Complex Litigation

Plaintiff, representing a trust created in Bankruptcy Court, sued defendant, an insurance organization, seeking a declaration that defendant was responsible for the obligations of certain insolvent insurers. This case was litigated for over five years and went to the Court of Appeal twice. After phase 1 of the trial which addressed the scope of defendant’s potential liability, the parties resolved how the defendant insurance organization would participate in future litigation stemming from the trust.

Case resolved two related issues: (1) was the defendant university authorized to enter into contracts for certain benefits for retirees, and (2) whether it had entered into an implied contract to provide those benefits to the retirees.

Plaintiffs filed a petition for writ of mandate and complaint for declaratory and injunctive relief seeking to enforce the due process rights of criminal defendants declared incompetent to stand trial under the US constitution to timely treatment to restore them to competency so that they may proceed to trial.