All Cases:

A matter pursued in London courts seeking coverage under English policies issued to Mr. Bolton was resolved with expert witness testimony assistance from Mr. Gauntlett, as well as consultation on the scope and nature of California law as it might apply to coverage for copyright … more >

CruiseAmerica v. Baker & Hostetler, Superior Ct. CA, County of Los Angeles, No. BC 174721 (Expert)
January 01, 1999
(Expert) CruiseAmerica v. Baker & Hostetler, Superior Ct. CA, County of Los Angeles, Case No. BC 174721 Analyzing whether there was a singular occurrence for purposes of assessing the aggregate coverage available to an insured under a professional Errors & Omissions … more >

Deutsche Wurlitzer
January 01, 2000
Deutsche Wurlitzer GmbH dba The Wurlitzer Jukebox Company filed a suit for insurance coverage benefits against Milwaukee Mutual Insurance Co. in U.S.D.C., N.D. Ill., Case No. 04-C-3312. The underlying action was Baldwin Piano, Inc. v. Deutsche Wurlitzer GmbH The … more >

Dogloo v. Northern Ins. Co., 907 F. Supp. 1383 (C.D. Cal. 1995)
January 01, 1995
Dogloo v. Northern Ins. Co., 907 F. Supp. 1383 (C.D. Cal. 1995) (Judge Collins found that there was a duty to defend claims for trademark and trade dress infringement filed by Doskocil Mfg., Inc. against Dogloo under a 1986 ISO policy form covering advertising injury because … more >

Donald Nunn v. CIGNA Property & Casualty Co., et al., Superior Ct. of CA, County of San Bernardino (Expert)
January 01, 1996
(Expert) Donald Nunn v. CIGNA Property & Casualty Co., et al., Superior Ct. of CA, County of San Bernardino, Case No: VCV 002299 A jury awarded $1,866,435.58 as compensatory and punitive damages in a suit against the insured's brokers for their erroneous conclusion … more >

E.piphany, Inc. v. St. Paul Fire & Marine Insurance Co., 590 F. Supp. 2d 1244 (N.D. Cal. 2008)
December 16, 2008
E.piphany, Inc. v. St. Paul Fire & Marine Insurance Co., 590 F. Supp. 2d 124 (N.D. Cal. 2008) (The court found a duty to defend where the policyholder asserting claims for tortious interference which the claimant, Sigma, alleged that E.piphany falsely stated that it was … more >

Elcom Hardware, Inc. v. Fireman's Fund Ins. Co., 92 Cal. App. 4th 205 (2001)
January 01, 2001
Elcom Hardware, Inc. v. Fireman's Fund Ins. Co., 92 Cal. App. 4th 205 (2001) (The claimant Penn Fabrication alleged trade dress infringement because El-Com's "marketing" confused customers as to the origin of a speaker unit handle design. Although the words … more >

Elcom Technologies v. Hartford Ins. Co. of the Midwest, 991 F. Supp. 1294 (D. Utah 1997)
January 01, 1997
Elcom Technologies v. Hartford Ins. Co. of the Midwest, 991 F. Supp. 1294 (D. Utah 1997) (applying Pennsylvania law).  False advertising claim in suit for intellectual property claiming that Elcom improperly marketed its products as patented when they were not, triggers … more >

Energex Systems Corp. v. Fireman's Fund Ins. Co., No. 96-CIV-5993 (JSM), 1997 WL 358007 (S.D.N.Y. June 24, 1997)
June 24, 1997
Energex Systems Corp. v. Fireman's Fund Ins. Co., No. 96-CIV-5993 (JSM), 1997 WL 358007, 1997 U.S. Dist. LEXIS 8894 (S.D.N.Y. June 24, 1997) (trade dress infringement/patent infringement insurance coverage)
… more >

Estate of Gary W. Parker v. AIG Life Ins., 317 F. Supp. 2d 1167 (C.D. Cal. 2004)
January 01, 2004
Estate of Gary W. Parker v. AIG Life Ins., 317 F. Supp. 2d 1167 (C.D. Cal. 2004) (General Coverage) (The court, finding life insurance benefits due to the Estate of Dr. Gary Parker, who died while on a trip to Cuba on the central highway, found the insurer improperly denied … more >

Farmer Publications Inc. (Clare Twedt) v. Tutton Ins. Co., CASC, County of Orange (Expert)
January 01, 1999
(Expert) Farmer Publications Inc. (Clare Twedt) v. Tutton Ins. Co., CASC, County of Orange, Case No. 774812 A jury awarded $300,000.00 as compensatory and punitive damages in a suit against an insurance broker that failed to advise a publisher that the CGL policy it sold to … more >

Finger Furniture Co., Inc. v. Travelers Indemnity Co. of Conn., 2002 WL 32113755 (S.D. Tex. Aug. 19, 2002)
August 19, 2002
Finger Furniture Co., Inc. v. Travelers Indemnity Co. of Conn., No. H-01-2797, 2002 WL 32113755, 2002 U.S. Dist. LEXIS 15351 (S.D. Tex. Aug. 19, 2002) (Slogan/title "True Value").  Bob Finger's Houston furniture store's use of the phrase "True … more >

