-dollar lawsuit.

J.C.M. Iavelli Plastering, Inc., et al. v. State Compensation Insurance Fund, et al.

San Diego Superior Court, County of San Diego

This case arose from an insurance policy dispute between JCM Iavelli and State Compensation Insurance Fund (SCIF).  JCM Iavelli was a plastering business in San Diego, California and SCIF was JCM Iavelli’s workers compensation insurance policy carrier.  An employee of JCM Iavelli sustained injuries on October 19, 2005.  SCIF refused to indemnify or defend JCM Iavelli in relation to the employee’s claim. Although SCIF never properly notified JCM Iavelli, SCIF claimed JCM Iavelli’s policy was cancelled on September 6, 2005.  Without giving proper notice to JCM Iavelli and without valid grounds for cancellation of the policy, SCIF refused to cover the claim.  JCM Iavelli claimed it was in bad faith, and N&B secured a settlement for JCM Iavelli in excess of $700,000.

Loera,et al. v. Akal Security, Inc.(Phase 1)

Superior Court of California, County of Imperial

This is a class action brought by class representative David Loera on behalf of over 300 class members who were employed by Defendant Akal Security, Inc. for consistently violating the meal period, rest break, and overtime policies under California law.  Custody officers serving at the Homeland Security Detention Center in El Centro, California assert that they worked shifts longer than 8 hours without overtime pay, were required to be on-call for their lunch periods, were required to take only 20 minute lunches for a period of time, and were not given rest periods as required by California law. N&B, with co-counsel, successfully certified the class and then defeated virtually all of the defendant’s affirmative defenses in the first phase of trial.  The second and third phases of trial are set for 2011.

Markoff v. Upper Deck, et al.

Superior Court of California, County of San Diego

This was an action brought by Yvette Markoff against the Upper Deck Company on the grounds of wrongful termination.  Markoff was hired as an at-will employee to be the house manager for a home in Rancho Santa Fe which was designed with high technological features.  After several months of employment, Markoff proved that she was not capable of managing the household let alone its advanced technologies.  N&B defeated Markoff’s action against Upper Deck.

Vien Dong IV Supermarket, Inc., et al. v. AMCO Insurance Company, et al.

Superior Court of California, County of San Diego

Vien Dong IV Supermarket is a family owned grocery market in San Diego, California.  Vien Dong purchased a Premier Business Owner’s Policy from AMCO Insurance Company.  Vien Dong’s business suffered damage from a fire and Defendant AMCO denied coverage for certain aspects of the damage.  Vien Dong hired N&B to secure their insurance coverage.  N&B, along with co-counsel, filed a complaint against AMCO and the broker who secured the insurance policy.  Vien Dong received a settlement in excess of $1.5 million.

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