News & Press
Published in “In the News” on Thursday, 18 June 2015
Zachary Schwartz from the Irvine office prevailed on a motion for summary judgment on behalf of the Orange County Sheriff’s Department. The Plaintiff brought an assortment of state and federal civil rights claims against the Sheriff’s Department arising from her arrest and the decision to tow her van, which allegedly contained valuable property for Plaintiff’s business. Plaintiff claims that she never recovered the property from her van and that she lost property upon being booked into jail. Plaintiff claimed that her arrest was without probable cause and without a valid warrant, deputies used excessive force, the arrest was motivated by her middle-eastern descent, and that the towing of her van was an unreasonable seizure.
Zachary Schwartz brought the motion for summary judgment, arguing, among other things, that Plaintiff had waived her state law claims, deputies arrested Plaintiff pursuant to a valid bench warrant issued the morning of her arrest, and that the seizure of the van was justified under the community caretaking doctrine.
Following a lengthy oral argument, the Court agreed that the arrest and decision to tow the van was lawful, and that under 42 U.S.C. section 1983, the Sheriff’s Department is not vicariously liable for violations of its agents and as a matter of law no policy, custom, or practice of the Sheriff’s Department could have been the moving force behind any actions of the towing company in disposing of property in the van. Summary judgment was granted dismissing the action against the Orange County Sheriff’s Department.
Michael Rossiter Prevailed on Motion for Summary Judgment in Civil Rights Case Involving Denial of Civil Rights.
Published in “In the News” on Wednesday, 10 June 2015
Michael Rossiter of our Irvine office successfully defended the County of Orange, the Orange County Sheriff’s Department, and several individual sheriff’s officers who were sued for both federal and state law claims.
Plaintiff, an Orange County attorney, alleged that a Sheriff’s Special Officer filed a false police report against him. Plaintiff further alleged that other fellow officers then conspired to keep the falsity of the report a secret. Because of the alleged false report, plaintiff was arrested, put in jail, charged with a felony, and subjected to a state bar trial.
Michael Rossiter brought a motion for summary judgment on the ground that plaintiff’s claim accrued prior to the state bar trial, and thus, was time-barred pursuant to the applicable statute of limitations for civil rights actions. Plaintiff argued that the claim didn’t accrue until after the state bar trial concluded. Following oral arguments by both parties, the Court granted the motion, dismissing all of plaintiff’s claims against all defendants. The Court held that plaintiff’s claim accrued after his felony charge was dismissed and pled guilty to a misdemeanor “reckless driving” charge, which occurred over two years before filing his complaint and was outside the statute of limitations period.
Published in “In the News” on Wednesday, 13 May 2015
Longtime London market executive Dani M. Miller, Esq. has joined Koeller, Nebeker, Carlson & Haluck, (KNCH), to establish KNCH’s business footprint in London. Ms. Miller joined KNCH as a partner to assist in their insurance coverage and defense departments and to expand KNCH’s reach into the London insurance market and new domestic markets.
Ms. Miller is based in KNCH’s office in Sacramento, near her home in Walnut Creek, California. "In her 25 years in the insurance industry, Dani has built a strong reputation for high quality legal work and litigation management in London, and we are fortunate to have her at KNCH to facilitate KNCH’s entry into this increasingly important market," Bill Nebeker said.
Ms. Miller spent the last 10 years of her career at a major nationwide claims management organization, where she last served as vice president and general counsel. As part of that role, she was also responsible for marketing and client retention in the London insurance market. Ms. Miller began her career as coverage counsel to various London Underwriters at Nixon Peabody (fka Lillick & Charles, LLP).
Published in “Seminars” on Monday, 04 May 2015
Chad Dunigan, a Partner in the KNCH Orlando office, will be speaking at the upcoming MC Consultants’ Florida Construction Law Seminar on June 11, 2015 at the Crowne Plaza hotel in Tampa, Florida. Mr. Dunigan is a panelist for the session entitled, “Navigating the Minefields of the Tripartite Relationship.” This particular session will address the pros and the cons of a shared defense as it relates to construction litigation.
For additional information, please view the attached seminar brochure.
Published in “Seminars” on Thursday, 23 April 2015
Keith Koeller will be speaking on “Risk Transfer – Everything But the Defects, Part 2: Overcoming AI and Crawford Obstacles to Settlement” at this year’s West Coast Casualty Construction Defect Seminar May 14th and 15th at The Disneyland Hotel & Resort in Anaheim, CA.
Over the years, Mr. Koeller has been a prominent participant with this particular seminar. He has been an invited speaker on numerous occasions and is a past recipient of both the Larry Syhre Commitment to Service Award as well as the Judge Jerrold Oliver Commitment to Excellence Award.
Published in “In the News” on Tuesday, 10 March 2015
William Nebeker of the Phoenix office will be a panelist discussing Arizona House Bill 2255 (the Right to Repair Statute) at the upcoming Arizona Construction Defect Litigation Seminar sponsored by MC Consultants. The seminar will be held at the Embassy Suites Biltmore in Phoenix on April 23, 2015 beginning at 3:30pm. Please see the attached brochure for additional details.
Published in “Outreach” on Tuesday, 10 March 2015
KNCH recently sponsored two teams that completed the 2015 Ragnar Del Sol endurance relay-race in Arizona from Wickenburg to Mesa. In under 36 hours, each 12-person team ran 205 miles. This year, the teams raised money for diabetes education and care through the “Taking Care Of Your Diabetes” organization. Jay Bulger, a partner in our San Diego office, participated on one of the teams and personally ran over 20 miles.
Published in “In the News” on Wednesday, 25 February 2015
The Partners of Koeller, Nebeker, Carlson & Haluck, LLP are pleased to announce their expansion into the state of Texas. Since 1986, KNCH has been a leader in handling complex litigation throughout the southwestern region of the United States and now takes its dedication and expertise to the Lone Star State.
Under the leadership of Partner John Donovan, formerly of our Orange County Office, 2015 will see the opening of Koeller, Nebeker, Carlson & Haluck, LLP in the Austin, Texas area. The firm will continue its focus on complex civil litigation, including the areas of construction and environmental litigation, insurance coverage law, business and employment law, and general insurance defense.
Koeller, Nebeker, Carlson & Haluck, LLP is immediately available to service its clients’ needs in Texas with the same skill and expertise offered by all of our offices for over twenty-nine years. Our office address in Austin is 111 Congress Avenue, Suite 2800, Austin, Texas 78701.
Published in “In the News” on Wednesday, 28 January 2015
On January 21st, partners Bill Nebeker, Zahnie Soe Myint and Karl Gruse addressed the Arizona Chapter of the Society of Chartered Property and Casualty Underwriters at their monthly meeting. The topic of their presentation was the Patient Protection and Affordable Care Act and its anticipated effect on property and casualty insurers. During their address, Mr. Nebeker, Mr. Soe Myint, and Mr. Gruse provided the Chapter with the most recent information on the Act and provided insight regarding the societal trends that the Act is likely to cause, as well as the impact that those trends could have upon the future of property and casualty insurance.
Published in “In the News” on Tuesday, 27 January 2015
KNCH is pleased to announce the addition of Peter W. Dye to its partnership.
Peter Dye is a resident in the firm’s Sacramento office. He attended UCLA as an undergraduate and George Washington University Law School. He has been a member of the State Bar of California since 1999. Peter specializes in insurance coverage litigation and construction law. His trial experience includes trial victory in a declaratory relief action against a primary carrier and an apartment complex owner that was upheld on appeal. He has applied that solid expertise by providing ongoing coverage advice for the firm’s insurer clients and defending the firm’s developer and subcontractor clients in complex construction defect and personal injury cases.
Bob Carlson and Jason Williams to Speak at the State Bar of Nevada’s Construction Defect Claims Seminar
Published in “Seminars” on Monday, 17 November 2014
Partners Bob Carlson and Jason Williams have been selected as panel speakers for an engaging and comprehensive discussion on construction defect claims in Nevada, from the beginning stages of Chapter 40 through trial and appeal. The seminar is sponsored by the Nevada State Bar and will be held on December 3, 2014 at the Lloyd George Federal Courthouse in downtown Las Vegas.
Published in “In the News” on Tuesday, 30 September 2014
KNCH is pleased to announce the addition of both Fort Zackary and Richard Somes to its partnership.
Fort Zackary is a resident in the firm’s San Diego office. Prior to joining KNCH in 2002 , he served on active duty in the United States Navy as a carrier pilot, attaining the rank of Commander and earning Meritorious Service Medals as Commanding Officer of VRC-30 and Air Boss on U.S.S. Independence. His work in the defense of the firm’s developer and subcontractor clients in complex construction defect cases has been steadfast and accomplished.
