Brand Cooper

Brand Cooper
Cooper & Bruning, LLP
Pasadena, CA
(626) 585-8500
bc@cooperlaw.com
www.cooperlaw.com

Expert Testimony Given in Attorney Fee and Legal Billing Matters

Alfaro v. Nomad: Santa Barbara Superior Court Case No. 1264917 (2009) Retained by Fotouhi, Epps, Hillger & Gilroy PC to testify by declaration regarding the reasonableness of the legal billings of the Endeman law firm.

Amusement Industry, Inc. v. Michael Antin:  LA Superior Court C253468 (2004) Testified for law firm of Aviv Tuchman by declaration on reasonableness of fees claimed under contract provisions and under CCP § 2033.

Barber v. Human Contract, LLC et. al.: United States District Court (Central District California) Case no. CV09-00964 VBF; Testified by Declaration regarding the reasonableness of billings of Harris & Rouble in FLSA matter (2010).

Beheshti v. Bartley:  Alameda Superior Court (Hayward) (2010). Testified at trial before Judge Evelio Grillo on behalf of the Rimon Law Group on the quantum meruit value of services rendered by law offices of Daniel Robert Bartley.

Beylick Drilling Inc. v. Maryland Casualty Co.: Orange County Superior Court Case #754463. Retained by Demler, Armstrong & Rowland, Long Beach to testify regarding the issue of Bad Faith in connection with the conduct of Callahan & Blaine.

Blackburn v. Federal Insurance Co.: US District Court for the Southern District of CA Case # 05-CV0075-WQH (CAB).  Retained by Seltzer Caplan McMahon Vitek to testify regarding reasonableness of fees, Brandt fees and entitlement to legal fees based on causation principles.  Testified by Report and Deposition (2006).

Brock v. Westwood One: Los Angeles Superior Court Case Retained by Mark L. Block of Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP.  Testified on behalf of Christiansen Miller in deposition (2004) regarding reasonableness of attorney billings.

Bryan Cave v. First State Insurance Co.: Los Angeles Superior Court Case No. BS000249- Arbitrator: Judge Julius Title (1997).  Retained by Robert Black of Clausen & Campbell.  Testified at arbitration as to reasonableness of billings of Bryan, Cave, McPheeters & Roberts.

Bucio v. Cars 4 Less, HSBC: Sacramento Superior Court no. 05AS01484.  Retained by Kirkpatrick & Lockhart, Nichols Graham (2006)to testify by declaration regarding the reasonableness of the legal billings of Louis Liberty.

Cole v. National Union: Retained by Colin McCathy from the Robinson Wood firm to determine the reasonable and necessary Brandtfees of the Dickstein, Shapiro firm in coverage and bad faith litigation against National Union.  Testified by deposition on reasonableness of charges (2010).

CSAA v. Great American: San Francisco Superior Court Case No. 897063.  Retained by Popelka, Allard, Jim Jones to testify as to reasonableness of billings of Morrison & Foerster. Testified at deposition only. (1999).

Cyril & Crowley v. Homestead Insurance Co.: Marin County Superior Court (1990).  Retained by Charleston Revitch & Williams (Howard Wollitz) to testify at San Francisco arbitration on reasonableness of billings of Cyril & Crowley.

Dantel v Northwestern Pacific Indemnity: U.S. District Court, Eastern District Case No. F-01-6261 AWFDLB (2004).  Testified on behalf of Gordon & Rees (Michael Lucey) and Northwestern Pacific Indemnity before arbitrator James Thaxter in Fresno as to the proper allocation of billings between a complaint and cross-complaint resulting in arbitration award.

Dentist Insurance Company v. Jerome Berg: San Francisco Superior Court Case No. 896839.  Judge Reagan Retained by Fisher & Hurst- Mark Rorem & William Caspari. Testified at jury trial on the reasonableness and integrity of billings of Jerome Berg. (approx. 1994).

