REPRESENTATIVE TRIAL AND LITIGATION WORK
Luciano v. United States Forest Service, (In the United States Court of Federal Claims) Constitutional Law/Inverse Condemnation. Action against United States Forest Service for imposing permit requirement on 1866 ditch water right holder and to change homestead boundaries.
Luciano v. United States Department of Agriculture, (United States Federal Court for the Eastern District of California) Challenge to denial under Federal Small Tracts Act as arbitrary and capricious.
Asociacion de Productores, Empacadores Y Export Adores de Aguacate de Michoacan, A.C. (“APEAM”) v. State of California. Lead litigation counsel in this State Court to enforce international trade regulations governing California avocado export and sales between Mexico into California.
APEAM v. State of California and the California Avocado Commission (2008 - 2011).ﾠ This Federal Court litigation challenges commercial disparagement by California Avocado growers of Hass avocadoes grown in Michoacan, Mexico, approved for APEAM importation into the United States by the USDA.
City of South Lake Tahoe, California v. Bailey Jury verdict obtained for clients against the city of South Lake Tahoe in inverse condemnation.
Ahmadzai v. Bryant Complex sale of business.ﾠ Judgment entered in favor of client (defendant) after trial in San Mateo County.ﾠ Judgment affirmed on appeal by the California Supreme Court.
Great American v. Short Legal malpractice insurance coverage case conducted in San Bernardino Superior Court leading to judgment for client (insured). After judgment for the insurer in a separate Declaratory Relief case, (which held notice from the insured third party failed to invoke coverage under an Errors and Omission policy) a successful appeal resulted in a reversal by the Fourth District Court of Appeals.
Ingerson v. Sears & Roebuck ﾠRepresented plaintiffs in a containment case, which was favorably settled against Sears & Roebuck and several of its carriers.
Slater Farms, Inc. v. United States Department of Agriculture This case arose from failure of the Federal Government to properly maintain flood levies adjacent to the Slater Farms properties in the Sacramento Delta.ﾠ A United States District judge sitting for the United States Court of Federal Claims presided over the trial.ﾠ The case was resolved for client in trial.
ACWA-JPIA v. CNA Insurance Bad Faith.ﾠ After a month long Federal trial, a jury verdict was entered in favor of the Association of California Water Agencies and other client plaintiffs in an insurance bad faith case.ﾠ The jury verdict on behalf of client was upheld on appeal by the Ninth Circuit Court of Appeals.
RICHARD H. HART - AV PREEMINENT ATTORNEY
P. O. Box No. 1269
Waldport, OR 97394