Flexsys America L.P., subsequently Solutia, Inc.
Obtained $1 million policy limits upon filing of complaint for declaratory relief establishing potential coverage for factually nested claims of disparagement and antitrust litigation alleging abuse of a patent litigation process and improper influence of customers not to deal with a … more >

Fonovisa, Inc.
Fonovisa pursued various claims for trademark and copyright infringement and unfair competition against various artists affiliated with Banda Maguey in an action pending in U.S.D.C., C.D. Cal., as well as various claims for copyright infringement against individuals engaged in acts … more >

Fossil, Inc. v. Fireman's Fund Ins. Co., U.S.D.C. Case No. C99-5023 MHP (N.D. Cal. July 12, 2000)
July 12, 2000
Fossil, Inc. v. Fireman's Fund Ins. Co., Case No. C99-5023 MHP (U.S.D.C. N.D. Cal. July 12, 2000) (Judge Patel found claims that Fossil violated under Section 43(a) of the Lanham Act and engaged in unfair competition. The violation was premised on allegations that Fossil … more >

Four Seasons Greetings, LLC, adv. General Casualty Co. of Illinois, No. C8-021252, 2002 WL 31939106 (Minn. Dist. Ct. Nov. 6, 2002)
November 06, 2002
Four Seasons Greetings, LLC, adv. General Casualty Co. of Illinois, No. C8-021252, 2002 WL 31939106 (Minn. Dist. Ct. Nov. 6, 2002) (Promotion and advertisement of greeting card designs substantially similar to those of Taylor Corp. through automation of catalogues depicting … more >

G&A represented Open Software Foundation Inc. and Hewlett Packard Company...
January 01, 2000
G&A represented Open Software Foundation Inc. and Hewlett Packard Company. Open Software Foundation Inc., the United States Fidelity and Guaranty Co., Case No. CIV898-11177-GA (2001 WL 1298878 *6 n.3 D. Mass. 2001). aff'd 307 F. 3d 11 (1st Cir. Ct., (Mass.) … more >

Gibson Guitar Corp. v. The Travelers Indemnity Co., 947 F. Supp. 329 (MD Tenn. (Nashville Division)
January 01, 2000
Gibson Guitar Corp. v. The Travelers Indemnity Co., 947 F. Supp. 329 (MD Tenn. (Nashville Division) ("Tennessee courts excuse even extreme delay in providing notice in cases where the insured reasonably believed there would be no liability on the policy or could not … more >

Grand Opus, Inc
January 01, 2000
Mainland China-based corporate entity who, as a defendant in a trademark infringement action, sought insurance coverage from Liberty Mutual Insurance Co. as a successor-in-interest to Golden Eagle Insurance Co. in a pending litigation matter against the California Insurance … more >

Hameid v. National Fire Ins. of Hartford, 31 Cal. 4th 16 (2003)
January 01, 2003
Hameid v. National Fire Ins. of Hartford, 31 Cal. 4th 16 (2003) (Amicus curiae for United Policyholders) (Limited scope of opinion by persuading Court to add the term "usually" to the definition of "advertising" which provides: "widespread … more >

Hayes Specialties, Inc. adv. American States Ins. Co., No. 97-020037 CK 4, 1998 WL 1740968 (Mich. Cir. Ct. March 5, 1998)
May 05, 1998
Hayes Specialties, Inc. adv. American States Ins. Co., No. 97-020037 CK 4, 1998 WL 1740968 (Mich. Cir. Ct. March 5, 1998) (The court rejected the narrow definition of the "misappropriation of advertising ideas or style of doing business" as limited to forms of … more >

Heritage Mut. Ins. Co. v. Advanced Polymer Tech., 97 F. Supp. 2d 913, 921 n.5 (S.D. Ind. Div. 2000) (Expert)
January 01, 2000
(Expert) Heritage Mut. Ins. Co. v. Advanced Polymer Tech., 97 F. Supp. 2d 913, 921 n.5 (S.D. Ind. Div. 2000) ("We will sue without deciding that direct and induced patent infringement offenses could occur in the course of advertising.... [I]nduced patent infringement … more >

Hernandez, Jose Luis v. So. Cal. Physicians Ins., Superior Court CA, County of Los Angeles (Expert)
January 01, 1996
(Expert) Hernandez, Jose Luis v. So. Cal. Physicians Ins., Superior Court CA, County of Los Angeles, Case No. SC033 931 David A. Gauntlett was retained by the plaintiff who was seeking to enforce a settlement made by a medical group arising out … more >

Hewlett Packard Co. v. Ace Property and Casualty Co., No. C-99-20207 JW, 2003 U.S. Dist. LEXIS 3586 (N.D. Cal. Mar. 4, 2003)
March 04, 2003
Hewlett Packard Co. v. Ace Property and Casualty Co., No. C-99-20207 JW, 2003 U.S. Dist. LEXIS 3586 (N.D. Cal. March 4, 2003) (The court reaffirmed its finding that in an international policy, territory was defined as "worldwide for claim or suit resulting for an … more >

