Permanent Injunction Protects the Rights of California's Youth                       In connection with the settlement of a suit brought two years ago against the Corrections Standards Authority, the state agency responsible for being a watchdog over California’s juvenile halls, and led by Chavez & Gertler, San Francisco Superior Court issued a permanent injunction that will close down California county juvenile halls that fail to meet minimum state standards.  The suit alleged that the CSA failed for many years to address the illegal conditions that persisted in juvenile halls.  Mark A. Chavez said, “We initiated this lawsuit to rectify the deplorable conditions in California’s juvenile halls … the Court’s injunction … will force county juvenile halls to comply with the state’s minimum standards designed to protect juveniles, or face being shut down.”

Chavez & Gertler and Disability Rights Advocates Hit a Legal Hole-In-One for Disabled and Senior Golfers                                                                               In a disability civil rights case against Marriott International, Inc. with far reaching implications, the firm and its co-counsel, Disability Rights Advocates have achieved a significant victory for disabled and senior golfers.  Federal Judge Phyllis J. Hamilton in San Francisco ruled that Marriott violated the ADA, the California Disabled Persons Act and the Unruh Act by refusing to provide accessible golf carts as a reasonable accommodation “for plaintiffs’ with mobility impairments”.   Nance Becker, of Chavez & Gertler, commenting on the decision stated:  “We hope [the] decision will make Marriott Resorts more welcoming for their potential customers, and encourage other golf resorts to do the same.”

Chavez & Gertler Wins $2.6 Million for Injured Truck Driver
Chavez & Gertler partner Jon Gertler won nearly $3 million for a Teamster who suffered head and back injuries after a big rig driver fell asleep at the wheel and smashed into the cement truck he was driving. The Sacramento County jury deliberated for two days after more than three weeks of trial before rendering the award.  “This money will be enough to give the Madrid family back the security Tom had built through incredibly hard work in the years before this needless tragedy.”

Chavez & Gertler Achieves $105 Million Settlement in GMAC Class Actions
In coordinated class actions filed against GMAC, one of the largest finance companies in the world, Chavez & Gertler successfully represented a class of over 30,000 consumers challenging GMAC's collection of loan balances. Chavez & Gertler was appointed lead counsel for the class by the Santa Clara County Superior Court and assumed primary responsibility for handling of all the trial and appellate proceedings in the litigation. After eight years of protracted litigation and trial, the firm recently achieved a $105 million settlement for the class. GMAC Reposession Cases, Judicial Council Coordination Proceeding No. 4237 (Santa Clara County Supreme Court)

Chavez & Gertler Wins $8.98 Million Verdict In Train Crash Case Against Burlington Northern
Chavez & Gertler won a major trial victory against Burlington Northern, one of the largest railroads in the nation. The case arose from a collision at a dangerous railroad crossing between a train and a PG&E truck driver. The driver suffered traumatic brain damage and spinal fractures. The trial, which was handled by Chavez & Gertler partner Jon Gertler, lasted about nine weeks.

The jury found that the railroad, then called Burlington Northern Santa Fe, was negligent in causing the collision at an unmarked and unsafe railroad crossing, and rendered a total verdict of almost $9 million. The jury also found that the railroad acted despicably, and ordered it to pay $2 million in punishment or punitive damages for consciously disregarding the safety of the public.

At the end of the trial, a railroad executive agreed in open court to inspect all 10,000 or so of its private railroad crossings to make sure they are not unsafe and make them safe where necessary. Pietrowski v. BNSF RR Case No. C 02-00335 C 02-00335 (Contra Costa County Superior Court).

Chavez & Gertler Achieves $76 Million Settlement in Transouth Cases
Chavez & Gertler represented a class of over 19,000 consumers in actions challenging the efforts of a related group of finance companies to collect amounts purportedly owed by their automobile borrowers. The actions alleged that the borrowers did not owe the amounts that the finance companies were attempting to collect and that the collection efforts were unlawful. Chavez & Gertler served as lead counsel for the class in the litigation and ultimately negotiated a $76 million settlement for class members. Transouth Cases, Judicial Council Coordination Proceeding No. 4273 (Santa Clara County Superior Court).

Chavez & Gertler Wins $3.1 Million Verdict in Helicopter Crash Trial
Chavez & Gertler won a $3.1 million jury verdict for an injured electrical worker in a jury trial arising out of a helicopter crash. Chavez & Gertler partner Jon Gertler tried the case for a month in San Francisco Superior Court. The worker was working on a tower 100 feet above the ground when a helicopter that was used to transport the workers struck the tower, knocking him to a lower level. He suffered spinal injuries and was permanently disabled. Scott v. Trinity Helicopters, Inc. Case No: 02-408924 (San Francisco County Superior Court).

Chavez & Gertler Trial Victory Worth Over $12 Million for American Honda Borrowers
Chavez & Gertler won a court trial against American Honda Finance Corporation which resulted in benefits of well over $12.4 million for consumers whose repossessed vehicles were sold without proper legal notice.

The trial featured a head-to-head match-up of leading complex litigation firms for the plaintiff and defense. Chavez & Gertler founding partners Jon Gertler and Mark Chavez tried the case in San Francisco Superior Court against John Quinn, the founder and named partner in the 200+ lawyer firm of Quinn, Emanuel, Urquhart and Oliver in Los Angeles.

The case was brought under California's private attorney general and unfair business practice law on behalf of a large group of mostly low income borrowers. It alleged various violations of consumer laws protecting persons who pay for their cars through loans obtained through the car dealer. Chavez & Gertler won a complete victory at trial after the court found that American Honda had unlawfully attempted to collect more than $12 million from borrowers. The judgment entered by the Court required the return of the money already collected, with interest, and further ordered the company to stop collections and remove the remaining balances from consumer's accounts. Dippert v. American Honda Finance Corporation, et al., Case No. 302193 (San Francisco Superior Court).

Chavez & Gertler Recovers $5.5 in Litigation Against Silicon Graphics
Chavez & Gertler served as counsel for various categories of technical support employees at Silicon Graphics, Inc. ("SGI") in California who alleged that SGI illegally treated these employees as "exempt" under California labor law so it did not have to pay them overtime. The parties entered into a settlement resolving these claims that provided $5.5 million in restitution for the employees. Sweeney v. Silicon Graphics Inc. Case No. C-00-20731 (Santa Clara County Superior Court)