DRC v. Sierra Vista: U.S. District Court, Central District Case No. CV09-3664.  Retained by Manatt, Phelps & Phillips, LLP in (2010) to provide a declaration on the reasonableness of legal fees of Disability Rights  of California under fee shifting statute.

Eagen v. Cars 4 Less, HSBC: Sacramento Superior Court no. 05AS03061.  Retained by Kirkpatrick & Lockhart, Nichols Graham (2006) to testify by declaration regarding the reasonableness of the legal billings of Louis Liberty.

Envirotech Industries v. United Capitol Insurance Co.: United States District Court, Central District of California, Case No. CV-95-1108JMI(GHKx).  Retained by Arter & Hadden (Jacqueline Valenzuela, Esq.).  Testified by declaration.

Ernest Brown & Co. v. Marina City Contractors: Orange County Superior Court- Judge Polson.  Retained by C. Kerry Fields to testify as to billings of Ernest Brown & Co.  Testified at deposition.

Estate of Marilyn Hambelton: Los Angeles Probate matter.  Retained by William M. Paparian to review billings of Law Offices of William R. Van Order.  Testified by declaration on reasonableness of charges (2009).

Ethridge  v. Ziadeh Enterprises dba Central Valley Motors, Lobel Financial Corp.: Superior Court of the State of California Case No. CV025059.  Testified by declaration 2006.  Retained by Lobel Financial Corp. to testify re: reasonableness of billings of Louis Liberty.

Fitzgerald Rees & Sharkey v. Donald Sterling: San Diego Superior Court.  Retained by Arter & Hadden to testify on reasonableness of billings of Fitzgerald, Rees & Sharkey. Testified at deposition. (approx 1998).

Gledhill Chevrolet v. Industrial Indemnity: Arbitrator: Judge Eagleson.  Retained by Haight, Brown & Bonesteel, Bob Kaufman. Testified at arbitration as to reasonableness billings and covered vs. non covered billings of Baker & Hostetler and obligation of the insurer. (approx 2001).

Goldstein v. Beck: Los Angeles Superior Court – West District Case No. SC085201.  Retained by Michael Steiniger, Esq.  Testified by declaration on reasonableness of charges (2010).

Griswold Enterprises v. Royal Insurance Co.: Los Angeles Superior Court Case No. BS016907 - Arbitrator: Judge Howard Thielen.  Retained by Musick, Peeler & Garrett to review reasonableness and covered vs. non covered billings of Shaub, Regan & Williams litigation.  Testified at arbitration.

Gross v. Capitol One Bank: San Francisco Superior Court No. CGC-04-433300. Retained by Morrison & Foerster (2007) to testify regarding the reasonableness of attorneys fees in a class action motion for attorney’s fees. Testified by Declaration.

Hartford Accident & Indemnity v. Commerce and Industry: San Francisco Arbitrator: Thomas Kongsgaard.  Retained by Kenny, Burd to testify as to reasonableness and covered vs. non covered billings of Fisher & Hurst. Testified at arbitration. (approx 1995).

Havlicek v. Berjis: Los Angeles Superior Court Case BC 123 655.  Retained by Crusader/Truck Insurance Testified at arbitration before Judge (Ret.) Choate. 

Hernandez v. The Regents of the University of California: Alameda Superior Court Case No. RG-06-272564.  Retained by The Regents of the University of California.

Hillview Glen v. United National: Orange County Superior Court 02CC00238 (2005). Testified by report in arbitration of allocation of fees from complaint versus cross-complaint on behalf of United National and Sinnott, Dito Moura & Puebla.

Hughes Aircraft Company v. Liberty Mutual: Los Angeles Superior Court Case No. BC 213646.  Retained by Black, Compean & Hall, Liberty Mutual to testify as to the allocation of fees between covered and uncovered claims and reasonableness of fees of Kirkland & Ellis. Testified by declaration. (approx. 2002).

Imcera v. Liberty Mutual Insurance Co.: Los Angeles Superior Court- Judge Macklin Fleming. Retained by Grace, Skycopec to testify as to reasonableness and covered vs. non covered billings of Pillsbury, Madison & Sutro.  Testified at jury trial. (approx. 1999).