Hewlett-Packard Co. v. ACE Property & Casualty Co., No. C 99-20207 JW, 2003 WL 22126601 (N.D. Cal. March 4, 2003)
November 23, 2003
Hewlett-Packard Co. v. ACE Property & Casualty Co., No. C 99-20207 JW, 2003 WL 22126601, 2003 U.S. Dist. LEXIS 3586 (N.D. Cal. March 4, 2003) (Order filed Nov. 23, 2003).  In the first post-Hameid case to address the meaning of "advertising," the court … more >

Hewlett-Packard Co. v. CIGNA Property and Casualty Ins. Co., No. 99-20207 SW, 1999 U.S. Dist. LEXIS 20655 (N.D. Cal. Aug 24. 1999)
August 24, 1999
Hewlett-Packard Co. v. CIGNA Property and Casualty Ins. Co., No. 99-20207 SW, 1999 U.S. Dist. LEXIS 20655 (N.D. Cal. Aug. 24, 1999) (Judge Spencer Williams found that the package inserts allegedly containing "fear, uncertainty and doubt" materials were … more >

Hewlett-Packard Co. v. Repeat-O-Type Stencil Mfg. Corp., 1995 WL 338181 (N.D. Cal. Feb. 7, 1995)
February 07, 1995
Repeat-O-Type Stencil Mfg. Corp. adv. Hewlett-Packard Co., No. C-92-3330 DLJ, 1995 WL 338181, 34 U.S.P.Q.2d (BNA) 1450 (N.D. Cal. Feb. 7, 1995) (patent infringement/trademark infringement), aff'd, 123 F.3d 1445 (Fed. Cir. 1997)
… more >

Hi-tek Designs
January 01, 2000
Hi-tek pursued a claim against Farmers Insurance Group and Truck Insurance Exchange in L.A. Superior Court for recovery of attorneys' fees paid in defense of counterclaims filed against Bobtron International and Rush Hour Clothing aka Boy London in Hi-tek Designs London … more >

High Concentrate Structures, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, No. 1264, Oct. Term 2003, Control 110765, 2004 WL 213235 (Pa. Com. Pl. Feb. 3, 2004)
February 03, 2004
High Concentrate Structures, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, No. 1264, Oct. Term 2003, Control 110765, 2004 WL 213235 (Pa. Com. Pl. Feb. 3, 2004) ("HCS's argument, that the term ‘malicious prosecution' as used in the Policy … more >

Homedics, Inc. v. Valley Forge Ins. Co., No. SA CV 99-0928 DOC (ANx), 1999 U.S. Dist. LEXIS 17317 (C.D. Cal. Oct. 29, 1999)
October 29, 1999
Homedics, Inc. v. Valley Forge Ins. Co., No. SA CV 99-0928 DOC (ANx), 1999 U.S. Dist. LEXIS 17317 (C.D. Cal. Oct. 29, 1999) (Ownership rights to patent conveyed "title" which was allegedly infringed by Homedics' use in advertisements of similar products to … more >

Hullpak Mfg. Inc. v. United States Fidelity & Guaranty Co., U.S. District Court, Eastern District of Washington
December 03, 1993
Hullpak Mfg. Inc. v. United States Fidelity & Guaranty Co., U.S. District Court, Eastern District of Washington, Case No. CS-93-0194-AAM (E.D.W.A., Dec. 3, 1993).  The court found that the complaint that briefly alleged infringement and inducement without specifying … more >

Impression Bridal, Inc. v. Ohio Cas. Ins. Co., No. H-97-528 (U.S.D.C. (Tex, Houston Div.) Aug. 20, 1997)
August 20, 1997
Impression Bridal, Inc. v. Ohio Casualty Ins. Co., No. H-97-528 (U.S.D.C. S.D. Tex., Houston Div. Aug. 20, 1997) (trade dress/copyright infringement insurance coverage)
… more >

In Re Hayes Microcomputer Products, Inc., patent litigation, 966 F. Supp. 818, (D. Ga. 1991) (Consultant) (Insurance coverage for patent infringement claims asserted by Hayes under Georgia law)
March 26, 1993
(Consultant) (Insurance coverage for patent infringement claims asserted by Hayes under Georgia law see In Re Hayes Microcomputer Products, Inc., patent litigation, 966 F. Supp. 818, (D. Ga. 1991), including favorable coverage action or benefit of insured sued by Hayes … more >

Indian Harbor Ins. Co. v. Hartford Cas. Ins. Co., No. B192829, 2007 WL 2955564 (Cal. Ct. App. (2d Dist.) Oct. 11, 2007)
October 11, 2007
Indian Harbor Ins. Co. v. Hartford Cas. Ins. Co., No. B192829, 2007 WL 2955564 (Cal. Ct. App. (2d Dist.) Oct. 11, 2007) (antitrust/unfair competition; trademark infringement insurance coverage)
… more >

