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United States Steel Corporation v. Pacific Gas & Electric Company, C-F-83-382 REC: a four month jury trial before the Honorable Robert E. Coyle, United States District Court for the Eastern District of California. The case, which involved in excess of $130 million in controversy, arose out of the failure of a 22 foot diameter water pipe serving a hydroelectric facility in Fresno County, California;
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State of Hawaii v. Erkel, Civ. No. 71916: a three and one-half month trial of contract, fraud and unfair competition claims which exceeded $250 million in controversy. The case arose out of the design, fabrication and construction of the Aloha Stadium sports facility in Honolulu, Hawaii. Mark tried the case to a jury in the State of Hawaii District Court, the Honorable Wendell Huddy presiding;
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Enserch Corporation et al. v. Exxon Corporation, Case No. 200386: a four month jury trial before the Honorable Edwin Osborne (Ret.). The case involved approximately $80 million in claims arising out of the construction of a Crude Oil Processing Plant in Santa Barbara County serving the offshore Santa Ynez Unit Production Field;
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Koutney et al. v. Exxon Corporation, et al., No. CV 735811: an unfair competition action brought by 35 franchised Exxon dealers against Exxon in the Santa Clara County Superior Court. The case was tried before the Honorable Conrad Rushing. In addition, Mark handled the summary disposition through appellate writ proceedings of the balance of the case which involved antitrust claims under California’s Cartwright Act as well as breach of contract and business tort claims. Exxon Corporation v. Superior Court (Koutney), 51 Cal.App. 4th 1672, 60 Cal.Rptr.2d 195 (1997). Finally with respect to this litigation, Mark handled the disposition through motion and trial of similar claims presented by fifteen additional dealers in a parallel federal court action brought in the United States District Court for the Northern District of California, Ajir et al. v. Exxon Corporation, et al., C-93 20830 RMW, the Honorable Ronald M. Whyte presiding;
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Freeman & Mills, Incorporated v. Belcher Oil Company, C740915: a six week jury trial before the Honorable Edward Kakita, Los Angeles County Superior Court, which involved over $1 million in breach of contract and tort claims arising out of the failure to pay for services rendered under a consulting contract. Mark also handled the appeal of the case to decision by the California Supreme Court, Freeman & Mills Inc. v. Belcher Oil Co., 11 Cal 4th 84, 44 Cal.Rptr. 420, 900 P.2d 669 (1995);
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Pacific Equipment and Irrigation, Inc. v. Daihatsu Motor Co., Ltd., No. EAC 60552: a six week jury trial in the Los Angeles County Superior Court (East District), the Honorable Francis J. Garvey (Ret.) presiding. The case involved a $6 million breach of contract and business tort claim arising out of the termination of a motor vehicle franchise relationship;
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Charles v. Admiral Equipment Corporation, No. 81-01412 RG: a products liability/personal injury action involving an industrial accident. The case was tried twice to two separate juries in the United States District Court for the Central District of California, the Honorable Richard Gadbois presiding;
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American Honda Motor Co., Inc., v. United States Steel Corporation, No CV 85-8205 AHS: a private party recovery action under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 U.S.C. §§ 9601 et. seq. in the United States District Court for the Central District of California. The case, which arose out of the purchase and sale of a steel mill in Torrance, California, was tried by Mark to the Honorable Jesse Curtis;
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Pico Metal Products, Inc. v. Imperial Anchor Pallet Corp., SEC 48677: a six week jury trial in the Los Angeles County Superior Court (Southeast District), the Honorable Robert Higa presiding. The case involved common law claims for the recovery of damages arising out of the illegal disposal of hazardous and toxic substances on real property by a former owner of the property;
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Pascual v. Exxon Mobil Corporation, et al., No. RG 03096045: a class action alleging unfair business practices and false advertising by defendant based on its dual branding strategy;
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Sonic TCM, Inc. v. Cingular Wireless LLC, No. 04CC10732: A four week jury trial in the Superior Court for Orange County, California, the Honorable W. Michael Hayes presiding. The case involved claims in excess of $6 million for breach of contract, fraud and sexual discrimination arising out of contracts for site acquisition, architectural and engineering services and construction of cell towers throughout Southern California.