Jackson, Lexington v. Mclean & Schack: Los Angeles Superior Court- Judge Victor Chavez.  Retained by David Clark of Chase, Rotchford to testify regarding reasonableness of   insurance company’s conduct. Testified in Jury trial. (approx. 1996).

J.R. Marketing llc v. hartford insurance Company, et al: Superior Court of California, County of San Francisco Case Number:CGC-06-449220.  Cause of Action: Subrogation/Insurance.  Testified by declaration on reasonableness of billings. (2010).

Keck, Mahin & Cate v. Sun West Insulation: Los Angeles County Superior Court Case No. SC012991. Retained by Andrade & Hargan, Newport Beach, to testify as to reasonableness of billings of Keck, Mahin & Cate.  Testified at deposition. (approx. 2004).

Kimball Small v. Great American: San Jose Superior Court Case No. 701016.  Retained by Lynch, Loofborow to testify as to reasonableness and covered vs. non covered billings of Gibson, Dunn & Crutcher on environmental liability matter. Testified at deposition. (approx. 1997).

Las VIrgenes Unified School District ADV. H.: United States Court of Appeals Ninth Circuit; Testified by Declaration regarding reasonableness of billings of Newman, Aaronson & Vanaman in IDEA matter. (2010).

In Re Kitec Fitting Litigation: Nevada District Court, Clerk County Case No. A493302.  Retained by Thagard, Reiss & Brown, LLP.  Testified by declaration (2009).

Lenscrafters, Inc., et al. v. Liberty Mutual Fire Ins. Co., et al.: United States District Court Case No. CV 04-01001-SBA.  Retained by Ross, Dixon & Bell, LLP to testify regarding the ability to allocate defense costs in dispute between Executive Risk Specialty Insurance Company and Liberty Mutual Fire Insurance Co.  Testify by declaration and deposition (2005).

London v. MIEC:
Oakland Superior Court.  Retained by Tyler Draa of Hinshaw, Winkler, Draa, Marsh & Still to testify at jury trial re reasonableness of billings of Cox, Buchanan & Padmore and obligation of the insurer MIEC. (approx. 1995).

Longs Drug Stores California, Inc. v. Federal Insurance Company: U.S.D.C. Northern District C03 01746 JSW (2005). Testified by declaration regarding reasonableness of billings of Felice, Brown, Eassa & McLeod firm and obligation to defend on behalf of Federal Insurance Company and Newton Remmel.

Marshall v. Anna Nicole Smith: U.S. Bankruptcy Central District LA96-12510-SB.  Retained by Sedgwick, Detert, Moran & Arnold.  (Alan Frieslaben). Testified at an arbitration before Judge Eric Younger on allocation of fees of Kinsella, Boesch & Fujikawa between claims of bankruptcy and in defense of a slander action. (approx 2003).

Cheryl McCall v. Safety Consultant Services, Inc., et al.: Los Angeles Superior Court Case No. VC046814 Retained by Kern & Gonzalez to review billings of Philip J. Ganz, Jr.  Testified by declaration on reasonableness of charges (2008).

Miller, Starr v. Industrial Underwriters: Expert for Jim Price of Industrial Indemnity.  Reviewed reasonableness and covered vs. non covered billings of Miller, Starr.  Testified at arbitration in San Francisco (JAMS). (approx. 1993).

Nehme v. Wellpoint, Inc.: Los Angeles Superior Court Case No. BC396316.  Retained by Scott C. Glovsky.  Testified by declaration (2010).

Nevada Power v. Las Vegas Building Materials: Federal District Court, Nevada- Case No. CV-S-87-477 HDM.  Retained by Bishop, Barry, Howe, Haney & Ryder to testify on the reasonableness of billings of Paul, Hastings, Janofsky & Walker.  Testified by declaration. (approx. 1993).