Richard Somes works in the firm’s Irvine office. Prior to joining the firm in 2007, Mr. Somes practiced in the area of medical malpractice, toxic and mass torts, construction law, personal injury accident lawsuits, and employment litigation. Mr. Somes worked for the Marriott Corporation in their loss prevention department before embarking on a legal career. At KNCH his practice has been predominately in the areas of general liability and construction law.
Published in “In the News” on Monday, 22 September 2014
Following a six week jury trial, Jerry Satran and Stephanie Young of the Sacramento office successfully obtained a complete defense jury verdict. KNCH was retained to defend a local General Contractor who builds and remodels luxury single-family custom homes in Northern California’s Bay Area. Our client performed work across a multi acre estate in the wine country of California including a build out of an intricately paneled library described as “A Work of Art.”
The homeowners refused to pay our client for a substantial portion of the work performed, and responded to our client’s demand for payment with causes of action for Breach of Contract, Negligence, Trespass, Fraud and Licensing Claims. The total claimed damages exceeded $2 million.
After deliberating for only one day following the lengthy trial, the jury returned a defense verdict finding unanimously in favor of the General Contractor and denying the homeowners any recovery.
Published in “Seminars” on Thursday, 24 July 2014
Bill Nebeker has been selected as a speaker at this year's MC Consultant's 20th Annual West Region Construction Defect and Insurance Coverage Conference in San Diego, California on September 17th to the 19th. Mr. Nebeker is a member of the panel discussing Technology Advances - Evolving in the CD Industry.
Published in “In the News” on Thursday, 05 June 2014
The partners of KNCH are proud to announce that Sarah Long, Esq. of the firm has been selected as one of Nevada's Elite Attorneys by the Nevada Business Press. Each year, Nevada Business Magazine publishes Legal Elite: Nevada's Top Attorneys. This publication highlights Nevada's top attorneys as chosen by their peers. Sarah Long, associate in the firm's Las Vegas office, recently relocated to our San Diego office, made the 2014 Legal Elite list.
The voting is strictly based on nominations from attorneys in the community with over 6,000 nominations this year. According to Nevada Business Magazine and the Nevada Bar Association's annual report, there are 8,599 active members of the Nevada Bar and the Legal Elite list features approximately 200 attorneys from Southern Nevada and 100 attorneys from Northern Nevada. It is an honor to have our associate, Sarah Long, make the list and be recognized by her peers as one of the top attorneys in the legal community.
Published in “Seminars” on Thursday, 24 April 2014
Chad Dunigan, a Partner in the KNCH Orlando office, will be speaking at the upcoming MC Consultants’ 8th Annual East Region Construction Defect & Insurance Coverage Conference. This two-day construction defect industry seminar will be held on June 25th to 27th at the Hyatt Regency Orlando in Orlando, Florida. Mr. Dunigan is a panelist for the session entitled, “Winning or Losing? – Choosing and Retaining the Right Expert Consultants.” This particular session will address a variety of issues arising from the retention of consultants and expert witnesses by insurance claims professionals and attorneys.
For additional information, please view the attached seminar brochure.
Published in “Seminars” on Monday, 21 April 2014
KNCH’s Keith Koeller will be speaking on “Getting Back to Basics and the Reasons Why” at this year’s West Coast Casualty Construction Defect Seminar this May 15th and 16th at The Disneyland Hotel & Resort in Anaheim, CA.
Mr. Koeller has a long history with this particular seminar. He has been an invited speaker on numerous occasions over the years and is a past recipient of both the Larry Syhre Commitment to Service Award as well as the Judge Jerrold Oliver Commitment to Excellence Award.
Published in “Outreach” on Thursday, 17 April 2014
KNCH Sacramento is proud to announce its Sixth Annual KNCH Law Charity Golf Classic to be held on Friday, October 10, 2014 at Morgan Creek Golf Club in Roseville, California. This event has been a huge success over the past five years, and this year’s tournament promises to be bigger and better than ever!
The tournament committee has selected Child Advocates of Placer County as this year’s beneficiary. Child Advocates is an organization that connects foster youth, former foster youth, and at-risk families, with well-trained and caring adult volunteer mentors and Court Appointed Special Advocates (CASAs). Child Advocates is a bridge between the most vulnerable in the community and caring individuals who want to help. The results are life changing for all involved.
For more information on the golf tournament or Child Advocates, please visit www.knchgolf.com. We look forward to seeing you on the links!
Published in “In the News” on Wednesday, 08 January 2014
KNCH is pleased to announce the addition of Karl J. Gruse to its partnership.
Karl J. Gruse has practiced law in Arizona since 2000 and has been with Koeller, Nebeker, Carlson & Haluck, LLP since 2003. Mr. Gruse has broad based litigation experience, having represented clients in large scale construction defect matters, wrongful death claims, traumatic brain injury claims, spinal cord injury claims, and other personal injury and premises liability matters. Mr. Gruse takes pride in providing the firm's clients with highly competent representation and was recently honored to receive an AV Preeminent Martindale-Hubbell Peer Review Rating.
Published in “In the News” on Tuesday, 24 September 2013
Mr. Newcomb, Partner in our Irvine office of KNCH, was selected as a member of the Executive Editorial Board for the Journal of American Law. This is a tremendous honor and the entire firm congratulates Mr. Newcomb on his selection to this prestigious Editorial Board.
Claims & Litigation Management Alliance (CLM) has launched the Journal of American Law. The journal will be the first national, peer-reviewed law journal in the country (similar to the Journal of the American Medical Association). The Journal is being led by legal experts with over 1,000 years of experience. The Journal of American Law will be published quarterly and will feature original papers on a whole host of topics. The Executive Editorial Board will be working with Specialty Editorial Boards to select and edit the articles and work with the authors through publication of the Journal. Submissions are currently being accepted through the CLM website.
Published in “Seminars” on Wednesday, 11 September 2013
William A. Nebeker of the KNCH Phoenix office will be speaking at MC Consultants' 19th Annual West Region Construction Defect and Insurance Coverage Conference on September 18 - 20, 2013 in San Diego, California. Mr. Nebeker is a panelist for the session entitled "Building Product Failures – Leading to Class Action Lawsuits?: Round II."
This session will open with a flashback to 2012 and will progress to address its current status in today’s practice. Discussion will cover insurance issues and implicated parties (plumbing, HVAC, Chinese waste pipe, and coil manufacturers) as well as the role that suppliers and installers play in this distinct area of law.
For additional information, please see the Seminar Brochure.
Published in “Outreach” on Tuesday, 10 September 2013
KNCH believes that businesses who truly care for their clients take a comprehensive approach that ultimately leads to the undertaking of charitable endeavors. In support of this philosophy, Koeller, Nebeker, Carlson, & Haluck, LLP presents its 5th Annual KNCH LAW Charity Golf Classic to benefit UC Davis Comprehensive Cancer Center, and its innovative pediatric cancer research program. The research focuses on developing targeted therapies for pediatric cancer, with a special emphasis on leukemia and neuroblastoma, providing hope for children battling the disease. The team at UC Davis Comprehensive Cancer Center need our help to continue their pioneering research so our children and grandchildren can face a brighter future – without cancer!
This year’s tournament will be held at Lincoln Hills Golf Club in Lincoln Hills, California, on Friday, October 11, 2013.
Please join us for a great round of golf and support a worthy cause at this wonderful event. All proceeds will go towards the important work that UCD Comprehensive Cancer Center does on behalf of children with cancer and the families who love them. To register to play or to become a sponsor go to www.knchlawgolf.com.
All of us at KNCH Law look forward to seeing you take a swing at cancer at our tournament!
KNCH Sacramento Proudly Announces The Deployment Of Its Commercial Trucking “Emergency Response Team”
Published in “In the News” on Friday, 30 August 2013
KNCH Partner, John Haluck, and the KNCH Sacramento office are proud to announce the formation and deployment of its commercial trucking Emergency Response Team (“ERT”). The ERT is designed to provide commercial trucking clients with the best defense to trucking accidents in central and northern California, and southern Oregon. The ERT’s purpose is to provide rapid response to an accident location, collect and preserve evidence and timely investigate the accident in anticipation of litigation. The ERT is comprised of 24/7 on-call attorneys, including Gregory Warner and Jennifer Weiner, along with regional independent adjusters/investigators from Koning & Associates, legal experts in the fields of accident reconstruction, commercial vehicle mechanics and electronic control module (ECM) download, forensic engineering and imaging, trucking operations, biomechanics, human factors, highway safety engineering, railroad-trucking accidents, and a criminal defense attorney. John Haluck, the ERT leader, is a member of the Trucking Industry Defense Association (TIDA), and has represented commercial truckers throughout California including self-insured Saia Motor Freight Line, LLC, Gordon Trucking, Inc. (GTI), and the insured trucking operations of Northland and Travelers insurance companies. KNCH Sacramento and its ERT are prepared to provide top quality legal representation from the moment an accident occurs until a final resolution. For more information about the services that KNCH Sacramento and its ERT can provide to you, please contact John Haluck at 916-724-5700.