Infor Global Solutions (Michigan), Inc. v. St. Paul Fire & Marine Ins. Co., U.S.D.C. (N.D. Cal., San Jose Div.), No. 08-02621, Total Call Int'l, Inc. v. Peerless Ins. Co., ___ Cal. Rptr. ___ 3d., 2010 WL 188213 (Cal. Ct. App. Jan. 21, 2010)
January 21, 2010
Infor Global Solutions (Michigan), Inc. v. St. Paul Fire & Marine Ins. Co., U.S.D.C. (N.D. Cal., San Jose Div.), Case No. 08-02621 JW, Total Call Int'l, Inc. v. Peerless Ins. Co., ___ Cal. Rptr. 3d ___, 2010 WL 188213, at *6 (Cal. Ct. App. Jan. 21, 2010) … more >

Intex Plastics Sales Co. v. United National Ins. Co., 1990 WL 279505 (C.D. Cal. Dec. 6, 1990)
December 06, 1990
Intex Plastics Sales Co. v. United National Ins. Co., No. CV 90-2050 CBM (KX), 1990 WL 279505, 1990 U.S. Dist. LEXIS 18200, 18 U.S.P.Q.2d (BNA) 1567 (C.D. Cal. Dec. 6, 1990), reversed on other grounds, 23 F.3d 254 (9th Cir. 1994) (patent infringement insurance coverage)
… more >

Jaco Environmental, Inc. v. AISLIC, No. C09-0145 JLR, 2010 WL 415067 (W.D. Wash. Jan. 26, 2010)
January 26, 2010
Jaco Environmental, Inc. v. AISLIC, No. C09-0145 JLR, 2010 WL 415067, at *4 (W.D. Wash. Jan. 26, 2010) (AISLIC, having denied a defense, cannot claim that counsel appointed by Truck who associated in as defense counsel discharged its duty to defend as such counsel did not … more >

JACO Environmental, Inc. v. American Int'l Spec. Lines Ins. Co., 2010 WL 807441 (W.D. Wash. March 9, 2010)
March 09, 2010
JACO Environmental, Inc. v. American Int'l Spec. Lines Ins. Co., No. C09-0145JLR, 2010 WL 807441 (W.D. Wash. March 9, 2010) (The court found no issue of law to preclude a judicial finding in favor of the insured in its suit for attorneys' fees following adjudication … more >

John Peter Lee Ltd. vs. Zurich American Ins. Co., U.S.D.C., D. Nev. (Expert)
January 01, 2008
• (Expert) John Peter Lee Ltd. vs. Zurich American Ins. Co., U.S.D.C., D. Nev., Case No. CV-AS-98-00162-HDM (LRL) (Legal malpractice case alleging malpractice for failure to tender trademark infringement claim under commercial general liability policy created no damage … more >

JTH Tax v. Travelers Indem. Co. of Conn., No. CV-04-3986 (ABC) (JTLx) (C.D. Cal. Jan. 28, 2005)
January 28, 2005
JTH Tax v. Travelers Indem. Co. of Conn., No. CV-04-3986 (ABC) (JTLx) (C.D. Cal. Jan. 28, 2005)
… more >

Konami (America), Inc.
Konami (America), Inc. v. Hartford Insurance Co., Illinois Court of Appeal, Second Judicial District, Case No. 001219; trial court action DuPage County, Ill., 18th Judicial District, Case No. 94L00982. In the underlying action, North American Phillips Corporation v. American Vending … more >

Konica Corporation
Konica Corporation received analysis of the possibility of procuring patent defense coverage for its U.S. operations. … more >

Land and Sky, Inc. adv. Union Ins. Co., 247 Neb. 696 (1995)
January 01, 1995
Land and Sky, Inc. adv. Union Ins. Co., 247 Neb. 696 (1995) (The Nebraska Supreme Court, the first state supreme court to address coverage for patent infringement issues, found that the insured was entitled to a defense for claims of inducing patent infringement of a … more >

Lebas Fashion Imports of U.S.A. v. ITT Hartford Ins. Group, 44 Cal. App. 4th 531 (1996), aff'd on reh'g, 50 Cal. App. 4th 548 (1996), aff'd on modification, 50 Cal. App. 4th 1949A (1996) (Expert)
January 22, 1997
(Expert) Lebas Fashion Imports of U.S.A. v. ITT Hartford Ins. Group, 44 Cal. App. 4th 531 (1996), aff'd on reh'g, 50 Cal. App. 4th 548 (1996), aff'd on modification, 50 Cal. App. 4th 1949A (1996), petition for review denied (Jan. 22, 1997) (Guy Laroche … more >

Lebas Fashion Imports of USA, Inc. v. ITT Hartford Ins. Group, 44 Cal. App. 4th 531 (1996)
April 11, 1996
Lebas Fashion Imports of USA, Inc. v. ITT Hartford Ins. Group, 44 Cal. App. 4th 531, 52 Cal. Rptr. 2d 26 (1996), aff'd on rehearing, 50 Cal. App. 4th 548, 59 Cal. Rptr. 2d 36 (1996), aff'd on modification, 50 Cal. App. 4th 1949A (1996), petition for review denied (Jan. 22, 1997) (trade … more >

