BHIMANI
LAW

CIVIL LITIGATION

• Lead attorney in a contract dispute against a government entity involving allegations that client misspent over seven (7) million dollars of federal funds. Before resolving matter on terms acceptable to the client, took depositions of high-level government officials and defended client depositions, argued multiple cross-motions for summary judgment, reported on the matter to the County Board of Supervisors, and prepared for trial.

• Handled all discovery and trial strategy for a qui tam action alleging over $200mm in damages brought by former employees alleging client violated the Anti-Kickback statute and the False Claims Act by linking patients into medical care. Drafted dispositive motions, conducted discovery, handled witness interviews, and took depositions. Won summary judgment in favor of client on all counts.

• Managed insurance recovery action against insurance company and broker for refusing to cover a claim for wrongful death resulting from a third-party drunk driver who attended an event sponsored by a client. Wrote and revised multiple motions for summary judgment that led to a complete settlement of the insurance recovery action and underlying case in client’s favor.

• Tried case involving a $5mm dispute between members of a limited liability company on whether actions taken by a majority of members violated the fiduciary duties owed to the minority members. Verdict in favor of client.

• Tried a $500,000 commercial real estate lease dispute concerning exclusivity provisions.

• Argued motions for summary adjudication, deposed percipient and expert witnesses, and drafted motions in limine that limited the scope of a dispute as to whether a company’s corporate veil can be pierced to reach the parent company who made payments to creditors in a sale leaseback transaction.

• Opposed an application for a writ to attach order against a multi-national real estate acquisition company in an action arising out of a credit tenant lease financing transaction.

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PERSONAL INJURY/ PRODUCT LIABILITY

• One of the lead attorneys involved in a series of cases filed on behalf of over 1,000 plaintiffs against Gilead Sciences alleging patent validity and tort claims as a result of Gilead withholding from the marketplace a superior drug for over a decade to maximize its profits from an inferior drug that caused individuals to suffer kidney and bone issues. Reviewed medical studies to draft the complaint; argued the demurrer; and eventually oversaw the formation of a California mass tort in San Francisco Superior Court that now includes over 20,000 cases.

• Litigated a personal injury that settled for over $5million involving a plaintiff who suffered a catistrophic personal injury that will require significant care over the lifespan of the individual as a result of intentional conduct by a care provider. Drafted pleadings, conducted extensive discovery, oversaw depositions, filed motions to overcome statutory limitations for damages that can be awarded in medical malpractices cases, and ultimately negotiated a settlement with Defendant. 

• Settled a personal injury matter for wrongful death resulting from an accident at a construction site. 

• Litigated a personal injury action for back injuries that resulted from a fall at a major department store as a result of the store's failure to maintain the premises. 

 

EMPLOYMENT

• Conducted workplace investigations into sensitive matters involving high-level employees involving a wide array of issues, including discrimination, hostile workplace, sexual harassment, and emotional distress.

• Tried an employment suit alleging client discriminated against employee due to her disability. Client approved settlement prior to verdict being issued. 

• Defended public agency in a suit brought by employee alleging discrimination, harassment, retaliation and hostile workplace. Handled all aspects of the litigation and won dispositive motion based on the pleadings.

• Represented school district being sued by the city to reopen its classrooms during COVID pandemic. Drafted witness statements to oppose issuance of an injunction against the school district that explained the restraints imposed on the school by, among other, the union employee contracts. 

• Sued fortune 500 companies on behalf of a clients client for sexual harassment, gender discrimination, racial discrimination, hostile workplace, and retaliation. 

• Successfully led defense of a multimillion dollar class action wage and hour suit concerning whether bonus payments were properly classified by a multi-national client. 

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PROBATE

• Trial counsel for defendant, a high net worth individual, in a probate matter involving business disputes related to a closely run family business and allegations of undue influence against the defendant. Handled all aspects of the case from pleading, to discovery, to multiple dispositive motions, and conducted a trial that spanned over 5 weeks. Verdict was ultimately entered in favor of defendant on all claims.

• Handled arbitration involving valuing a deceased shareholder’s shares in a closely held company pursuant to the terms in a shareholder buy-sell agreement.

• Pursued elder abuse action against a corporate defendant who took in money from plaintiff, an elder, that was lost to an internet scam. The client recovered the full amount of damages sought, which was in excess of $1 million.