Business litigation involves complicated issues and significant damage exposure. There are often multiple parties, voluminous documents, and numerous fact and expert witnesses. Pruetz has more than 25 years' experience taking these cases in hand and resolving them early. But when amicable resolution cannot be achieved, we have successfully tried complex business cases to judges, juries and arbitrators. We are proud of our winning track record, and our ability to achieve successful results at a reasonable cost to our clients.
real estate and construction Litigation. Pruetz has successfully represented owners, developers, contractors, brokers, property managers, joint venture partners, investors and others in a wide array of real estate and construction disputes.
- Pruetz has represented such clients as Maguire Thomas Partners, Commonwealth Partners, Center Trust and Haseko Corporation in several real estate financing disputes, often arising in declining markets and involving interpretation of complex purchase, loan and partnership agreements. In several such cases for Maguire Thomas Partners, Pruetz achieved a favorable pre-trial settlement for the client in all but one case—that case settled favorably to the client in the middle of trial.
- Pruetz won a lengthy jury trial for plaintiff Hathaway Dinwiddie Construction Company, in a case involving fraud, breach of contract and other claims against a developer who failed to honor a multimillion dollar construction contract after the building owner filed for bankruptcy, Pruetz won a verdict of several million dollars in compensatory and punitive damages.
- Pruetz also represented Hathaway Dinwiddie, Haseko Corporation and others in a wide variety of construction disputes. In one important case, Pruetz was poised to go to trial on behalf of Hathaway Dinwiddie against United Airlines, in a contract dispute over the building of United’s LAX terminal, when United filed for bankruptcy protection. As noted below, Pruetz successfully pursued its claim in the United bankruptcy proceeding.
- In addition, Pruetz assisted in resolving numerous subcontractor disputes arising during Hathaway Dinwiddie’s construction of the renowned Getty Center—some involving subcontracts exceeding $50 million. The disputes were settled to the client’s satisfaction without having to file a single case in court.
Insolvency Litigation. Pruetz has represented clients in a variety of adversary proceedings, motions and claims in the Bankruptcy Court and in state court receivership proceedings.
- Pruetz litigated a patent infringement case in the Bankruptcy Court on behalf of the TGA Liquidating Trust, obtaining a $50 million reduction in the patent holder’s claim, from $64 million to $14 million.
- After Pruetz won a substantial verdict for Osterloh & Durham Insurance Company in a state court trial, the defendant filed for bankruptcy protection in an effort to extinguish the verdict. Pruetz filed suit in the Bankruptcy Court to prevent discharge of the verdict on the ground that the defendant had been found liable for intentional misconduct—theft of trade secrets and conversion. The Court agreed, entering an even larger federal judgment against the defendant, which was paid in its entirety.
- When United Airlines filed for bankruptcy on the eve of a jury trial against Hathaway Dinwiddie, Pruetz pursued Hathaway Dinwiddie’s claim in the bankruptcy proceeding, obtaining a substantial sum even though the case had not yet been tried.
- Pruetz also successfully pursued a claim on behalf of Hathaway Dinwiddie against the owner of a commercial building, after the owner filed for bankruptcy part way through a multimillion dollar tenant improvement project.
Unfair Business Practice Litigation. Pruetz has successfully represented clients in several actions under the federal and state antitrust, unfair practices and unfair competition laws.
- Pruetz defended Disney in a case under the California Unfair Practices Act over Disney’s alleged failure to warn children of the dangers of smoking in its G-rated animated films (spanning some 40 years) in which animated characters were shown smoking. Despite the success of such suits against other companies, Pruetz obtained a quick dismissal for Disney on federal preemption grounds and avoided a class action.
- When Mattel was sued for alleged monopolization of the fashion doll market under the Sherman Act and California Cartwright Act, Pruetz won summary judgment dismissing the claims. Pruetz also won summary judgment for Mattel when it was sued for defamation over statements made to the press concerning another company’s alleged trademark violations.
- Pruetz successfully defended Foster Farms when it was sued by competitor Zacky Farms for alleged sales below cost, secret rebates and other unfair business practices, achieving a favorable settlement shortly before trial.
- Pruetz successfully defended Fleishman Hillard in a high profile food contamination suit against Jack in the Box, arising out of its role as public relations advisor to the company, after several patrons were infected with E. coli bacteria following their consumption of meals at Jack in the Box.
Commercial Arbitration. Pruetz has won several significant commercial arbitrations for clients.
- In one arbitration, Pruetz successfully recouped damages for Weyerhaeuser Corporation from the company that moved Weyerhaeuser’s office furniture and equipment to its new headquarters. The company, which had represented itself as a specialist in disassembling and re-installing the wired panel systems that comprised Weyerhaeuser’s modular office system, failed to take proper measures to avoid mixing up the numerous panels, causing a business interruption of some length.
- In another commercial arbitration, Pruetz represented clothing manufacturer Standard Knitting against a reseller hired to sell clothing on consignment at the World Cup soccer tournament in Los Angeles. The reseller returned the unsold clothing—including numerous very expensive leather jackets—in severely damaged condition. Pruetz recovered the entire value of the damaged goods.
- Partner Adrian Pruetz has served as an arbitrator for the American Arbitration Association for nearly 20 years, and currently serves on the Large Complex Case Program of the Commercial Panel.
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Intellectual
Property Litigation
Trademark and Trade Dress Litigation
Patent Litigation
Copyright litigation
Trade Secret Litigation
Business
Disputes
Real Estate and Construction Litigation
Insolvency Litigation
Unfair Business Practices Litigation
Commercial Arbitration
Appellate Practice
“Pruetz Law Group is a peer reviewed, A-V rated firm with a winning track record and years of experience in high profile litigation.”
Entrepreneur.com,
“The Lawyers” |