Nickelson v. Trw, Inc.: USDC (Central District) Case No. CV 96-3193 RSWL.  Retained by Munger, Tolles & Olson on behalf of TRW. Testified at arbitration before Justice (Ret.) John Trotter.

Pardee Construction Company v. Unigard: U.S. District Court - Case No. 99-CV 1925 (NLS).  Retained by Kern & Wooley on behalf of Unigard Amco, Highland & Liberty Mutual to testify at deposition and trial on the reasonableness of the billings of Sparber, Ferguson. (approx. 1998).

Paul M. Clark v. Decratrend Corp.: Los Angeles County Superior Court Case No. BC 096412 (Judge Cappai).  Retained by Langberg, Cohn & Druz.  Testified by declaration.

Pharmacia & Upjohn v. Great Lakes Chemical Corp.: Retained by Clausen & Miller (Chicago, Illinois). Testified in deposition before trial in case venued in Kalamazoo, Michigan on the obligation of Great Lakes Chemical to pay for billings of Jenner & Block. (approx. 1998).

Pomeroy v. Scottsdale Insurance Company: Orange County Superior Court. Retained by Conkle & Olesten to testify as to reasonableness of conduct of Scottsdale and its counsel Joseph Ryan in connection with decision to refuse to defend. Testified to jury. Jury verdict over $4,000,000 against Scottsdale. (approx. 1996).

Prudential Insurance Co. v. Innerspace: Los Angeles Superior Court - Torrance- Judge Thomas. Retained by Chapman & Glucksman to review billings of Gibson, Dunn & Crutcher.  Testified by declaration on reasonableness of charges. (approx. 1996).

Quinn Emanuel Urquhart v. Marietta Holding Corporation, et al.: Los Angeles Superior Court Case No. BC420238.  Retained by Baute & Tidus to review billings of Quinn Emanuel Urquhart.  Testified by declaration on reasonableness of charges (2009).

Rapore v. Donald Beach: Los Angeles County Superior Court Case No. SC 022261. Retained by Rapore & Lowe.  Testified by declaration.

Rey v. Madera: Madera Superior Court Case No. MCV043467.  Retained by Atkinson, Andelson, Loya, Ruud & Romo and Mennemeier, Glassman & Stroud.  Testified by declaration on reasonable fees sought. (2010).  

Salazar v. Interland, Inc.: U.S.D.C. Central CV-04-2498-JFW (2005).  Testified by declaration for defendant and Wargo and French and Sonnenschein, Nath & Rosenthal on reasonableness of fees claimed as sanctions and upon remand under 28 U.S.C. §1447(c).

Salberg v. Starcevich: Santa Clara County Superior Court Case No. 1-06-CV-059501. Testified by deposition (2007) as to the quantum meruit amount of legal fees that should be awarded to attorneys, Starcevich, Messetti and Tobin for their prosecution of several clergy abuse cases against the Roman Catholic Church. Retainer by Murphy, Pearson, Bradley & Feeney and Hinshaw & Culbertson in San Francisco.

Schlosser v. Wollersheim: Los Angeles Superior Court No. C 332 027.  Judge Hess (2005).  Testified at jury trial as to reasonableness of attorney’s fees claimed on a quantum meruit basis for work performed over a 12 year period of time prosecuting the landmark Wollersheim v. Church of Scientology case.  Retained by William Gwire, San Francisco.

Sierra View Local Health Care District  v. Sierra View Medical Plaza Associates, LP., et al.: Superior Court of the State of California, County of Kern–Metropolitan Division: Case No. S-1500-CV-247349-LPE (2006).  Retained by Noriega & Bradshaw, LLP on behalf of defendant to review and prepare Declaration in Support of Sierra View Medical Plaza Associate’s Motion for Award of Litigation Expenses.

Sofamor Danek v. Royal Insurance Company: Retained by Royal Insurance Company and AIU. Testified in US District Federal Court in Memphis, TN on the billings of Pepper, Hamilton & Sheetz in MDL pedicle screw product liability litigation. (approx. 2002).