Lebas Fashion Imports of USA, Inc. v. ITT Hartford Ins. Group, Superior Ct. of CA, County of Los Angeles, No. BC 174721 (Expert)
January 22, 1997
(Expert) Lebas Fashion Imports of USA, Inc. v. ITT Hartford Ins. Group, Superior Ct. of CA, County of Los Angeles, Case No. BC 174721 Bad Faith action which insured demanded payment of reasonable attorneys fees incurred in a covered trademark … more >

Lexmark Int'l v. Transportation Ins. Co., No. 99 CH 3525 (Ill. Cir. Ct., Cook Co. Jan. 19, 2001)
January 19, 2001
Lexmark Int'l v. Transportation Ins. Co., No. 99 CH 3525 (Ill. Cir. Ct., Cook Co. Jan. 19, 2001) (trade secret misappropriation insurance coverage)
… more >

Liberty Mut. Ins. Co. v. Continential Ins. Co., 159 Fed. Appx. 827, 2005 WL 3418636, 10th Cir. Wy. O., Dec. 14, 2005) (Consultant)
December 14, 2005
(Consultant) Liberty Mut. Ins. Co. v. Continential Ins. Co., 159 Fed. Appx. 827, 2005 WL 3418636, 10th Cir. Wy. O., Dec. 14, 2005).  The court found that California Insurance Code § 533 precluded coverage for the insureds intentional and purposeful design to steal … more >

Lockheed Corp. adv. Procter, et al., Superior Ct. of Cal., County of Santa Clara, No. 731752 (Consultant)
January 01, 1999
(Consultant) Lockheed Corp. adv. Procter, et al., Superior Ct. of Cal., County of Santa Clara, Case No. 731752 (Environmental /Property Damage Pollution Coverage) (Gauntlett & Associates analyzed the work of other retained coverage counsel and made recommendations … more >

Lockwood Int'l, B.V. v. Volm Bag Company, 273 F.3d 741 (7th Cir. 2001), aff'd, No. 96-C-673, 2002 U.S. Dist. LEXIS 13869 (E.D. Wis. June 28, 2002)
June 28, 2002
Lockwood Int'l, B.V. v. Volm Bag Company, 273 F.3d 741 (7th Cir. 2001), aff'd, No. 96-C-673, 2002 U.S. Dist. LEXIS 13869 (E.D. Wis. June 28, 2002) (Justices Posner, Flaum, and Manion issued an opinion reversing and remanding the decision of Judge … more >

LTS Builders Inc. v. Erie Insurance Exchange, Pennsylvania Court of Common Pleas County (Consultant)
July 31, 1998
(Consultant) LTS Builders Inc. v. Erie Insurance Exchange, Pennsylvania Court of Common Pleas County, Case No. 003844, Order July 31, 1998.  The court found that architectural design plans for a subdivision development where displayed on advertising materials … more >

Mastey de Paris, Inc.
Henri Mastey and Jean Yves Mastey
Mastey de Paris was a plaintiff in a coverage action in L.A. Superior Court against Commercial Underwriters Insurance Co. arising out of a suit brought against it by Key Brands International, Ltd. dba Key Distributors, Inc. in L.A. Superior … more >

MCI v. Aetna, underlying action (Consultant)
January 01, 2000
(Consultant) MCI v. Aetna, underlying action, MCI Telecommunications Corp. v. AT&T, U.S.D.C., District of Columbia Civil Action No. 92-2858HG; USA v. Western Electric Co. and AT&T, U.S.D.C., District of Columbia Civil Action No. 82-01292HHG; Unitel Communications … more >

Micron Technology Inc. v. Great Northern Ins. Co. (Consultant)
January 01, 2000
(Consultant) Micron Technology Inc. v. Great Northern Ins. Co. (Patent Insurance coverage analysis under "misappropriation of advertising ideas or style of doing business." Underlying action under Idaho law Micron Technology, Inc. adv. Texas Instruments, … more >

Mylan Lab. Inc., Mylan Pharm. Inc., et al. v. American Motors Ins. Co., Cir. Ct. of Monongalia County, West Virginia, Civil Action
February 08, 2008
Mylan Lab. Inc., Mylan Pharm. Inc., et al. v. American Motors Ins. Co., Cir. Ct. of Monongalia County, West Virginia, Civil Action No. 07-C-69 (February 8, 2008). West Virginia, rather than Pennsylvania law applicable because that was where the alleged conduct generating … more >

New Hampshire Ins. Co. v. R. L. Chaides Constr. Co., 847 F. Supp. 1452 (N.D. Cal. 1994)
January 07, 1994
R.L. Chaides Constr. Co. adv. New Hampshire Ins. Co., 847 F. Supp. 1452 (N.D. Cal. 1994) (patent infringement insurance coverage)
… more >

New York New York Hotel & Casino, LLC v. General Star Indemnity Co., U.S.D.C. (D. Nev.)
January 01, 2000
New York New York Hotel & Casino, LLC v. General Star Indemnity Co., U.S.D.C. (D. Nev.) Case No. S-98-00383-HDM (RLH) Coverage dispute litigation over the use of the trademark name New York New York as used in relation to restaurant services within Las Vegas, Nevada … more >

