The Court of Appeal has rejected a challenge to an $11.5 million settlement obtained on behalf of thousands of bus drivers for Labor Code violations stemming from missed meal and rest periods and off-the-clock work. Martin represented the bus drivers in defending the settlement on appeal.
For the second year in a row, Super Lawyers Magazine has ranked Martin as the number two lawyer in all of San Diego in its annual Top 10 list. The list recognizes lawyers in all practice areas who received the highest point totals in the Super Lawyers nomination, peer evaluation, and review process.
The Court of Appeal has reversed a defense judgment in favor of a California bus dealership in a case involving multiple victims who were killed or seriously injured in a tour bus rollover. Martin’s clients, the passengers and their heirs, sued the dealership for failing to order passenger seat belts for the bus. After a jury trial resulting in a defense judgment, the Court of Appeal found that the trial court had erred by applying the law of Indiana, where the bus was manufactured. The Court of Appeal remanded the matter for a new trial governed by California products liability law.
The Court of Appeal has affirmed a judgment in favor of Martin’s client, the Imperial Irrigation District, in a case involving flood damage to a farmer’s property caused by heavy rains.
The Court of Appeal has affirmed a $2.75 million judgment in favor of Martin’s client for defamation. The court rejected various claims of error and ruled that a 10:1 ratio of punitive to compensatory damages was not excessive for the defamation.
The Court of Appeal has affirmed a judgment of $8.3 million against DePuy for designing a defective hip implant. On appeal, Martin represented the plaintiff who suffered injuries as a result of the implant. With post-judgment interest, the judgment now totals about $12 million.
The Court of Appeal has denied writ petitions brought by the State of California and manufacturers of GPS tracking devices in a case involving a murder committed by two sex-offender parolees who were supposed to be subject to continuous GPS monitoring. Martin represented the family of the decedent, and filed a 30-page opposition to the petitions before they were denied.
The Court of Appeal has denied a writ petition brought by a homeowner whose son’s dog bit the tip off an eight-year old boy’s nose. Martin represented the boy on appeal, and he filed a 20-page opposition to the petition before it was denied.