Published in “Outreach” on Friday, 02 August 2013
KNCH LAW Roseville is looking for sponsors, donations, and participants to take part in the 5th Annual KNCH LAW Charity Golf Classic. All proceeds will benefit UC Davis Pediatric Oncology Department. This can’t-miss event promises to be a great time, and creates an excellent opportunity for businesses to showcase their talents by becoming sponsors.
For further details, please see the event website at www.knchlawgolf.com
Published in “In the News” on Wednesday, 08 May 2013
In a recent seven day jury trial, Bill Haluck and Michael Rossiter of our Irvine office successfully defended the County of Orange in a case involving allegations of racial discrimination, retaliation and hostile work environment by an employee of the Orange County Social Services Agency. Over the past 32 years, Bill Haluck has represented the County of Orange in a variety of cases involving Civil Rights violations, Employment related matters, Excessive Force, Wrongful Arrest and False Imprisonment, Dangerous Conditions of public property, Flood Control, USERRA violation, Property Tax Assessment issues, and most recently Social Services Wrongful Detention and Parental Alienation allegations.
In the recent case, the plaintiff claimed that she had been overlooked for promotion due to her race, was demoted once she had been promoted in retaliation for having filed sequential complaints with the California Department of Fair Employment and Housing; and finally was subjected to harassing conduct constituting a hostile work environment after her demotion in an effort to drive her out of the agency. The jury deliberated only 30 minutes before returning unanimous 12-0 defense verdicts in favor of the County of Orange.
Published in “In the News” on Tuesday, 26 March 2013
KNCH is pleased to announce three additions to its partnership out of the Las Vegas office for 2013.
Mark F. Roach has been practicing law for 11 years. Having lived in Las Vegas since 1978, his roots to the community are deep and he has had a front-row seat to the explosive growth of the city over the last several decades. Mr. Roach’s practice is centered in the defense of General Contractors and Developers in construction defect claims. He also defends general liability claims for a variety of corporate clients.
Megan Mahoney, a civil engineer, worked in the heavy highway construction industry for several years prior to transitioning into a career in the law. Originally from Boston, Massachusetts, she was involved with some notable construction projects that continue to remain part of Boston’s attractions, including Copley Square Park and the Rose Kennedy Garden. Ms. Mahoney’s practice has generally concentrated upon construction and commercial law, including contract negotiations, claim disputes, and complex construction defect matters. She is a member in good standing of the Massachusetts, New York, and Nevada state bars.
Andrew Green is a litigation and trial attorney who practices in all state and federal district courts in Nevada, as well as the Supreme Court of Nevada. Mr. Green has successfully litigated a wide variety of general liability, personal injury, and business matters. His practice experience includes litigation of complex issues pertaining to contracts, transactions, mechanics liens, product liability, indemnity, subrogation, premises liability, strict liability, class actions and construction defects.
Published in “Seminars” on Monday, 04 March 2013
Koeller Nebeker Carlson & Haluck is pleased to announce that both Keith Koeller and Robert Carlson will be speaking at the upcoming Construction Litigation and Risk Conference sponsored by HB Litigation and entitled Construction Defects, Injuries & Insurance. This two day conference will be held at the Historic Hyatt Century Plaza in downtown Los Angeles beginning March 14, 2013.
Bob Carlson of the San Diego office is participating in a panel discussion entitled “Trial Dynamics.” Members of this panel include two California Superior Court Judges.
Keith Koeller of the Irvine office is a panel member speaker on “The Construction Marketplace: National Developments & Trends.”
For additional information as to this upcoming seminar, please view the attached seminar brochure.
KNCH Las Vegas Involved in Obtaining Two Orders Granting Petitions for Writ of Mandamus Regarding an HOA’s Ability to Pursue Construction Defect Claims in a Representative Capacity
Published in “In the News” on Wednesday, 30 January 2013
On January 25, 2013, the Nevada Supreme Court issued “Orders Granting Petition” in two cases involving the ability of a homeowners association to pursue project wide construction defect actions in a representative capacity: D.R. Horton v. The Eighth Judicial District Court [High Noon at Arlington Ranch HOA] and Environment for Living, Inc. and Time for Living, Inc. v. The Eighth Judicial District Court [Serenity HOA]. KNCH worked on the drafting of the Petitions for Writ of Mandamus in both cases and Robert C. Carlson, Esq. presented oral argument for the Defense in the High Noon at Arlington Ranch HOA case.
In High Noon at Arlington Ranch, the Nevada Supreme Court ruled that the District Court abused its discretion by not performing “a full and thorough NRCP 23 analysis of the claims involving the building envelope.” Citing to First Light II, the Court found, “[b]ecause the building envelopes are individually owned, any claims that High Noon wishes to bring related to the building envelopes are in a representative capacity and must survive an NRCP 23 analysis.”
In Serenity, the Nevada Supreme Court ruled that the District Court failed to conduct a sufficient NRCP 23 analysis of the homeowners association’s claims concerning the “building envelope.” The Court focused on the “predominance” element of NRCP 23 in conjunction with the specific facts of the case and the Court’s Decision in Shuette v. Beazer Homes Holdings Corp., 121 Nev. 837 (2005). In determining the “predominance” element was not met, the Court noted, “[n]ot all of the residences have been inspected, and the variances in the defects in the inspected residences do not support extrapolating the findings to the residences that have not been inspection.”
These two Orders appear to be great results for developers and subcontractors alike in regards to the defense of representative-type, construction defect lawsuits brought by homeowners associations.
Published in “In the News” on Wednesday, 23 January 2013
Cuba is the largest Caribbean island, just 90 miles from Florida and was a popular American tourist destination prior to the embargo. Since the United States placed the embargo against Cuba in the late 1950s-early 1960s, travel to Cuba by Americans has been severely restricted, if not altogether nonexistent. Recently, travel to Cuba has been opened for specific purposes, including professional journalists on assignment in Cuba, and full-time professionals conducting academic research or attending professional conferences. The Nevada Bar Association offered such a trip to lawyers interested in researching the Cuban Legal System. Jennifer Salem and I signed up for the trip, along with the Nevada State Bar President, eleven attorneys and a judge, and we went on a truly unique trip to Havana, Cuba in October.
It was an amazing experience. We got to meet people that we would never have had the opportunity to meet and see a country that is not accessible to most people. It is a very different way of life; for example, not all buildings have running water and even where there is running water, you cannot drink it. The cars were very , very cool. The only disappointment was that we did not get to actually visit the law school or courts. In hind sight, I guess that makes sense, but we were looking forward to it. The people were fantastic. Everyone we encountered was genuinely excited for us to be there to learn from them. They took time from their busy lives to talk with us.
Our flight arrived 3 hours late so we only had time to check into our hotel then go to dinner. Dinner was in Old Havana at El Patio Restaurant in Cathedral Square. This area was built in the 1700s and has spectacular architecture.
We met at the Union of Cuban Jurists, which is equivalent to the Nevada Bar Association. It was founded 35 years ago and has approximately 16,000 members consisting of law professionals, not just attorneys. It has volunteer membership with its main purpose being the study and education of law.
All of our meetings were held at the offices of the Union of Cuban Jurists. The speakers were different each day, but were all attorneys and law professors. They had a passion for the law and seemed very devoted to furthering education of the law as well as updating Cuban laws.
The first topic was a general introduction to the Union of Cuban Jurists and an overview of the historical and current economic situation in Cuba. An interesting issue Cuba has to deal with is their dual currency. They have two types of currency in the Country: the Cuban Peso and Cuban Convertible Peso (CUC). The CUC was introduced to remove the US Dollar from circulation. The CUC is basically the tourist currency while the Cuban Peso is generally used by the locals.
We then went to lunch at Casa de la Amistad. The afternoon session was a meeting with the Cuban Institute for Friendship with the Peoples where they gave a presentation about the Cuban 5 (http://en.wikipedia.org/wiki/Cuban_Five), which was interesting but very politically charged.
In the afternoon, we went on a long walking tour of Old Havana and ended the night with dinner at El Template. There is architecture in Old Havana dating back to the 1500s.