New York, NewYork Hotel & Casino LLC v. General Star Indemnity Co., U.S.D.C., D. Nev. (Expert)
January 01, 2000
(Expert) New York, NewYork Hotel & Casino LLC v. General Star Indemnity Co., U.S.D.C., D. Nev. Case No. S-98-00383-HDM RLH (Nevada law). (Dispute between a restaurant and casino over the name New York, New York, for alleged trademark infringement fell within the coverage … more >

Nichia
U.S.D.C., N.D. Cal., Case No. 01-CV-20286 JW. In a coverage action filed against Sumitomo Marine & Fire Insurance Co., Ltd., which was subsequently transferred to the Eastern District of Pennsylvania, where Nichia America Corporation maintained its principal place of business, … more >

Norwalk Distributors, Inc. v. One Beacon Ins. Co., No. SA CV 04-533 DOC (U.S.D.C. C.D. Cal. July 13, 2004)
July 13, 2004
Norwalk Distributors, Inc. v. One Beacon Ins. Co., No. SA CV 04-533 DOC (U.S.D.C., C.D. Cal. July 13, 2004) (Denying OneBeacon's request for a continuance under Fed. R. Civ. P. 56(f), the court found that an endorsement which only required assertion against the insured … more >

Nusonics, Inc. v. Northwestern Pacific Indemnity Co., No. CJ 97-4194, D.C. Tulsa County (Jan. 21, 1999)
January 21, 1999
Nusonics, Inc. v. Northwestern Pacific Indemnity Co., No. CJ 97-4194, D.C. Tulsa County (Jan. 21, 1999), reh'g denied.  The court, analyzing coverage for a variety of claims, including trade secret misappropriation under a 1986 ISO policy provision, found a duty of … more >

Omnitel v. Chubb Group of Ins. Companies, 26 U.S.P.Q.2d (BNA) 1933 (Cal. Super. Mar. 26, 1993)
March 26, 1993
Omnitel v. Chubb Group of Ins. Companies, 26 U.S.P.Q.2d (BNA) 1933 (Cal. Super. Mar. 26, 1993) (Modem distributor sued by Hayes for inducing infringement through its dissemination of advertisements and manuals triggered a defense. Without its advertising, Omnitel's … more >

Panda Management Co., Inc. v. Wausau Underwriters Ins. Co., 62 Cal. App. 4th 992 (1998)
July 08, 1998
Panda Management Co., Inc. v. Wausau Underwriters Ins. Co., 62 Cal. App. 4th 992 (1998), depub., 1998 Cal. LEXIS 4376 (July 8, 1998) (Environmental Coverage/Property Damage) (The court depublished a ruling that found that the "absolute pollution" exclusion extended … more >

Payment Protection Systems Inc. v. Commercial Union Ins. Co., U.S. Dist. Ct., Dist. Of Col., Case No. 03-D 0094 (NJW) (Consultant)
January 01, 2000
(Consultant) Payment Protection Systems Inc. v. Commercial Union Ins. Co., U.S. Dist. Ct., Dist. Of Col., Case No. 03-D 0094 (NJW). ("This matter was subsequently resolved by settlement. PPR sought reimbursement of reasonable fees which was sought in a mixed trade … more >

Pelican Products Inc. v. Westport Ins. Corp., U.S.D.C. D. Kan. 2:03-CV-2636 (settled at mediation) (Consultant)
January 01, 2000
(Consultant) Pelican Products Inc. v. Westport Ins. Corp., U.S.D.C. D. Kan. 2:03-CV-2636 (settled at mediation) (Insurers' reliance on first publication exclusion to bar a defense was attacked, see J. Lamb Inc., 100 Cal. App. 4th at 1038 ("An insurer may … more >

Penny Preville, Inc. adv. Massachusetts Bay Ins. Co., No. 95 Civ. 4845 (RPP), 1996 WL 389266 (S.D.N.Y. July 9, 1996)
July 09, 1996
Penny Preville, Inc. adv. Massachusetts Bay Ins. Co., No. 95 Civ. 4845 (RPP), 1996 WL 389266, 1996 U.S. Dist. LEXIS 9671 (S.D.N.Y. July 9, 1996) (Penny Preville, Inc. was sued by Judith Ripka Designs, Ltd. for copyright, trade dress, deceptive advertising in violation of … more >

Playboy Enterprises Inc. v. Freena, 839 F. Supp. 1552 (M.D. Fla. (Jacksonville Division) 1993)
January 01, 1993
Playboy Enterprises Inc. v. Freena, 839 F. Supp. 1552 (M.D. Fla. (Jacksonville Division) 1993) (Court found the unauthorized use of Playboy photographs infringed upon its copyright as the magazine's trademark was used to identify bulletin board files, constituting … more >

Recording Industry of America v. National Union Fire Ins. Co., underlying action (Consultant)
January 01, 2000
(Consultant) Recording Industry of America v. National Union Fire Ins. Co., underlying action, Recording Industry of America et al. adv. Altmet Inc., et al., U.S.D.C., C.D. Cal., No. CV 047456 JFW (CTX) (Wrongful Acts under Errors and Omissions policy included … more >

