EDWARD J. NEVIN
Over the past 30 years, Mr. Nevin has tried more than 50 cases to jury verdict. Some representative trial cases over the past 30 years:
McDonough v. Regents of University of California
Michael McDonough was a 10 ½ year old boy at the time of the 10-11-12/99 trial. On his first day of life in 6/89, he suffered
catastrophic brain damage with resultant severe developmental disability and brain damage caused behavioral problems. These injuries were caused by the failure of the newly arrived
residents and the nursing personnel to diagnose Group B Streptoccocus infection which the child received in the course of birth and which should have been diagnosed on the first day of
his life. ($51 million future damages verdict for plaintiff which was equal to $6 million in present value.
Nevin v. USA
1980 lawsuit against Department of The Army for 1950 bacteriological warfare experimentation in San Francisco. From offshore US Navy ships The
Army sprayed the City with live bacteria, serratia marcescens. Edward J. Nevin, Mr. Nevin's grandfather, died of infection from that organism a few weeks thereafter. This action was
brought on behalf of all of the children, grandchildren and great-grandchildren of Edward Nevin. US District Court Judge, Samuel Conti, found in favor of the government on all
issues, but the public benefit was that the National press was seated in the jury box, because juries are not allowed for suit against the United States Government. The press carried
daily stories and thus the historical facts were made known across the nation by both newspapers and television and radio. The Story was also told by Dan Rather on 60 Minutes.
Leung v. Chinese Six Companies
Wrongful Death; 100,000 firecrackers were set off in the entryway of the Chinese Six Companies Building in San Francisco. Mr. Leung, the
janitor was overcome by the smoke and died. Employer, Chinese Six Companies had no workers compensation insurance and were thus subjected to a substantial verdict in San Francisco
Superior Court.
Samimi v. Southern Pacific/Amtrak
Death of 16 year old boy, who was driving his family car to deliver pizza from the refugee Afghanistan family pizza restaurant, when his car
was struck by high speed passenger train. Southern Pacific was found to be negligent in failing to provide electronic gate protection at the last unguarded railroad crossing in all
of Alameda County.
Marshall v. Continental Metroplex
Single Family Dwelling; Construction Defects/Breach of Fiduciary Duty.
Robinson v. Guidotti
Institutional mistreatment of severely developmentally disabled child. Substantial award despite defense expert testimony that he was too
disabled to appreciate what was done to him
Schortgen v. Kaiser
Carpenter disabled by synostosis, i.e. loss of pronation supination of major forearm due to post surgical malpractice, which caused radius and
ulnar bones to grow together.
Ruby Henry v. Winthrop Labs
Addiction to Chronic Pain Medication-Talwin-Drug company marketed its use as first non addictive, long term pain medication.
Lipton v. Kaiser
Facial nerve (5th Cranial Nerve) injury by surgeon in the course of mastoidectomy with resultant one sided facial collapse, loss of eyelid
function, loss of spittle control.
Olympic Club v. Barrett
Destruction of San Francisco Olympic Club sewer system from construction of Barrett Motor Inn across the street.
Damages of several hundred
thousand dollars for replacement sewer system which required electrical pumping instead of former gravity flow.
Moreno v. Fey Manufacturing
149 CA3d 23. Strict Product Liability for an aftermarket bumper, manufactured and installed by defendant. The motorcyclist lost his leg
to a pickup truck which had a significant gap between the rear fender and the aftermarket wrap around bumper. As the truck pulled out to pass on two lane highway, Highway 41, the
leg of the oncoming motorcyclist lodged in the space between the rear bumper and fender and it was violently amputated. The danger of extended mirrors, bumpers and other vehicle
elements should be foreseeable by the manufacturer, who must be held strictly liable for such dangerous defects in its product.
Ballard v. Waltrip
Nationally ranked quarterhorse rider injured when struck by jackknifing tractor trailer when she volunteered to rescue and subdue a horse which
was loose in freeway center divider. Her plan for promotion of her quarterhorse training business was dashed when her hand injury disabled her from ever again competing in high
level national events.
KENNETH C. ABSALOM
Frito-Lay v. Teamsters Local 287;849 F.2d 1210 ( 9th Cir. 1988).
The Employer, Frito-Lay transferred bargaining unit work to a location outside of the scope of the collective bargaining agreement and laid off
union workers. Refusing to arbitrate the dispute, the Employer contended that the arbitration clause imposed no mandatory duty to arbitrate. The
District court agreed, but on appeal the Ninth Circuit reversed, agreeing with the Union that even an ambiguous arbitration clause must be construed in
favor of arbitration given the strong federal labor policy favoring arbitration. The Court also held that the issue of whether the detailed Management
Rights clause precluded arbitration of work transfer dispute was for the District Court to decide; on remand the district court agreed with the Union
that such disputes were not precluded from arbitration.