On the way to our morning session, our guide took us to a couple of tourist spots: Revolution Square and John Lennon Park (yes, the Beatles – Fun Fact #1: the statue originally had Lennon’s signature round-lens glasses, but they have been stolen several times so now there is an old security guard sitting next to the bench that places the glasses on the statue). Revolution Square is notable as being where many political rallies take place and Fidel Castro and other political figures address Cubans; it is surrounded by government buildings and the José Martí Memorial.
Our morning meeting topic was family law. In family law, Cuba focuses on the same issue as we do here: best interest of the child. Then we went to lunch at El Ajibe, which was by far our favorite meal. The afternoon meeting was civil law. Cuban law is based on and still follows the 1898 Spanish Civil Code. Cuba does not follow stare decisis/precedence; although, in practice, the attorneys utilize it.
Dinner was on our own and I asked our guide for her recommendation on a good place to get an authentic Cuban sandwich. It turns out, Cuban sandwiches are a Cuban-American creation, not an authentic Cuban creation.
Before our morning session, we were introduced to a senior citizen group that meets every Wednesday at the same location as our meetings. They were very excited to meet us and show off their crafts. The morning session was the teaching of law in Cuba. It is quite different than in the U.S. In Cuba, law is essentially just another choice of a major in college. They have 3 programs: day course, night course, and self-study. School is free, including room, food, and all supplies. There is no bar exam. After graduation, each student is placed into a 2-3 year government internship/apprenticeship then can choose to stay in the position or not. They do not have the same idea of private practice that we do in the U.S. One of our speakers made the comment that “there are no rich lawyers in Cuba,” but lawyers tender to make a higher salary compared to the rest of the population. Lunch was at the 1830 Restaurant. The afternoon session was on penal and constitutional law. Cuban Law is Unitarian – one set of laws. In 1976, the Cuban Constitution was drafted, which contains a modified Freedom of Speech provision. The theory of the Cuban criminal system is similar to the U.S.: each citizen has a right to an attorney which will be appointed by the government; and the accused is innocent until proven guilty. Cuba has the death penalty, but has an unofficial moratorium as it has not been used since 2002.
Dinner was at Havana Café where we had dinner and watched a show – singers, dancers, showgirls. It was a lot of fun. We even got up on stage for a conga line with the dancers. (Fun Fact #2: The conga line was first developed in Cuba and became popular in the United States in the 1930s and 1950s.)
In the morning, we visited a Legal Services Bureau (aka law office) where the attorneys explained the structure and functioning of the law offices. Needless to say, the law offices were very different than any in the U.S. It was very basic and utilitarian and, like many of the buildings, did not have proper running water or bathrooms. We had a farewell lunch at the Unions of Cuban Jurists then had time for our “individual research pursuits” in the afternoon. We chose to research the Santa Maria Beach about half an hour outside of Havana. It was gorgeous. Our final dinner was at the El Café del Orient in Old Havana.
Published in “Outreach” on Wednesday, 23 January 2013
2012 marked the fourth year of the KNCH Annual Golf Classic, with proceeds benefitting Mended Little Hearts of Sacramento.
Over 100 golfers participated and the event included sixteen generous sponsors. As a result, our firm was able to donate over $21,000 directly to Mended Little Hearts of Sacramento.
Thank you to all of you who helped make this year's event even bigger than the last. We look forward to doing it again next year!
Bill Haluck and Matt Golper Prevail On Appeal in Mooney v. County Of Orange in a Published Opinion Out of the 4th Appellate District, Division Three Addressing Previously Unanswered Questions as to the Applicability Of Govt. Code §§ 31721 and 31725
Published in “In the News” on Thursday, 17 January 2013
In an Appellate Opinion that will have far reaching application to public employers faced with the decision of what to do with a disabled employee that filed for and was denied disability retirement benefits, the Court in Mooney specifically defined the key terms in each of the statutes involved in finding that the County of Orange neither dismissed nor separated Ms. Mooney from her position in the Orange County Probation Department. Implicit in the finding was that the County had no duty to either place her back to work or file and/or appeal on her behalf the disability application/determination, as spelled out in each of these statutes. This decision has already been touted as significant in the Labor & Employment Case Law Alert of the State Bar Labor and Employment Law Section.
Bill Haluck and Matt Golper Successfully Defend Action for Writ of Mandate for Violation of the Public Safety Officer Procedural Bill of Rights Act
Published in “In the News” on Thursday, 17 January 2013
In Soria v. County of Orange (OCSC), Deborah Soria filed a Petition for Writ of Mandate to address allegations that her employer, the County of Orange Probation Department, violated the Public Safety Officer Procedural Bill of Rights Act (Govt. Code section 3300 et seq.), in the investigation into, and the ultimate discipline imposed for, violation of department policy in her role as a Supervising Probation Counselor. She alleged 23 separate violations of the Act, which provides, in addition to compensatory damages, a civil penalty of $25,000 per violation. After fully briefing the issues and trial of the Petition, the Court found no violations of the Act, no basis for recovery, and entered judgment in favor of Respondents County of Orange , et al.
Published in “Seminars” on Monday, 03 December 2012
Keith D. Koeller of our Irvine office will be presenting “CD Litigation: 2012 And Beyond” at the Association of Southern California Defense Counsel and Construction Defect Claims Managers Association’s Construction Defect Seminar on December 1, 2012 at the Doubletree Hotel in Orange, California.
Published in “In the News” on Wednesday, 14 November 2012
After nearly two years of litigation, KNCH was retained by an insurance carrier on behalf of a local general contractor who builds luxury single-family custom homes in San Diego. Partner Robert Carlson and associate Dylan Taylor of our San Diego office were faced with defending against breach of contract, negligence, and contractor licensing claims at a late point in litigation with limited discovery.
Our client built a beautiful 8,400 square foot luxury home in Encinitas, California, for the homeowner Plaintiffs. Plaintiffs refused to pay our client a substantial bill for the appliances and fixtures installed in their home, and responded to the general contractor’s demand for payment with an action for breach of contract, negligence, unjust enrichment, and contractor licensing claims. Specifically, Plaintiffs sought roughly $700,000 for alleged construction defects and claims for disgorgement of profits under licensing statutes that apply to general contractors. These claims were brought against our client as an individual as well as against his corporation, and several of these claims were not covered under the insurance policy.
After completion of trial, the Court awarded a defense verdict for the corporate entity, and a defense verdict as to the negligence and licensing disgorgement claims against our client as an individual. The Court awarded $7,080 against our client in his individual capacity in contract, however, this amount was less than the statutory offer made on behalf of our client. As such, the law allows for a net judgment in our clients’ favor for up to $50,000 in costs and expert fees from Plaintiffs. Those costs are currently being pursued. Congratulations on a fantastic result.
Published in “Publications” on Tuesday, 06 November 2012
By Ian P. Gillan, Esq. (As appeared in the November 2012 Communiqué, Volume 33, Number 11)
Ian Gillan, a partner in our Las Vegas, Nevada office, authored this recent article focusing on Nevada’s “right to repair” law, often referred to as Chapter 40 [NRS 40.600 et seq], and the upcoming session of the Nevada Legislature.
For a complete copy of this article, please see the attached.
© 2012 This article was originally published in the printed magazine COMMUNIQUÉ, the official publication of the Clark County Bar Association. (November 2012, Vol. 33, No. 11). All rights reserved. For permission to reprint this article, contact the publisher Clark County Bar Association, Attn: COMMUNIQUÉ Editor-in-Chief, 725 S. 8th St., Las Vegas, NV 89101. Phone: (702) 387-6011.
Published in “In the News” on Friday, 26 October 2012
KNCH successfully prevailed on a Petition for Writ of Mandate challenging a ballot measure designed to extend term limits for members of the County Board of Education and Board of Supervisors.
Chad Dunigan and Joseph Speaker of our Roseville office represented a former member of the California State Assembly, Board of Equalization and Franchise Tax Board, in a successful challenge against Measure D (a measure to extend existing term limits) claiming that the proposed ballot language appeared to create term limits, when in fact a two-term limit was already in place. Following extensive oral argument, Superior Court Judge Michael Coughlan ruled that the proposed ballot language was misleading and would have to be amended before the measure could be put before the voters. Mr. Dunigan and Mr. Speaker were asked to prepare the revised ballot language, advising the voting public of the existence of the current term limits. The new language was accepted by the Court and placed on the ballot for the November 2012 election.
Published in “Seminars” on Wednesday, 19 September 2012
KNCH is proud to sponsor an event with the Claims & Litigation Management Alliance on October 17th at the Phoenix Art Museum. The presentation begins at 4pm and will cover Disturbing Trends in Bad Faith as well as Updates on Medicare Compliance. Additionally, Bill Nebeker of KNCH Phoenix will be speaking on Recent Trends in Construction Defect.