Rosco, Inc. v. TIG Ins. Co., 1996 WL 724896 (N.D. Cal. Dec. 5, 1996)
December 05, 1996
Rosco, Inc. v. TIG Ins. Co., No. C-96-1822 TEH, 1996 WL 724896, 1996 U.S. Dist. LEXIS 18697 (N.D. Cal. Dec. 5, 1996), rev'd and remanded, 139 F.3d 907 (9th Cir. 1998) (choice of law)
… more >

Santa's Best Craft, LLC v. St. Paul Fire & Marine Insurance Company, No. 04 C 1342, 2008 WL 4328192 (N.D. Ill. Sept. 16, 2008)
September 16, 2008
Santa's Best Craft, LLC v. St. Paul Fire & Marine Ins. Co., No. 04 C 1342, 2008 WL 4328192 (N.D. Ill. Sept. 16, 2008)

Reconsideration Denied Where Broad Range of Slogans Found Implicated Even Though Nested Within Trade Dress Counts Otherwise Excluded … more >

Santa's Best Craft, LLC, et al. v. St. Paul Fire & Marine Ins. Co., No. 04 C 1342, 2004 WL 1730332 (N.D. Ill. (E. Div.) July 28, 2004)
July 28, 2004
Santa's Best Craft, LLC, et al. v. St. Paul Fire & Marine Ins. Co., No. 04 C 1342, 2004 WL 1730332, 2004 U.S. Dist. LEXIS 14760 (N.D. Ill. (E. Div.) July 28, 2004) (Slogans "New Technology"; "worry-free lighting") (The court found four distinct … more >

Sentex Systems, Inc. v. Hartford Accident & Indemnity Co., 93 F.3d 578 (9th Cir. (Cal.) 1996)
August 19, 1996
Sentex Systems, Inc. v. Hartford Accident & Indemnity Co., 93 F.3d 578 (9th Cir. (Cal.) 1996) (On August 19, 1996, the Ninth Circuit affirmed the district court's finding of potential coverage, noting that the rulings "that Sentex was engaged in … more >

Simba Toys U.S.A., Inc.
January 01, 2000
Simba Toys filed a coverage action against Travelers Indemnity Co. and Travelers Indemnity Co. of America in U.S.D.C., C.D. Cal., underlying Case No. CV03-9388 MNM (CWx). Following litigation, Travelers recognized its duty to defend and settle. There were allegations of trade dress … more >

Smith Kandal Real Estate v. Continental Casualty Co., 67 Cal. App. 4th 406 (1998)
January 01, 1998
Smith Kandal Real Estate v. Continental Casualty Co., 67 Cal. App. 4th 406 (1998) (General Coverage) (Smith Kandal, a real estate broker, was sued by its clients for improperly structuring a real estate transaction and causing them to lose tax benefits, which did not trigger … more >

Sony Corporation
Sony Corporation of America, a subsidiary of Sony Corporation, consulted on possible defense duties due under its umbrella policy coverage for unfair competition against price-fixing allegations related to Static Random Access Memory ("SRAM") antitrust litigation.
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St. Paul Fire & Marine Ins. Co. v. Advanced Interventional Systems, Inc., 824 F. Supp. 583 (E.D. Va. 1993)
June 22, 1993
St. Paul Fire & Marine Ins. Co. v. Advanced Interventional Systems, Inc., 824 F. Supp. 583 (E.D. Va. 1993), aff'd, 21 F.3d 424 (4th Cir. 1994) (patent infringement insurance coverage)
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State Farm Fire & Cas. Co. v. James m. Maxey, Cir. Ct. of Oregon, For County of Multnomah (Consultant)
September 22, 1993

(Consultant) State Farm Fire & Cas. Co. v. James m. Maxey, Cir. Ct. of Oregon, For County of Multnomah, Case No. 9209-06687, Sept. 22, 1993 (General Coverage) (Potential coverage for copyright infringement lawsuit where Playboy images were improperly downloaded for reuse by … more >

State of California v. Allstate Insurance Company, 45 Cal. 4th 1008, 90 Cal. Rptr. 3d. 1 (2009)
March 12, 2009

State of California v. Allstate Insurance Company, 45 Cal. 4th 1008, 201 P.3d 1147, 90 Cal. Rptr. 3d 1 (Mar. 9, 2009). Gauntlett & Associates, David A. Gauntlett for United Policyholders, Consumer Federation of America and Center for Community Action & Environment as … more >

State of California v. Continental Ins. Co., 88 Cal. Rptr. 3d 288 (Cal. Ct. App. (4th Dist.) 2009)
January 06, 2009
State of California v. Continental Ins. Co., 88 Cal. Rptr. 3d 288 (Cal. Ct. App. (4th Dist.) 2009) (In case involving cleanup of hazardous waste site, state may recover beyond limits of any one liability insurance policy period.)  David A. Gauntlett and James A. Lowe … more >

