Cases and Results


United States v. Account Services Corporation, United States District Court for the Southern District of New York:  Statutory immunity for individuals in the 20 million dollar on-line poker siezure by the United States Attorney's Office in Manhattan.

 

Press Coverage:  Worldwide.

 

Moody v. Merck:  United States District Court for the Eastern District of Louisiana: Representation of six plaintiffs in the 4.85 billion dollar VIOXX class action lawsuit in the  (New Orleans).

 

Press Coverage:  Worldwide

 

Norris v. Wells Fargo Guard Services, 1.6 million dollar jury verdict:  Plaintiff was a 21 year old college student at San Diego State University.  He was asked to leave Belmont Park in Mission Beach, California on a Sunday afternoon by Wells Fargo security guards.  Merchants feared that Blacks in the park would scare off tourists.  The guard service offered $5,000 to settle the case before trial.  The jury awarded Mr. Norris $600,000.  A second phase of trial was conducted at which the jury was to assess punitive damages.  The guard service offered $200,000 to settle the case before the second phase.  It was refused and the jury awarded an additional $1,000,000 in punitive damages against the defendants.  The defendants bonded the verdict and unsuccessfully appealed to the Court of Appeal and the California Supreme Court.  Payment to plaintiff exceeded 2.2 million dollars after interest accured on appeal.

 

Press Coverage:  San Diego Union Tribune, Los Angeles Daily Journal and local network television.

 

United States v. York, acquittal on 22 counts of participating in a Ponzi scheme:  Emmy award winning producers from Hollywood were indicted on multiple counts of participating in a scheme to defraud investors through infomercials.  The case was prosecuted and tried by a team of prosecutors from the United States Department of Justice in Washington D.C., and a special prosecutor from San Franciso, California specializing in Ponzi prosecutions.  Testimony on behalf of the defendants included Dick Clark.  After the acquittal, the San Diego Union Tribune reported, "Few defendants in federal court take their cases to trial.  Fewer defendants still are acquitted."

 

Press Covergage:  San Diego Union Tribune.

 

Kauanui v. Cravens, civil defense of Seth Cravens in the Bird Rock Bandits murder case: Seth Cravens and several other graduates of La Jolla High School in La Jolla, California were prosectued for the murder of professional surfer Emory Kauanui.  Mr. Cravens was convicted of throwing the fatal punch.  Mr. Gilliland settled the civil case prior to trial.

 

Press Coverage:  Worldwide

 

Hannah v. Indecline Productions, civil defense of the BUMFIGHTS video: Mr. Gilliland was retained to defend the makers of the BUMFIGHTS video, "A Cause for Concern."  Sale of the video was banned in England, Nothern Ireland, Scotland and Canada.  Mr. Gilliland settle the case prior to trial.  The video is only available on the black market today as it is now banned in the United States.

 

Press Coverage:  Worldwide

 

Davis v. City of San Diego:, racial profiling against the City of San Diego Police Department.  Plaintiff was booked and released on suspicion of scalping tickets to a San Diego Padres baseball game.  Mr. Gilliland proved the arrest and four hour detention was the result of racial profiling.  The jury awarded Mr. Davis $75,000 and voted to proceed to the punitive damage phase of trial.  The city risk manager then settled the case for $150,000 on a condition that plaintiff did not present the punitive damage case.

 

Press Coverage:  San Diego Union Tribune, KGTV Channel 10 News

 

Cole v. AIG Insurance, insurance bad faith settlement:  Plaitiff's husband died while surfing the 15 Street break in Del Mar, California.  His accidental death insurance company refused to pay the $100,000 policy limit claiming Mr. Cole died of a heart attack.  The company settled for four times the policy limit ($400,000) to avoid going to trial.

 

Lee v. San Diego Sheriff's Department:  Mr. Lee was arrested on a Flordia warrant for the arrest of his brother Robert Lee by the San Diego Sheriff's Department.  The warrant was given to the Sheriff by FBI agent Jake Gregory.  Agent Gregory wanted to speak with Lee about the whereabouts of his brother Robert.  A state court jury awarded Mr. Lee $81,000 agains the Sheriff's department for false arrest.