A reception will follow the presentation at 6pm.
For additional information on this event, please click on the link provided:
Published in “News & Press” on Tuesday, 04 September 2012
William Nebeker, managing partner of the Phoenix office of Koeller Nebeker Carlson & Haluck, LLP, co-authored (with Craig J. Cinotto and Damon Schneider) the article entitled “Protecting the Fall Guy: Developing an Effective Fall Protection Program” featured in the recently released Fall 2012 issue of Litigation Management magazine.
The article analyzes the most common violations regarding fall protection in the construction industry today as well as the effects these violations have on both the insurance companies and their insureds. Lastly, the article offers advice to assist in protecting your company from fall protection violations, or worse, an injury or death on a worksite.
For the complete article, please use the following link: http://www.litigationmanagementmagazine.com/litigationmanagementmagazine/fall2012#pg14
Mr. Nebeker is also featured in the “Who Knew” section of the publication. To learn more, please use the following link: http://www.litigationmanagementmagazine.com/litigationmanagementmagazine/fall2012#pg65
Published in “In the News” on Friday, 24 August 2012
The partners of Koeller Nebeker Carlson & Haluck, LLP announce that Attorney Sarah Long of its Las Vegas office has been selected to participate in an international exchange with Cuba.
Ms. Long will be joining other Nevada attorneys as they accompany the State Bar of Nevada President on a week-long academic exchange with Cuban courts, lawyers and legal groups. This rare visit to Cuba is allowing legal professionals to observe the Cuban courts and learn about the country's legal system, including the teaching of law, criminal justice and judicial systems, civil and family code, business and commercial rights, and resolving domestic and international commercial conflicts. The partners of Koeller Nebeker Carlson & Haluck, LLP are proud that our associate Ms. Long can be part of this historic and unique opportunity. Buen Viaje Abogada Long!
For those of you interested, please check back with the Koeller Nebeker Carlson & Haluck, LLP website in mid-October after Ms. Long’s return to view her impressions and experiences of this unique trip.
Published in “Seminars” on Friday, 24 August 2012
William A. Nebeker, partner from Koeller Nebeker Carlson & Haluck, LLP’s Phoenix office, will be speaking at the 18th Annual West Region Construction Defect & Insurance Coverage Conference held September 19-21, 2012 in San Diego, California. The educational session entitled “Building Product Failures – Leading to Class Action Lawsuits?” will discuss several facets of building product failures including Plumbing, HVAC, Chinese Waste Pipe and Coil Manufactures and how these failures impact suppliers and installers.
Robert C. Carlson, partner from Koeller Nebeker Carlson & Haluck, LLP’s San Diego office, will be a panelist discussing “Effective Construction Mediation” at this year’s DRI Construction Law Seminar held at the Arizona Biltmore on September 20-21, 2012 in Phoenix, Arizona. The session will focus on effective means and strategies for presenting a case at mediation. All sides will be represented creating an engaging and insightful session offering a glimpse inside the mindset of each component of a successful mediation.
Published in “Outreach” on Monday, 25 June 2012
Koeller Nebeker Carlson & Haluck, LLP is proud to announce the 4th Annual KNCH LAW Charity Golf Classic at The Lincoln Hills Golf Club on Friday, October 12, 2012 in Lincoln, California. All proceeds from the Tournament will benefit Mended Little Hearts, an organization dedicated to assisting children with heart problems, by providing financial and emotional support to families navigating the maze of medical decisions and procedures facing their afflicted children.
For more information on event registration or to donate to this cause, please go to: www.knchlawgolf.com
Bill Nebeker and Judy Downs Secure Defense Verdict on Behalf of A Commercial General Contractor in Arizona
Published in “In the News” on Thursday, 24 May 2012
After seven years of litigation and a ten-day trial in Flagstaff, Arizona, Bill Nebeker and Judy Downs, partners within the Phoenix office of KNCH, obtained a defense verdict for their General Contractor client against one of Phoenix’s largest law firms representing an apartment complex owner.
In 2004, Plaintiff purchased a 240-unit apartment complex in Coconino County and received an assignment of the original owner’s contractual rights as part of the purchase. In 2005, Plaintiff initiated a suit against the General Contractor asserting a cost to repair (in conjunction with a claim for future lost revenues during the repair process) of over $4 million. Allegations included inadequate flashing in eighteen breezeways, inadequate installation of vents, and a failure to put building paper under Masonite siding throughout the 240-unit apartment complex.
In less than one day, the jury returned a defense verdict finding that the General Contractor did not breach the express warranty within its contract and did not breach the implied warranty of workmanship. Plaintiff’s claims against Defendant General Contractor were deemed meritless and Plaintiff was subsequently denied any recovery.
Published in “Seminars” on Tuesday, 03 April 2012
William A. Nebeker, Partner in the Phoenix office of Koeller, Nebeker, Carlson & Haluck, LLP has been selected to speak at the 2012 Annual Conference of the Council on Litigation Management (CLM). Mr. Nebeker is part of two panels discussing the following topics: CONSTRUCTION - Construction Defect Litigation: Is it time to teach an “Old Dog” new tricks? regarding the latest advances and setbacks in construction litigation management as well as PRODUCT - The Nuts & Bolts of Handling Building Products Class Action Suits discussing the recent trend of class action claims in construction projects targeting the products incorporated into the buildings themselves.The conference will be held March 28-30, 2012 in San Diego, California and will feature approximately 250 speakers and is expected to draw attendees from around the world.
Published in “Seminars” on Wednesday, 21 March 2012
William A. Nebeker of our Phoenix Office will participating in the MC Consultant’s Construction Defect Seminar offering three sessions on Arizona topics on March 22, 2012 at the Phoenix Biltmore Embassy Suites. He will serve as Moderator regarding the New Fall Protection Standards for Homebuilders.
Published in “Outreach” on Monday, 19 March 2012
Bill Haluck Successfully Defends County Of Orange In Suit Claiming Religious Discrimination Against The Social Services Agency
Published in “In the News” on Friday, 17 February 2012
In a sensitive and closely watched action brought by a current Group Counselor at Orangewood Children's Home, Bill Haluck of our Irvine office successfully defended the County of Orange, Orangewood Children's Home and 4 management employees against allegations of religious discrimination and procedural due process violation. After 7 days of trial the jury was out less than 3 hours before returning their special verdicts in favor of the defendants.
Published in “In the News” on Thursday, 09 February 2012
KNCH is pleased to announce two additions to its partnership out of the Sacramento office for 2012.
John R. Haluck is an attorney with more than 30 years of trial experience focused primarily on insurance defense and business litigation. Mr. Haluck’s practice emphasizes defense of owners and operators in trucking liability claims and he handles a wide variety of high exposure insurance defense matters for some of the largest insurance companies in the United States. Mr. Haluck also has extensive experience handling business lawsuits, medical malpractice claims, employment law and defense of ADA claims, as well as defense of general liability and wrongful death claims.
Stephanie L. Young joined the Sacramento office of KNCH in 2006 and is a member of both the California and Nevada state bars. As a Northern California native who grew up in a third generation construction household, Ms. Young naturally navigated her career towards construction law. Ms. Young has primarily focused her practice on defending the interests of General Contractors and Developers in residential and commercial construction matters, including contract disputes and construction defect claims.
Published in “In the News” on Thursday, 12 January 2012
In California and Arizona, several KNCH attorneys have been selected as Super Lawyers.
Published in “Outreach” on Thursday, 17 November 2011
On September 16, 2011, a crowd of supporters turned out for the KNCH LAW 3rd Annual Charity Golf Classic. With perfect weather, the tournament was an absolute success once again.
This year's tournament was held on the lush greens of the Lincoln Hills Golf Course in Lincoln, California and was followed by an elegant dinner reception in the clubhouse. Nearly 100 golfers came together to support Autism Speaks.
We are delighted to announce that the tournament secured more than $38,000 to benefit the advocacy and research efforts of Autism Speaks. This momentous achievement was made possible by the generous sponsors and donors who opened their hearts and businesses toward the event. We are very grateful for all of your assistance and participation! Please visit the golf website for more information about our bighearted sponsors at www.knchlawgolf.com
We are looking forward to seeing everyone again in 2012 at our 4th Annual Charity Golf Classic to be held in mid-fall 2012 at the Lincoln Hills Golf Course.
To learn more about Autism Speaks, please go to www.autismspeaks.org/
Published in “Seminars” on Thursday, 03 November 2011
William Nebeker, Troy Allen and Judith Downs, Partners in the Phoenix office of KNCH have partnered with the Arizona Insurance Claims Association (AICA) for their November 17, 2011 Dinner Meeting to discuss the Elements of Bad Faith as well as a presentation on Construction Defect Claims.