Van Waters & Rogers v. Teamsters Local 70; 913 F.2d 736
( 9thCir..1990)
This action grew out of the sale of McKesson’s industrial gases division to Van Waters that resulted in the transfer of employees represented by Local
70 to another Union’s jurisdiction. The receiving Local refused to permit the seniority integration of the former Local 70 members and as a consequence
long-term employees of McKesson lost their jobs. Arbitration was instituted against the seller claiming it had breached Local 70's collective
bargaining agreement when it failed to condition the sale on acceptance of the seniority integration clause by the purchaser. The Union limited its
remedy demand to damages; the Arbitrator ruled for the Union and the company appealed. The Ninth Circuit held that by limiting its remedy to
damages the Union had avoided impinging upon the other Union’s collective bargaining agreement covering the location to which the operations were
transferred. Thus, the award did not violate the public policy against imposing the terms of one union contract on the employees represented by
a different union; although an award of specific performance would have been void. The case is notable for its discussion of the public policy
exception to enforceability of arbitration awards, of jurisdictional disputes between unions, and the distinction between the impact of an award for
specific performance rather than compensatory damages.
Van Waters & Rogers v. Teamsters Local 70; 56 F.3d 1132 ( 9th Cir.1995)
After remand in the above case; the Arbitrator awarded future damages to those Union members who had lost their jobs. The damages award
extended beyond the expiration date of the McKesson collective bargaining agreement that created the seniority integration obligation. The Ninth Circuit
again ruled for the Union, finding that an Arbitrator had the authority to grant future damages and was not constrained by the expiration date of the
contract. The decision expands the remedial authority of labor arbitrators.
Diamond Walnut Growers Inc. 308 NLRB No.143 (1992)
Establishes the right to a bifurcated election for strikers employed in a seasonal industry. Under the National Labor Relations Act strikers forfeit
their right to vote in a representation election that is held more than 12 months into a strike. Here the Union filed its own certification petition before
the passage of 12 months to avert an effort by the Employer to decertify the Union; it also persuaded the NLRB to permit the strikers to cast ballots
before peak season so they would not be disenfranchised under the 12 month rule.
Diamond Walnut Growers v. NLRB and Cannery Workers’ Local 601, 113 F.3d 1259 (D.C..Cir.1997) (en banc)
The en banc Court upheld the Union’s position that an Employer faced with an unconditional offer to return to work presented by a striker must treat the
returning employee like any other applicant for work; this expands the right of strikers to return to work even where, as in this instance, there are no
positions vacant that are substantially equivalent to the position held by the striker before the strike commenced. As to other positions, the case
established that such returning strikers must still be given nondiscriminatory consideration notwithstanding the Employer’s asserted
business justification to treated the striker differently based on her active involvement in the Union’s nationwide corporate campaign. This litigation
grew out of a carefully planned strategy to fend off an Employer’s efforts to decertify the striking Union.
International Brotherhood of Teamsters v. Diamond Walnut Growers, (before the Third Appellate District of the California Court of
Appeals )
The Union’s emergency Petition for Writ of Supersedeas was granted vacating the Stockton Superior Court’s injunction prohibiting the Union from
engaging in a nationwide publicity campaign as part of a corporate campaign strategy, the injunctive relief had been granted in a trade libel
action brought by the Employer against the Unions. The Court of Appeals found that the injunction constituted an impermissible prior restraint of the
Union’s speech and thus violated the First Amendment and the California Constitution.
Cademartori v. International Brotherhood of Teamsters et. al.(United States District Court for the Eastern District of California).
An International Union is not liable under agency principles for the alleged wrong doing of an affiliated Local Union, even where the International had
extensive daily contacts with and supervision of the Local’s affairs.
Teamsters Local 287 v. Steven Beard. (Santa Clara Superior Court)
Enforcing a Union’s right to impose substantial fines on its members who engaged in public efforts, including a press conference with CNN to
undermine a Union’s strike against United Parcel Service..
Julio LaMadrid v. Browning Ferris Industries ( United States District Court for the Northern District of California)
A Union activist was terminated after the expiration of the Union’s collective bargaining agreement but before the commencement of a strike. Under
federal labor law an Employer’s arbitration obligation does not survive the expiration of the labor agreement. An action for wrongful termination was
filed in federal court under Section 301 of the National Labor Relations Act, alleging an implied contract to continue the just cause standard for
discharges during the hiatus between the expired collective bargaining agreement and the successor contract. The Judge held that such a cause
of action was cognizable under the Act. A favorable settlement for the plaintiff was achieved rapidly thereafter.
