Dan Fallon is a Partner in the firm’s San Diego office. Mr. Fallon leads a group of litigators specializing in professional liability, personal injury, general commercial liability, and business litigation. Admitted to practice in all California state and federal courts, Mr. Fallon has significant experience developing and executing litigation strategies to the benefit of his individual and corporate clients.
In defense of his professional clients, Mr. Fallon secured a directed verdict against negligence and fraud allegations and achieved a substantial judgment defending an alleged breach of fiduciary duty with requests for punitive damages, which judgment was upheld on appeal. He also negotiated a beneficial settlement on behalf of a high-profile Los Angeles real estate broker in a contentious lawsuit involving allegations of toxic torts and intentional misrepresentation related to a multi-million-dollar mansion sold by a Grammy-winning artist to a noted cultural institution. In the area of personal injury litigation, Mr. Fallon successfully drafted and argued a motion for summary judgment in favor of his general contractor client in a multi-party wrongful death lawsuit. He also obtained dismissal with prejudice of a traumatic brain injury case in defense of a well-known historic business following successful challenges to the allegations.
Mr. Fallon attended Hamilton College in upstate New York and worked at a multi-national law firm on Wall Street before obtaining his law degree at the University of San Diego School of Law. He served on the Board of Directors for the San Diego Defense Lawyers and is a Barrister with the American Inn of Court, Hon. William B. Enright Chapter.
Outside the practice of law, Mr. Fallon is a Trustee for a foundation supporting non-profit organizations throughout the country. He enjoys the arts, culinary adventure, and travel with his wife, including journeys to Kenya and Sri Lanka.
CLM – September 10, 2018
With the rising costs of medical, rehabilitation, and long-term care, the increase in special damages can be exponentially impactful to jury verdicts and settlements. The gross exposure from cases not only affects carriers, but also creates concerns for policyholders relative to policy limits, premiums, and professional reputations.
I know, I know – as a claims professional you do not want to give a dime at mediation! But in order to get what you want, you need to give a little bit. I am not even referring to money. We all know money is the primary motivator of claimants and plaintiffs, so if you are not willing to throw money at them, you need a strategy to bring them into the realm of reality to reach a reasonable resolution at mediation. Let’s take a look at what you can give your opponent in order to get the settlement you want.
“Ready, set, GO!” With those words, the trial judge tells the attorneys to proceed with opening statements. The trial has commenced. The battle is on! Or so we are led to believe.
While juries play a most significant role in the outcome of litigation, we all know cases often come down to a battle of the experts. Stretching credulity under a shield of impressive credentials, experts often make unfounded leaps and bounds in an attempt to sway the impressionable minds of jurors. To protect jurors and parties from speculation disguised as reasoned expert opinion, the California Supreme Court issued its game-changing opinion in Sargon Enterprises, Inc. v. University of Southern California (2012) 55 Cal. 4th 747.
Life is precious. When it is lost prematurely, the grief and anger of the decedent’s family and loved ones can be immeasurable. They often turn to the legal system to measure their loss by way of a wrongful death lawsuit against the individual or corporate entity believed to be at fault for the unfortunate situation.
In our legal system where corporate entities are deemed to be “persons,” it has become relevant and wise to ask: Is this corporation alive or dead? Your determination will greatly
Congratulations! You just entered into an agreement with another business to purchase its most valuable asset at a discount. Of course, no one anticipates any problems, but, just in case,
It is not worth saving a few bucks in light of the significant risk of waiving attorney client privilege and handing over all of your precious legal analysis and work product to your opponent. Your client is your client. And your experts get paid for a reason. The blending of the two can create disastrous results for your case and your client.
Just as in life there is “stupid” and there is “really stupid,” so too does the law recognize different degrees of negligence. It is a common misconception punitive damages can only be claimed or awarded where a defendant intentionally harmed the plaintiff. Depending on the extent of the defendant’s actions or omissions, punitive damages may nevertheless lie even absent intent to harm.
August 2014 California Case Law Updates