 

Press Coverage:  San Diego Union Tribune

 

Lee v. FBI:  Mr. Lee brought a Bivens lawsuit against the FBI and agent Gregory in Federal Court alleging false arrest and wrongful interrogation.  The Department of Justice argued that the FBI was immune from such actions.  The trial disagreed and denied the defense motion for summary judgment.  The Department of Justice appealed to the Ninth Circuit Court of Appeals which also denied the request in a published opinion, Lee v. FBI, 363 F.3d 931 (9th Cir. 2004).  U.S. Supreme Court Justice Sandra Day O'Connor refused to review the case and the FBI settled the case for $190,000 on the eve of trial.  The Lee case has now been cited authority of governmental immunity in Pennsylvania, Tennessee, Nevada, California, Idaho and Hawaii.

 

Press Coverage:  San Diego Union Tribune and numerous legal publications

 

DOE v. Sweetwater School District, $450,000 settlement for parent of a student who died in P.E. class.  The student came from a Spanish speaking home where his mother signed school forms that were only printed in English.  One form permitted his unrestricted attendance in Physical Education even though his medical record had a long standing restriction precluding the student from strenuous activity due to a congenital heart problem.  The student died in the gym shortly after competing the 12 minute run.  The district now requires bilingual forms.

 

United States v. Wilkes, negotiated immunity for ADCS employee and Human Resources Director in the Randy "Duke" Cunningham Congressional bribery scandal for which the Republican Congressman was sentenced to 8 years in Federal Prison for accepting more than 2.4 million dollars in bribes from ACDS and others.  The case was the larges bribery case in the history of the United States Congress according to Congressional Historian Fred W. Beuttler.

 

Press Coverage:  Worldwide

 

Washington v. San Digeo County Sheriff's Department, $400,000 settlement in the hog-tie death of an inmate at the George Bailey Detention Facility.

 

Press Coverage:  San Diego Union Tribune

 

Scott v. Scott, False imprisonment case brought agaisnt former Mrs. America Jill Scott, her attorney Ian Lockhon and bounty hunter Donald Mellon.  Plaintiff was Mrs. Scott's former husband who was handcuffed at gunpoint by the bounty hunter in Belleville, Kansas and driven to family court in San Diego, California to face a warrant regarding past-due spousal support.  At the time, Mr. Scott was working at a Taco Bell in Belleville, Kansas and his wife, since winning her crown, had remarried to Rick Chance, the Southwest autoglass mogul.  Plaintiff contended that his wife was retaliating against him for revealing that she had acted in a pornographic video.  The jury of 12 men awarded Mr. Scott a $670,000 verdict including $475,000 in punitive damages.

 

Press Coverage:  Hard Copy, National Inquirer, San Diego Union Tribune and various tabloids

 

Scott v. Chance, $700,000 settlement.  During the Scott v. Scott trial, Rick Chance's involvement in the false imprisonment case was revealed by the lawyer for Jill Scott-Chance.  A separate suit was filed against Rick Chance which he settled for $700,000.  Mr. Chance was later found murdered in a hotel room in Arizona where he had arranged a meeting with a woman he met on-line to show her a collections of diamonds.

 

People v. Gudmundsson, In 2006, Bryan Gudmundsson was completing a 14 year sentence for attempted murder.  After a disagreement with guards, the guards conducted a surprise search of Gudmundsson's cell during which they contend they found a hit of balck tar heroin and marijuana.  Gudmundsson agreed to a drug test which came back positive for both heroin and THC.  The District Attorney filed a criminal complaint seeking a third strike agaisnt Gudmundsson which would have resulted in an automatic life sentence.  Mr. Gilliland obtained the records from the drug testing lab which revealed that the heroin and marijuana in the lab weighed more than the drugs allegedly found in Gudmundsson's cell.  Records also show the urine test that came back positive had the name of a different inmate on the vial.  The District Attorney voluntarily dismissed the case and Mr. Gudmundsson is currently a counselor for troubled youths in San Diego, California.

 

People v. Acquino, probation granted for first degree murder charge.  Mr. Gilliland was retained to represent the grand nephew of the former president of the Phillipines Benigno Acquino (who was succeeded in the Presidency by his wife Corazon Aquino after his assasination).  Mr. Acquino was arrested after an episode of America's Most Wanted portrayed the details of the unsolved execution-style murder of a soap opera actress from The Young and the Restless.   Mr. Acquino was granted probation and the trigger man Hugo Jimenez was sentenced to 40 years to life.

 

Press Coverage:  America's Most Wanted, January 2002; San Diego 10 News, San Diego Union Tribune