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Nathan E. Malone - Senior Counsel

Nathan E. Malone is Senior Counsel in Tyson & Mendes’ Orange County office.  His practice is focused exclusively in civil litigation, primarily in the areas of personal injury, general liability, complex and environmental tort, and products liability. Mr. Malone also has experience in lemon law, business litigation, HOA defense, and representation of corporate and HOA creditors in Bankruptcy Court.

For over 10 years, Mr. Malone was part of a team defending the manufacturer of a common household product, from an onslaught of meritless products liability litigation, successfully bringing each case to resolution by securing a dismissal for the client.  Mr. Malone has been involved in aggressively defending, and obtaining defense verdicts for veterinary hospitals, movie theaters, supermarkets, and many other retail establishments. Mr. Malone has also achieved outstanding results in admitted liability personal injury and premises liability cases in which injury causation is often the client’s only viable defense.  When settlement is the client’s only option to avoid significant exposure, Mr. Malone has identified and eliminated impediments to settlement, reducing the client’s overall litigation costs and avoiding protracted discovery.

Mr. Malone graduated from Whittier College in 1998, with a bachelor’s degree in Business Administration.  He was a claims manager in the insurance claims industry for several years before obtaining his law degree from Western State University College of Law in 2005, graduating with the Witkin Award for Excellence in International Business Transactions.  Mr. Malone is an active member of the California State Bar, Orange County Bar Association, and the Association of Southern California Defense Counsel (ASCDC).

He and his wife enjoy traveling, cooking, and spending time at the beach.  Mr. Malone is also an avid outdoorsman who enjoys camping, hiking, and fishing.

Recent Posts

Are Remote Trials the Wave of the Future? – Florida’s First Remote Civil Damages Trial Results in Plaintiff’s Award Against a Bar Owner

With the current health pandemic lingering on longer than most people expected, courts have been struggling to find ways to get cases moving forward in light of extended court closures and the inability to assemble jurors.  On August 11, 2020, a court in the Fourth Circuit for Duval County held a one day damages trial involving a plaintiff dancer and a bar owner.  Jurors were summonsed in the normal fashion, but given instructions for Zoom appearances.  Jury selection occurred all via the Zoom platform.  While admittedly not ideal for longer, more complicated…

Keeping Cases Moving With Remote Depositions in Nevada

Prior to recent world events, taking depositions by remote means was seen more as a luxury to avoid travel costs for relatively unimportant, but necessary, depositions.  It was also seen as an inferior way to take depositions.  However, in the current world environment, utilizing and applying remote deposition technology can actually be ordered by a court when the circumstances require, which may likely begin to occur more often. 

Is the Medical Malpractice Insurance Crisis Over? – Challenge to Florida’s Statutory Bar on Recovery of Non-Pecuniary Damages by Adult Children in Wrongful Death Actions

Fourteen years after the decision in Mizrahi v. North Miami Medical Center, Ltd. upheld Florida’s bar on recovery of non-pecuniary damages by a decedent’s adult children in wrongful death actions because of medical malpractice, the District Court of Appeal in Estate of McCall v. U.S. declared Florida’s caps on non-economic damages in medical malpractice actions unconstitutional.  The Court in McCall held that…

Orlando Bar Owner Asking Eleventh Circuit to Revive Duty to Defend

Insurance coverage disputes were probably the last thing on bar owners’ or patrons’ minds at RumFest 2017.  Patrons were bouncing a beach ball around the crowd, until the beach ball bounced toward one particular plaintiff, who pushed it away with his outstretched arms and suffered severe ligament and tendon injuries, so his complaint alleges.  When the patron sued the bar owner, the bar owner turned the matter over…

Winning Summary Judgments with Video Evidence in Florida

On October 15, 2019, the Florida 5th District Court of Appeals (“DCA”) certified a question for the state’s Supreme Court that it viewed as one of great public importance: Should the court grant summary judgment when the moving party’s video evidence completely refutes conflicting evidence presented by the non-moving party?  The court recognized that technological advancements are increasing the likelihood that insurance companies…

Dealing with No Howell in Nevada

How can insurance companies and defense lawyers deal with Nevada courts’ reluctance to follow California’s Howell doctrine, specifically with regard to the admissibility of medical liens and write-downs to third party insurance providers?  Formulate your investigation of medical expenses to highlight what the plaintiff actually has to pay for the medical services they received, or is legally liable to repay, and what the market value of the…

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