Southwest Marine v. Ciga: Los Angeles Superior Court Case No. 920323.  Retained by Clausen & Campbell to review billings of Heller, Ehrman. Testified at deposition only. 

Spanky’s Portable Services, Inc.  v. Douglas Brimmer, et al.: Superior Court of the State of California, County of San Diego, North County Division: Case No. GIN 047629 (2006). Testified by declaration on reasonableness of billings.

Stallworth v. City of Los Angeles: Los Angeles Superior Court Case No. BC 341480.  Testified by declaration on reasonableness of billings. (2009).

Strook, Strook & Lavan v. National Claims Management: Los Angeles Superior Court Case No. BC 203034.  Retained by Strook, Strook & Lavan to testify at deposition and trial as to reasonableness of billings of Strook, Strook & Lavan.

Thane International Inc. v. Hartford Fire Insurance Co.: Retained by Mendes & Mount to testify in U.S.D.C. (Eastern District) Case No. EDCV-06-01309 on billings of Akin Gump. Testified in deposition (2008) on reasonableness of billings and allocability of billings. 

Thane International Inc. v. Hartford Fire Insurance Co.: Retained by Mendes & Mount to testify in U.S.D.C (Eastern District) Case No. ED CV 06-01244 on reasonableness and allocability of billings of Slovak, Baron & Empey.  Testified at trial (2008) Riverside Federal Court Judge Virginia Phillips. 

The Housing Group v. Great American: Arbitration by Judge Sumner of JAMS.  Reviewed billings of Raitt & Dobrin.  Testified at arbitration on the reasonableness of billings and obligation of insurer. (approx. 1994).

Thierman, Cook v. Delcon: Retained by Bernard & Wood, Oakland, California, to testify as to billings of Thierman, Cook on National Labor Relations matter.  Testified at jury trial in San Francisco Superior Court. (approx. 1990).

Travelers Indemnity Co. v. Liberty Mutual Insurance Co.: U.S. District Court - Northern District (Oakland) C94-03177CW.  Testified at trial on a construction defect matter on reasonableness of legal fees of Morganstein & Jubelirer.  Retained by Ropers, Majeski, Kohn & Bentley. (approx. 2000).

Triton Energy Ltd. v. Generali Re Sphere/ Drake Ins. Co.: 191st Judicial Court of Dallas County, Texas - DV99-7043.  Retained by Harrison, Bettis & Staff of Houston, Texas to testify on reasonableness of billings of Reardon & McKenzie.  Testified at deposition. (approx. 1997).

Union Electric Co. v. Amer. Auto Ins. Co., et al.: Testified by deposition on reasonableness of charges of asbestosis counsel in Edwardsville, Illinois - HeplerBroom LLC  (2010).

United Pacific v. Rohr Industries: Los Angeles Superior Court.  Retained by Long & Levitt to testify at arbitration on the reasonableness of billings by McCutchen, Doyle, Brown & Enersen. (approx. 1994).

Unocal v. Lexington: U.S. District Court Central District of California Case No. 05-1857 JFW.  Retained by Severson & Werson (2006) to testify at deposition and at trial regarding the $35 million in legal fees and costs submitted by three law firms (O’ Melveny & Myers, Howrie and Simon and Munger, Tolles & Olson) on behalf of Unocal in connection with the litigation arising out of the Unocal pipeline in Myanmar. 

VanNguyen v. Drive Off Financial Inc.: Sacramento Superior Court No. 07AS03908.  Retained by Foell & Elder, Orange County (2008) to testify by declaration as to reasonableness of plaintiff’s motion for fees in class action matter. Testified by Declaration.

Watson v. City of Los Angeles: Los Angeles County Superior Court Case No. BC 085132.  Retained by City of Los Angeles.  Testified by declaration. (approx. 1999).

Wehner and Perlman v. Truck Insurance Exchange: Los Angeles Superior Court Case No. BC003065 - Arbitrator: Judge Eagleson.  Retained by Waldman & Graham. Testified at arbitration on the reasonableness of billings of Wehner & Perlman. (approx. 1996).