Published in “In the News” on Wednesday, 05 October 2011
After a little over two and one half hours of deliberation an Orange County Superior Court jury returned a unanimous verdict on all three causes of action brought by a disabled Deputy Juvenile Correction Officer against her employer, the Orange County Probation Department.
The plaintiff complained that the Probation Department discriminated against her because of her disability, failed to accommodate her disability and failed to engage in the interactive process to find her alternative employment that could accommodate her condition. After 8 trial days, the jury ruled in the County's favor on all key issues of the special verdicts before them.
This trial was a test case of sorts for the County, who had changed the way they dealt with injured employees that could no longer perform the essential functions of their position.
Published in “Seminars” on Tuesday, 09 August 2011
William A. Nebeker of the KNCH Phoenix office will be speaking as a panelist at the MC2 17th Annual West Region Construction Defect Conference on September 7-9, 2011 in San Diego, California. Mr. Nebeker is a panelist for the session entitled "What's Working, What's Not in the West Region Construction Defect Arena." This seminar is designed to address construction defect issues that attorneys, carriers and clients could face in the next two years.
For additional information, please see the Seminar Brochure.
Published in “In the News” on Wednesday, 06 July 2011
In a favorable legal development for homebuilders, the Arizona Supreme Court has unanimously ruled that the statute of repose period (A.R.S. ß 12-552) provides a date certain for construction defect exposure to homebuilders and cannot be tolled. This means that homeowners must bring their construction-related claims within eight years of the date of final home inspection or else the claims are barred, except in the limited circumstance of discovery within the eighth year.
Published in “In the News” on Thursday, 21 April 2011
William Nebeker, managing partner of the Phoenix office of Koeller Nebeker Carlson & Haluck, LLP, has been selected as Arizona State Chairman of the Council on Litigation Management (CLM) for the 2011-2012 term. CLM is the largest fully inclusive defense organization, comprised of thousands of insurance companies, corporations, corporate counsel, risk managers, insurance professionals, claims adjusters and attorneys. Through education and collaboration, its goals are to promote and further the highest standards of litigation management in pursuit of client defense. The Council sponsors educational programs, provides resources, fosters communication, and recognizes lawyers who meet high standards.
William A. Nebeker practices in the area of insurance litigation defense with an emphasis on personal injury and construction defect litigation. Mr. Nebeker received his B.S. degree in political science from Arizona State University and his J.D. degree from Pepperdine University School of Law. After admission to both the California Bar in 1976 and the Arizona Bar in 1977, Mr. Nebeker became one of the first lawyers certified by the Arizona Board of Legal Specialization for personal injury and wrongful death litigation. Mr. Nebeker has tried to conclusion over 75 civil jury trials and is AV peer rated by Martindale Hubbell. Mr. Nebeker was elected an Advocate Level Member of the American Board of Trial Advocates (ABOTA) in 2008, selected for inclusion in Southwest Super Lawyers (2010 and 2011) and nominated for Fellowship in the Litigation Counsel of America, Trial Lawyer Honorary Society.
Donovan and Coleman Prevail on Motion for Summary Judgment in Federal Court Exonerating the County and an Animal Control Officer from Civil Liability in False Arrest Action
Published in “In the News” on Thursday, 31 March 2011
John Donovan and Ashley Coleman of our Irvine office successfully defended the County of Orange and an Orange County Animal Control Officer who were sued for both federal and state law claims in Federal District Court.
Plaintiffs, a son and father, were arrested for animal cruelty under California Penal Code ß597 and accessory, respectively. The animal control officer responded to a call from plaintiffs that an opossum was fighting with plaintiffs' dogs. When the officer arrived on scene she found several dead baby opossums in plaintiffs' driveway and a badly injured mother opossum across the street. A neighbor told the animal control officer that he had seen plaintiff (the son) beat the opossum with a shovel three times. As a result of this information combined with additional information gathered at the scene, the animal control officer called the police to further investigate the suspected animal cruelty. Police arrived shortly thereafter, conducted an investigation, and arrested the father and son.
The charges were dropped against plaintiffs and plaintiffs sued the County, the animal control officer, the City, and the police officers in Federal Court for: (1) 42 U.S.C. ß1983 (unlawful seizure); (2) violation of California Civil Code section 52.1; (3) false arrest; and (4) negligence.
Donovan and Coleman brought a motion for summary judgment on the ground that the animal control officer's act of reporting the suspected criminal behavior to the police was privileged. Following oral arguments by both parties, the Court granted the motion, dismissing all of plaintiffs' claims against both the animal control officer and the County. The Court held that the animal control officer was entitled to qualified immunity for plaintiffs' federal cause of action and was entitled to California Civil Code ß47(b) privilege for plaintiffs' State law claims.
Published in “In the News” on Thursday, 31 March 2011
On January 25, 2011, John Donovan and Ashley Coleman of our Irvine office prevailed in Federal Court, obtaining a dismissal for the Orange County Sheriffs' Department.
In 2007, Orange County Sheriffs arrested plaintiff for belligerent behavior while she was allegedly conducting business at an Orange County Court. In April 2009, plaintiff filed a complaint against the Sheriff's Department and several Deputies alleging several causes of action including: false arrest, excessive force, false imprisonment, sexual assault, interference with constitutional rights and various civil code violations.
Despite being given several continuances, plaintiff repeatedly failed to respond to the Sheriff's Department's discovery requests. As a result, Donovan and Coleman successfully moved to compel the discovery responses and were awarded sanctions against plaintiff. When she again failed to respond to the discovery and to pay the sanctions, Donovan and Coleman moved for a dismissal of the case. The Court granted the motion, dismissing the case in its entirety based on plaintiff's failure to prosecute and her failure to comply with Court orders.
Published in “Seminars” on Monday, 14 February 2011
Mr. William Nebeker, Partner at Koeller, Nebeker, Carlson & Haluck, LLP has been selected to speak at the 2011 Annual Conference of the Council on Litigation Management (CLM). Mr. Nebeker is slated to speak on the topic "If Your Project is Green, Is It the Money or the Disease?." For a preview of Mr. Nebeker's and his co-speakers' materials, visit the link below.
The conference will be one of the largest, fully inclusive defense industry conferences in 2011. It will be held March 23-25 in New Orleans, LA, will feature approximately 250 speakers and is expected to draw attendees from around the world. Registration for the conference is now open at www.litmgmt.org/annual-conference.
The Council on Litigation Management is the largest fully inclusive defense organization, comprised of thousands of insurance companies, corporations, corporate counsel, risk managers, insurance professionals, claims adjusters and attorneys. Through education and collaboration, its goals are to promote and further the highest standards of litigation management in pursuit of client defense. The Council sponsors educational programs, provides resources, fosters communication, and recognizes lawyers who meet high standards. To learn more about the Council, please visit www.litmgmt.org.
Coleman and Haluck Successfully Defend Constitutional Challenge to Orange County Assessment Appeals Board Procedures
Published in “In the News” on Wednesday, 26 January 2011
On September 13, 2010 in the United States District Court Ashley Coleman and Bill Haluck of our Irvine Office successfully defended Assessment Appeals Board No. 3 and Orange County County Counsel's Office against constitutional challenges to Government Code section 31000.7 (facial) and County Counsel's Office (as applied) arising out of an assessment appeal filed by a local landowner/attorney. In his Findings of Fact and Conclusions of Law dated January 24,2011, David O. Carter, United States District Court Judge specifically found that the safeguards utilized by County Counsel in this unique dual representation situation prevented deprivation of plaintiffs rights under the United States Constitution, entering Judgment against the plaintiff and in favor of the defendants, with costs.
Published in “In the News” on Friday, 21 January 2011
We are pleased to announce that Keith D. Koeller was named as a Southern California Super Lawyer for both 2010 and 2011. Only 5% of the attorneys in Southern California are named to this prominent list of attorneys.
Published in “In the News” on Wednesday, 19 January 2011
KNCH was founded in November of 1986. We are thankful for all of our clients and team members who have made the last 25 years a wonderful journey that has included the expansion of the firm to five offices and 75 attorneys to better serve our clients in California, Nevada and Arizona.
A huge "thank you" to everyone involved in the firm's success."
Published in “In the News” on Tuesday, 09 November 2010
A 6 week jury trial in Riverside Superior Court was over after only 45 minutes of jury deliberation when all 4 clients defended by Orange County Koeller, Nebeker, Carlson & Haluck Partners, Gary Hoffman and Tracy Hughes, were each granted 12-0 defense verdicts.
