Grinberg v. Phillips (Cal.App. 2007, no. A112560): propriety of child support award below the Family Code formula where father had “extraordinarily high income and the amount determined under the formula would exceed the needs of the children”. [ top]
Nunez v. Eskanos & Adler (Cal.App. 1991, no. A052131): no respondeat superior or punitive damages liability by law firm for sexual assault by employee unrelated to employment
Fraud
Cigna Property and Cas. Ins. Co. v. Polaris Pictures Corp., 159 F.3d 412 (9th Cir. 1998): insurance fraud/rescission judgment based on theory that insurer had disclaimed and, based on the disclaimer, had barred all discovery
Robbery
Wiedeman v. Crocker Natl. Bank (Cal.App. 1985, no. A017874): liability for compensatory and punitive damages for erroneous report of robbery
Firm co-founder Elliot L. Bien has handled civil appeals since 1975 and has limited his practice to that field since 1982. A graduate of Columbia Law School with an LL.M. from Harvard, Elliot's recognition as a leading appellate advocate includes his presidency of the California Academy of Appellate Lawyers and membership in the American Academy of Appellate Lawyers. He has represented leading manufacturers, banks, REITS, insurers, other corporations, national advocacy groups, professional firms of every kind, and individuals in a wide variety of personal or business disputes. Click here for full scope of experience.
Panopulos v. Westinghouse Electric Corp. (Cal.App.1988, no. H003253): whether wrongful constructive discharge and related claims were barred by exclusive remedy provisions of Workers Compensation Act
Wrongful Termination
Veterans Taxicab Company v. San Francisco County Superior Court (Cal.App. 1988, no. A043834): summary judgment procedure in action asserting wrongful discharge by dispatcher
Employment Discrimination
Swanson v. Guy F. Atkinson Co. (Cal.App. 1986, no. A034286): related writ petitions concerning validity of age discrimination claim presented to California Department of Fair Employment and Housing
Sexual Harassment
The Industrial Company of Steamboat Springs, Inc. v. Lake County Superior Court (Cal.App. 1987, Lake County no. 21773): in action alleging sexual harassment, question was whether public or private sector was responsible employer under Federal Job Training and Partnership Act
Sopcak v. Northern Mountain Helicopter Service, 52 F.3d 817 (9th Cir. 1995): specially retained for petition for rehearing on appellate procedure issues in case involving “final destination” for personal injury action under Warsaw Convention
Ackerman v. Savings Bank of Mendocino County (Cal.App. 1989, No. A041183): wrongful acceleration and foreclosure on secured note under due-on-sale clause; wrongful discrimination in denying loan application