Aviation lnsurance Services v. Dewalt

This federal litigation concerned a corporate governance dispute which was successfully brought to conclusion by a judgment against minority shareholders. lts conclusion facilitated the sale of the insurance brokerage to an international brokerage for $30 million dollars. (2017-2018).

Estate of John F. Mendoza

A suit by children of a first marriage to enforce rights under a trust. 2019.

Estate of G.B. Henderson [The Alexander Dawson Legacy]

Litigation by surviving widow to recover her share of marital property, overcoming a premarital agreement: resulted in settlement of her interest for $31 Million. 1984-1985.

Mervyn’s Department Stores v. Robert L. Smith Construction.

This was a mechanic’s lien action. I represented the owner. The general contractor built three Mervyn’s Department Stores and absconded with the funds for the third store. The mechanic’s lien action resulted in a compromise of the 32 claims for 25% of their value. 1979.

City of Las Vegas Housing Authority v. General Electric Modular Housing Systems.

A roofing case filed by a municipality against the manufacturer of modular low-cost housing. lt was the classic roof failure case involving an elastomeric roof system. The matter was favorably concluded after discovery. 1979.

Clark County Sanitation District v. CIEC Constructors and Engineer, lnc.

This was my first jury trial. We represented the owner. The case concluded after a nine month trial. lt was a breach of contract action against the owner arising from the construction of a sewage treatment plant expansion. Twenty-eight (28) distinct claims totaling approximately $5 million were successfully defended. After eight months of trial, the contractor’s claims were reduced by the Court to $350,000 and thereupon, the case settled in the ninth month, on terms favorable to the government client, including payment of its attorney’s fees. 1980-1981.

MGM Grand Hotel Fire. Defense of Martin Stern, AIA Architect.

This claim arose from the 1980 fire. The object of the representation was to demonstrate that the design did not cause the fire or its disastrous spread of flame and smoke. The case was settled for $1.8 Million after two years of litigation against the architect, my client. 1981-1984,

Callville Bay Resort and Marina adv. Jake’s Wire Rope and Marinas lnternational.

A mechanic’s lien foreclosure case upon a national park concessionaire’s improvements in a national park. The improver paid substantially all of the contract monies to the defalcating general contractor. The resulting mechanic’s liens upon the floating improvements on Lake Mead were compromised for pennies on the dollar when the trial court was unable to reach a conclusion about the legal merits of the case. The superior title of the United States of America was used to pre-empt the claims and a compromise was reached. 1985.

Clark County School District v. The Ralph M. Parsons Company/Charles E’Fleming Engineering/Taylor lnternational Company.

The construction manager contended that its guaranteed maximum price had been increased by parol, upon a S25 million equitable adjustment claim. The cas was settled by my client on the eve of trial for $2.1 million. 1998-2001.

Estate of Jay Sarno

Probate proceeding by surviving children to remove estate fiduciaries for nonfeasance. 1988.

Clark County School District v. Harris Associates.

General contractor sued to recover alleged delay damages. My client, the public entity successfully defeated a related subcontractor pass-through claim and all delay claims sponsored by the contractor. 2002-2007.

State of Nevada v. Addison Construction.

Representation of the State of Nevada focused on ensuring the general contractor’s performance and payment surety participated in the arbitration. After successfully compelling the alternative dispute process, the arbitrators found against the general contractor. 2004-2006.

Clark County Public Works v. Meadow Valley Construction and Target Construction.

Subcontractor pass-through claim for delays and extra work stemming from a flood control project. The contractors recovered only 5% of their claimed damages arbitration from my client. 2007-2008.

County of Clark v. Southern Nevada Health District.

[Contest between entities over governmental power, Dillon’s Rule, Local Government Status and Power Under NRS Chapter 354 and lnterpretation of Legislation, NRS 439.355 creating a health district fund within the County Treasury and formula for allocation of certain monies.] (Case Nos. A-11-643953-W and A-11-643802-C.)

My client, the County of Clark, won a resounding victory in a real property case which aided in keeping the SNHD in check with its claims of parity with the County in fiscal matters involving subsidiary entities. The real property matter was concluded by settlement on the cusp of victory in the Supreme Court of Nevada, keeping the SNHD in check on its financial demands of more of the tax revenue allocation. 2012-2013

Clark County v. City of North las Vegas

[Sloan ChannelTrespass/Encroachment Upon County Owned improvements.] (Case Nos. A-11-643529-C a nd 2:11-cv-01012-PM P-GWF).

I represented the County of Clark. The City of North Las Vegas ignored environmental law and the County’s real property interests in discharging effluent into a County-owned stormwater channel. CNL initiated litigation to put its Water Reclamation Plant into operation as a political expedient. The matter concluded by the City’s Recognition of the County’s interest and the abatement of the nuisance by the construction of an enclosed pipeline to transport effluent into the Las Vegas Wash, in an environmentally responsible manner and at CNL’s cost. The authority and primacy of the County were conceded by the City as evidenced by its agreement to build a separate conveyance to dispose of the effluent. 2014-2016.