The case arose from a motorcycle accident on July 17, 2005 on a paved detour road outside the City of Temecula in Riverside County, California. The detour road had been built to redirect traffic around a huge Metropolitan Water District (MWD) project involving placement of new water lines to service Northern San Diego County. Plaintiff, 43 year old Laron Daffin, lost control of his Harley Davidson motorcycle on the detour road. His legs and arm were torn up, resulting in multiple surgeries, orthopedic hardware, multiple skin grafts, and medical specials totaling around $575,000.00. He suffered an MRSA (Methicillin-Resistant Staphylococcus Aureus) infection at the hospital, and alleged future life care plan totaling around $370,000.00. His legs were permanently disfigured in the accident and he claimed further surgery was needed. Doctors had been considering amputation of one of his legs.
The only solid pretrial demand was $4.3 Million which did not include loss of earnings. Plaintiff claimed that the defendants were liable due to the waviness of the asphalt detour road and that there was inadequate signage on the road. Plaintiff's liability argument focused on disagreements between the defendants over asphalt thickness and need for aggregate sub-base. There had been allegations as to the adequacy of the compaction of the soil underneath the paved detour road. Plaintiff also tried to highlight the builder's alleged reticence to expend funds for a separate detour road rather than utilizing existing roads for that purpose.
The defense emphasized that there had been no other incidents during the 5 month lifespan of this temporary road. Defense expert testimony was presented that Plaintiff was traveling at 39 mph in the posted 25 mph detour zone when he laid his bike down. KNCH Partners Gary Hoffman & Tracy Hughes represented all defendants, JF Shea Construction the general contractor of the project, Diamond Paving the asphalt paving subcontractor, Metropolitan Water District of Southern California and the County of Riverside. Two previous motions for summary judgment had been presented but the defendants were not vindicated until the jury presented their 12-0 defense verdict.
Congratulations on a job well done to our Orange County Partners, Gary Hoffman and Tracy Hughes.
Donovan Successfully Defends County Against Civil Rights Violation Claim and Achieves Dismissal on Motion
Published in “In the News” on Monday, 08 November 2010
John Donovan of our Irvine office successfully defended the County of Orange, County of Orange Probation Department, and a Deputy Probation Officer, who were sued for allegedly violating plaintiff's civil rights.
Plaintiff alleged that he was falsely imprisoned for violating the terms of his parole. Donovan challenged plaintiff's claims with a motion for summary judgment on the grounds that plaintiff's incarceration was a direct result of his own admission that he violated the terms of his parole. Following oral arguments by both parties, the Court dismissed plaintiff's complaint in its entirety as to each of the named defendants.
Published in “Seminars” on Wednesday, 20 October 2010
The Firm's Managing partner and head of KNCH's Las Vegas, Nevada office, Megan K. Dorsey, will be speaking at the upcoming Construction Law Section CLE entitled "Hot Topics in Construction Defect Litigation and Related Insurance Coverage Issues" in Las Vegas on October 20, 2010 at the Lloyd George Federal Courthouse. The "Hot Topics" this year include the effect of the recession on construction defect litigation and discussion regarding recent construction defect cases.
Please see the attached flyer for additional information
Published in “In the News” on Wednesday, 29 September 2010
On September 20, 2010 the Nevada KNCH office was able to provide The Camping Companies, Inc., its second successful defense decision within a month. At the conclusion of a 2-day bench trial, Megan K. Dorsey, the firm's Managing Partner, and Mark Roach from our Las Vegas office obtained a decision in favor of Camping, an asset repossession company. Plaintiff alleged he was injured during a vehicle repossession in October 2007 and asserted causes of action for Negligence and Negligence Per Se against Camping. Plaintiff claimed medical damages in excess of $63,000.00 and requested $240,000.00 for pain and suffering. In a classic case of he-said/he-said, Ms. Dorsey and Mr. Roach effectively used surveillance video taken during the subject incident to cross examine, challenge, and ultimately discredit the testimony of the Plaintiff and all of Plaintiff's eyewitnesses. The Court found The Camping Companies free of any responsibility and denied Plaintiff any recovery.
Published in “Outreach” on Saturday, 25 September 2010
On September 25, 2010, KNCH co-sponsored the UMOM 5k walk for the Homeless in Phoenix, Arizona. There were over 600 walkers participating in this event and over $43,000 was raised in support of homeless families in the community. All donations and contributions will support the various UMOM Day Centers in the Valley of the Sun, including New Day Shelters, Next Step Housing, Domestic Violence Shelter and Watkins Emergency Shelter.
Published in “In the News” on Wednesday, 15 September 2010
Koeller Nebeker Carlson & Haluck, LLP is pleased to announce that William Haluck of the Irvine office has been nominated for Fellowship in the Litigation Counsel of America (LCA).
Published in “Seminars” on Friday, 03 September 2010
John C. Pytel, a partner in our Sacramento office, will provide a critical update to builders, suppliers, and subcontractors regarding changes in California Mechanic's Lien Law effective January 1, 2011.
Published in “Seminars” on Monday, 23 August 2010
On September 23, 2010, Keith D. Koeller will be a panelist discussing Current Challenges in Construction Defect at MC Consultant's 16th Annual West Region Construction Defect and Insurance Coverage Conference held at the Hilton San Diego Bayfront, San Diego, California.
Published in “Publications” on Monday, 02 August 2010
By Ian P. Gillan, Esq. and Sarah J. Bean, Esq. (As appeared in the July 2010 Nevada Lawyer, Volume 18, Issue 7)
The face of multihomeowner, representative-type construction defect actions has evolved greatly over the past five years in Nevada. Prior to the Nevada Supreme Court's 2005 landmark decision in Shuette v. Beazer Homes Holding Corp., there was little authority in Nevada regarding representative-type construction defect actions.
See the entire publication at: http://www.nvbar.org/publications/NevadaLawyer/2010/July/dust_is_clearing.htm
Published in “In the News” on Monday, 02 August 2010
Tracy L. Hughes has been named by Super Lawyers' Southern California Rising Stars as one of the top up-and-coming attorneys in the state for 2010. Each year, no more than 2.5 percent of the lawyers in the state receive this honor.
Published in “In the News” on Wednesday, 28 July 2010
Bill Haluck and Steve Ubl of our Irvine office recently successfully defended one of our Builder clients, in binding arbitration, on a claim that a homeowner had suffered a severe electrical shock injury due to an allegedly defective electrical outlet in her home.
Published in “In the News” on Thursday, 08 July 2010
William A. Nebeker, a founding member and managing partner of the firm's Phoenix office, was among a prestigious group selected to be recognized in 2010 Southwest Super Lawyers.
Published in “In the News” on Thursday, 08 July 2010
Koeller Nebeker Carlson & Haluck, LLP is pleased to announce that William A. Nebeker of the Phoenix office has been nominated for Fellowship in the Litigation Counsel of America (LCA).
Published in “Outreach” on Thursday, 08 July 2010
On July 8, 2010, a group of twelve employees from Koeller Nebeker Carlson & Haluck, LLP – Phoenix office, volunteered their time and showed their passion for service and compassion for helping others by serving dinner to families of the working poor in the Family Dinning Room of St. Vincent DePaul.
Published in “Outreach” on Tuesday, 01 June 2010
On May 21, 2010, a crowd of supporters turned out for KNCH Law's 2nd Annual Golfing for a Cure Tournament. Despite the blustery spring weather, the tournament was an outright success once again.
Published in “In the News” on Wednesday, 26 May 2010
Jason Williams and Mark Roach of the Las Vegas office were successful in their arguments on May 12, 2010 that their client, a large nationwide homebuilder, was not liable for Plaintiffs' alleged injuries as a result of a car accident.
Published in “In the News” on Friday, 14 May 2010
Bill Haluck and Steve Ubl of our Irvine office successfully defended the Orange County Sheriff's Department and two deputies sued for excessive force, battery and negligence by an 88 year old man.
Published in “Seminars” on Thursday, 13 May 2010
The 17th Anniversary of West Coast Casualty's Construction Defect Seminar is scheduled for May 13th and 14th, 2010 at the Disneyland Resort. KNC&H is proud to announce that Edward Schmitt has been selected as a featured speaker at this year's event.
Published in “Outreach” on Friday, 26 February 2010
KNCH proudly participated as a sponsor of the Seventeenth Annual Toll Brothers, Inc. Monte Carlo Night at The Hyatt Regency Philadelphia on February 26, 2010 to benefit the American Cancer Society. This successful event raised over $500,000 for the lifesaving programs of the American Cancer Society and the invaluable work of the Penn Abramson Cancer Center.
