January 17, 2019 – Firm partners Nick Carlin and David Given, together with associate Brian Conlon, today filed an opening brief in the State’s Second Appellate District on behalf of client Aaron Samsky, pressing his case for reimbursement of legal fees and costs against his insurer, State Farm, arising from an underinsured motorist claim following a car crash in Los Angeles. In Sept. 2018, the client (represented by Nick Carlin and associate Mike Levinson) prevailed in an arbitration against State Farm, after which he asked the Los Angeles Superior Court to confirm the arbitration award as well as to award him his costs of proof (legal and expert fees and other out-of-pocket expenses, totaling almost $200,000) incurred as a result of State Farm’s failure to admit certain facts – for instance, that Mr. Samsky was not at fault for being rear-ended. While the court confirmed the arbitration award and entered a judgment in Mr. Samsky’s favor, it refused to award him those costs. The client’s appellate brief challenges the court’s failure to award those costs on various grounds. Further proceedings in the Court of Appeal are pending.
January 9, 2019 – Firm partner David Given and associate Mike Levinson today filed an action against online vendor Viralstyle on behalf of the legendary punk rock band DEAD KENNEDYS. The client’s complaint contends that its name and iconic DK logo have been copied and used without its permission on apparel and other merchandise manufactured and sold by Viralstyle, in violation of federal copyright and trademark law. Late last year the band discovered the Viralstyle website and asked the company to remove that apparel from its website, which it refused to do. Filed in the federal district court in San Francisco, the client’s lawsuit includes state law claims for common law trademark misuse and unfair trade practices in addition to the infringement claims under federal law. Further proceedings in the matter are pending.