Superformance International Inc. v. Hartford Cas. Ins. Co., 332 F. 3d 215, 219 (4th Cir. (Va.) 2003).
January 01, 2003
Superformance International Inc. v. Hartford Cas. Ins. Co., 332 F. 3d 215, 219 (4th Cir. (Va.) 2003). ("Because we cannot come as law, foreclose the possibility that count 7 of the Shelby complaint, in the entire Ford complaint [which were added to the Mass. Litigation … more >

Telequest International Inc. v. Agins Siegl & Bernstein, U.S.D.C., D. N.J. (Expert)
January 01, 2000
(Expert) Telequest International Inc. v. Agins Siegl & Bernstein, U.S.D.C., D. N.J., Case No. 98-683-JCL (New Jersey law). (The expert in the case where the counsel did not give notice of a trademark infringement action and alleged the malpractice for same was asserted. … more >

The Limited v. Nationwide Ins. Co., Ohio Court of Common Pleadings, Franklin County (Consultant)
January 01, 2000
(Consultant) The Limited v. Nationwide Ins. Co., Ohio Court of Common Pleadings, Franklin County, Case No. 94CVH11-8405. (Case settled on favorable terms following pursuit of a motion for summary judgment re the design patent where exposure for sale of the fruit legging … more >

The Ohio Casualty Insurance Company v. Biotech Pharmacy, Inc. et al., U.S.D.C. (D. Nev.)
September 05, 2008
The Ohio Casualty Insurance Company v. Biotech Pharmacy, Inc. et al., U.S.D.C., District of Nevada, Case No. 2:05-CV-1214, RLH-PAL (D. NEV. 4-2-2008)  In the first decision nationally to expressly address an issue of Texas law, the Court predicted that the Texas Supreme … more >

Ultra Coachbuilders, Inc. v. General Security Ins. Co., 2002 WL 31528474 (S.D.N.Y. July 15, 2002)
July 15, 2002
Ultra Coachbuilders, Inc. v. General Security Ins. Co., No. 02 CV 675 (LLS), 2002 WL 31528474, 2002 U.S. Dist. LEXIS 13027 (S.D.N.Y. July 15, 2002) (trademark infringement insurance coverage)
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Ultra Coachbuilders, Inc. v. General Security Ins. Co., 229 F. Supp. 2d 284 (S.D.N.Y. 2002)
January 01, 2002

Ultra Coachbuilders, Inc. v. General Security Ins. Co., 229 F. Supp. 2d 284 (S.D.N.Y. 2002) (100% of recoverable defense fees with 10% interest from date of invoice) (applying California law) (The court found that prejudgment interest at 10% per annum was due from date of … more >

Watercloud Bed Co., Inc. adv. Aetna Casualty & Surety Co., 1988 WL 252578 (C.D. Cal. Nov. 17, 1988)
November 17, 1988
Watercloud Bed Co., Inc. adv. Aetna Casualty & Surety Co., No. SA CV 88 200 AHS (RWRx), 1988 WL 252578, 1988 U.S. Dist. LEXIS 17572 (C.D. Cal. Nov. 17, 1988) (patent infringement insurance coverage)
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Wilson, Sonsini, Goodrich & Rosati (Rogers, Joseph, O'Donnell & Quinn) adv. Galloway, Superior Ct. of CA, County of Santa Clara (Expert)
January 01, 2007
(Expert) Wilson, Sonsini, Goodrich & Rosati (Rogers, Joseph, O'Donnell & Quinn) adv. Galloway, Superior Ct. of CA, County of Santa Clara, No. 739500 Render opinion on whether failure to tender copyright infringement claim to CGL insurers of client was legal … more >

Witness Arbitration Expert in Matter Pending in Switzerland: Nestle
January 01, 2000

An arbitration pending in Zurich under Swiss law, Great Spring Waters of America v. Gherling, the court analyzed whether the term "spring water" was in fact false advertising as used by Nestle subsidiary's Great Spring Waters of America's further subsidiary, … more >

World Manufacturing, Inc. v. CNA, Superior Court of CA, County of Orange, No. CV 642648 (Expert)
January 01, 2000
(Expert) World Manufacturing, Inc. v. CNA, Superior Court of CA, County of Orange, Case No. CV 642648 In a binding arbitration award, pursuant to California Civil Code § 2860, Judge R. William Schoettler found that the attorneys fees incurred by counsel for defense of … more >

Zen Design Group, Ltd. adv. Cincinnati Ins. Co., No. 01-72823 (U.S.D.C. E.D. Mich. July 9, 2002)
July 09, 2002
Zen Design Group, Ltd. adv. Cincinnati Ins. Co., No. 01 72823 (U.S.D.C. E.D. Mich. July 9, 2002) (trademark infringement) (Antitrust claims potentially covered despite insurer/plaintiff in partial settlement)
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Zen Design Group, Ltd. adv. The Cincinnati Ins. Co., 329 F.3d 546 (6th Cir. (Mich) 2003)
January 01, 2003
Zen Design Group, Ltd. adv. The Cincinnati Ins. Co., 329 F.3d 546 (6th Cir. (Mich) 2003) (Slogan "Wearable Light") (The court found the slogan "The Wearable Light" fell within the policy's coverage for "infringement of slogan." Zen's … more >