This year's donations help to fund the new Hope Lodge, which is a home away from home for cancer patients receiving life-saving treatment in the Philadelphia area, as well as contributed to 44 Nobel-Prize-Winning researchers funded by the ACS.
Published in “Outreach” on Saturday, 13 February 2010
KNCH stepped out to support the Pediatric Cancer Research Foundation (PCRF) at the Cinco De Mayo Half Marathon, 10K/5K Run/Walk and 1K Kids Fun Walk held at the Irvine Spectrum. This event is a fun-filled family day where both adults and children join together to raise funds for pediatric cancer research.
Published in “In the News” on Friday, 01 January 2010
Koeller Nebeker Carlson & Haluck, LLP has announced three attorneys from the Irvine, California office, one attorney from the Phoenix, Arizona office and one attorney from the Sacramento, California office who have been added to the Partnership in 2010.
Published in “In the News” on Wednesday, 01 July 2009
Congratulations to Chad N. Dunigan, a partner in our Sacramento office, who was recently selected as a panelist within The Sacramento Lawyer ‚Äì the magazine of the Sacramento County Bar Association ‚Äì to provide the ‚Äúdeveloper‚Äôs perspective‚Äù on recent legal developments effecting construction defect litigation.
Published in “In the News” on Monday, 18 May 2009
Congratulations to Keith D. Koeller for being awarded the 2009 Jerrold S. Oliver Award of Excellence at this year's 16th Anniversary of the West Coast Casualty Construction Defect Seminar. This award, affectionately termed the "Ollie", was inspired by the legacy of Retired Judge Jerrold S. Oliver who is considered by most to be a "founding father" in the alternate resolution process in construction defect claims and litigation.
Published in “In the News” on Wednesday, 01 April 2009
On March 6, 2009, Koeller Nebeker Carlson & Haluck, LLP hosted its 1st Annual Golfing for a Cure Tournament at The Lincoln Hills Golf Club in Lincoln, California. We are pleased to announce the tournament was a tremendous success, having raised approximately $50,000 for the benefit of tournament charity, the Foundation for Angelman Syndrome Therapeutics. On the inaugural year of this event, there were 100 golfers and over 150 guests for the reception.
Published in “Outreach” on Friday, 06 March 2009
Koeller Nebeker Carlson & Haluck, LLP is proud to announce the 1st Annual Golfing for a Cure Tournament at The Lincoln Hills Golf Club on Friday, March 6, 2009 in Lincoln, California. All proceeds from the Tournament will benefit the Foundation for Angelman Syndrome Therapeutics, an organization of families and professionals dedicated to finding a cure for Angelman Syndrome and related disorders through the funding of an aggressive research agenda, education and advocacy.
Published in “In the News” on Friday, 13 February 2009
Congratulations to Martha J. Dorsey, Managing Partner of our San Diego office, for the favorable February 6th verdict after a weeklong jury trial in San Diego Superior Court on behalf of a property owner in connection with a negligence action arising from another defendant's unprovoked knife attack that happened on the property. Ms. Dorsey's defense emphasized the lack of foreseeability of the attack.
Published in “In the News” on Tuesday, 13 January 2009
Congratulations to Bill Nebeker of our Phoenix office on being elected to the Home Builders Association of Central Arizona's 2009 Board of Directors.The HBACA is a trade association for the residential construction and development industry. The Association is a forum wherein businesses work together to remain informed regarding new and proposed policies advanced by the local, state and federal governments that affect the housing industry.
Published in “In the News” on Thursday, 01 January 2009
Koeller Nebeker Carlson & Haluck, LLP has announced two attorneys from the Las Vegas, Nevada office have been added to the partnership. Ian P. Gillan joined the firm in 2004 and concentrates his practice on construction litigation, general legal defense and insurance bad faith. Mr. Gillan received his law degree from Quinnipiac University School of Law in 2003 and is admitted to practice in Nevada, Rhode Island and Connecticut.
Published in “In the News” on Thursday, 01 January 2009
With more than 1 million attorneys nationwide, it is often difficult to stand out from the crowd. Not so, for partners Keith D. Koeller, Robert C. Carlson and William H. Haluck. The firm is pleased to announce that Keith D. Koeller and Robert C. Carlson have both been selected for inclusion in the 2009 edition of Southern California Super Lawyers and William H. Haluck will be included in this year's Super Lawyers, Corporate Counsel Edition, a nationwide list of attorneys selected by those named to the Super Lawyers list in business related practice areas. This year is the fourth time in five years that Bill Haluck has been named a Super Lawyer.
Published in “In the News” on Thursday, 13 November 2008
On November 13, 2008, at its Annual Legal Summit attended by law firms from all areas of the country, Pulte Homes recognized Koeller, Nebeker, Carlson & Haluck with its annual law firm of the year award. This was the second such award received by the firm in three years. The firm consistently achieved success this year on all of its Pulte and Del Webb related matters.
Published in “Outreach” on Thursday, 18 September 2008
KNCH is proud to take part in sponsoring the Clark County Legal Services (CCLS) 50th Anniversary Party on September 18, 2008 at the Springs Preserve in Las Vegas, Nevada. Mark Kennedy Shriver will be the keynote speaker at this event.
Published in “In the News” on Wednesday, 10 September 2008
Koeller, Nebeker, Carlson & Haluck, LLP is pleased to announce that two of its partners, Robert C. Carlson and Megan K. Dorsey, obtained a victory after a seven month trial on behalf of The Communities of Del Webb. On September 10, 2008, a Clark County Nevada District Court jury presented what arguably could be the most lopsided defense verdict in construction defect history.
Published in “Publications” on Wednesday, 30 July 2008
Judith Downs, a partner in the Phoenix office, published an article entitled "Green Building Legal Issues" as a supplement to the Green Building & New Technology Conference hosted by the Real Estate Communications Group at the Phoenix Ritz Carlton on July 30, 2008.
Published in “In the News” on Thursday, 01 May 2008
Congratulations to William A. Nebeker of our Phoenix office on his appointment as the Council on Litigation Management Co-Chair for the State of Arizona. In this position Mr. Nebeker will continue to assist with the development and growth of the Council as well as foster communications locally.
Published in “In the News” on Tuesday, 01 January 2008
Congratulations to William Nebeker of our Phoenix office on his election to membership in the American Board of Trial Advocates (ABOTA), where he joins fellow partners Robert Carlson and William Haluck. This invitation-only organization focuses on the preservation of the constitutional vision of equal justice for all Americans and its 6,300 members embody the virtues of civility, integrity, and professionalism. ABOTA will celebrate its 50th anniversary this year.
Published in “In the News” on Saturday, 01 December 2007
Congratulations to our San Diego and Las Vegas partner, Robert Carlson on his admission to the American Board of Trail Advocates (ABOTA). The American Board of Trial Advocates is a prestigious professional organization dedicated to defending the American civil justice system. With a membership of 6,300 experienced attorneys representing both plaintiffs and defendants in civil cases, ABOTA is uniquely qualified to speak for the value of the constitutionally-mandated jury system as the protector of the rights of persons and property. Each member shall have at least five years of active experience as a trial lawyer and shall have tried a minimum of twenty civil jury trials to a verdict in a court of general jurisdiction or a federal court.
Published in “In the News” on Friday, 01 June 2007
Bill Haluck (Irvine) and Robert Carlson (San Diego) have both been named 2007 Southern California Super Lawyers by Law & Politics. Only 5% of all attorneys are so named and are selected by a blue ribbon panel review, peer balloting and independent research.
Published in “In the News” on Tuesday, 01 May 2007
Congratulations to Keith Koeller for being nominated for the Jerrold S. Oliver Award of Excellence. The award, affectionately referred to as the "Ollie," is presented each year at West Coast Casualty's Annual Construction Defect Seminar to someone who has invoked a spirit of commitment, loyalty and trust for the betterment of the entire construction defect community. The award has been named after the late Judge Jerrold S.Oliver.
Published in “In the News” on Monday, 05 February 2007
Congratulations to our Irvine Partner Bill Haluck for his recent unanimous defense verdict in a closely watched and highly publicized race discrimination action filed against the Orange County Assessor as a result of his promotion of an African American over a more experienced Caucasian. The jury concluded that the Assessor, Webster Guillory, Orange County's highest ranking African American office holder, did not show racial favoritism when he promoted the less experienced candidate. The jury returned its verdict on Feb. 5, 2007.
Published in “In the News” on Monday, 02 October 2006
The Council on Ethical Billing (CEB) is a nonpartisan alliance committed to furthering the highest levels of ethical standards and practice for legal representation within the insurance industry. The Council sponsors educational programs, provides oversight, and certifies lawyers and law firms who meet high standards of excellence.