Ian A. Stewart: Lawyer with Wilson Elser Moskowitz Edelman & Dicker LLP

Ian A. Stewart

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Phone213.330.8830

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Experience & Credentials
 

Practice Areas

  • Architects & Engineers
  • Crisis Management
  • Data Privacy & Security
  • Hospitality
  • Insurance Agents & Brokers
  • Intellectual Property
  • Real Estate & Development
  • Miscellaneous Professions
  • Pharmaceuticals & Medical Devices
  • Product Liability
  • Real Property
  • Real Estate Professionals
  • Transportation
 
Contact InfoTelephone: 213.330.8830
Fax: 213.443.5101
http://www.wilsonelser.com/attorneys/ian_a_stewart
 
University Washington University in St. Louis, B.A., 1993 Order of Omega
 
Law SchoolSaint Louis University School of Law, J.D., 1996 Editor - Saint Louis Transatlantic Law Journal
 
Admitted1996, Illinois; California; 1996, U.S. District Court, Central, Northern and Southern Districts of California; U.S. District Court, Central and Northern Districts of Illinois
 
Memberships 

Memberships & Affiliations

Claims and Litigation Management Alliance (CLM), national chair
ADR Committee Los Angeles County Superior Court ADR Department, settlement officer

 
Biography

Ian Stewart handles complex litigation in state and federal courts, where he frequently defends catastrophic multi-party litigation. Ian’s practice includes product liability, professional liability and general liability matters, as well as data privacy and intellectual property litigation.

Ian is committed to client communication and cost-effective litigation management. He is a proponent of efficient claim resolution, including alternative dispute resolution (ADR). He has served as a pro bono mediator and previously served as national chair of the Claims and Litigation Management Alliance’s ADR Committee. Ian has developed courses on negotiation strategy and ADR bargaining tactics.

Areas of Focus

Product Liability
Ian has successfully defended a variety of product liability matters involving products manufactured in the United States and abroad. These include recreational vehicles, industrial machinery, drugs and medical devices, nutritional supplements, amusement park rides, sporting goods and consumer products. Ian regularly defends consumer class actions involving product liability and warranty issues. He currently serves as national chair of the Claims and Litigation Management Alliance’s Product Liability Committee.

Professional Liability
In the professional liability area, Ian focuses on the defense of architects/engineers and miscellaneous specialty risks. He performs contract reviews for design professionals and has been designated as the point of contact by two insurance companies for their contract review programs.

General Liability
Ian has defended numerous security and premises liability matters for hotels, commercial property owners, condominium associations and retailers. He has represented fleet owners, including motor carriers, armored trucks and taxi/limousine companies. He also handles general liability matters involving sports and school-related risks.

Cyber Liability
Ian is a member of the firm’s Data Privacy & Security practice. He has responded to a number of data breaches for companies including retailers, medical providers and professional firms. Ian has defended data privacy class-action litigation and matters involving invasion of privacy and statutory consumer claims.

Intellectual Property
Ian’s intellectual property practice includes litigation involving trademark and trade dress infringement claims, trade libel, unfair competition claims and Internet domain disputes.

Publications

California Appellate Court Limits Liability under California’s Medical Confidentiality Act for Disclosure of Medical Information

Limit on Liability in Disclosure of Medical Information

Septmber 22, 2014

The California Third Appellate District recently overturned a lower court’s denial of a motion to dismiss a class action lawsuit seeking $4 billion in damages under California’s Medical Confidentiality Act due to the alleged disclosure of medical records. The Appellate Court specifically held that the mere theft of medical records without any allegations that an unauthorized person viewed these records is insufficient to state a claim.

California Supreme Court Holds Design Professionals Owe a Duty of Care to Future Homeowners

Design Professionals’ Duty of Care to Future Homeowners

July 11, 2014

On July 3, 2014, the California Supreme Court held that, based on common law principles, an architect owes a “duty of care” to future homeowners in the design of a residential building. To what extent the design professional must assume a role of principal architect or become involved in the construction phase before a duty will run to the ultimate purchaser of the condominium remains an open question.

California Protects Minors from the Internet by Imposing Restrictions on Online Marketing or Advertising of Products Minors Cannot Legally Purchase

California Restricts Internet Advertising to Minors

December 6, 2013

Court Confirms the Limited Duty of an Insurance Broker to Procure Only Coverage Requested by the Insured

CA Court Confirms Insurance Broker’s Limited Duty under Policy

November 8, 2013

A recent California Court of Appeal case confirms the limited duty of an insurance broker only to use reasonable care, diligence and judgment in procuring the insurance requested by an insured. The court rejected arguments that the duty of an insurance broker to its client should be expanded for policy reasons.

California Appellate Court Expands Rights to Homeowners in Construction Defect Cases beyond Remedies Provided in the California Right to Repair Act

CA Expands Rights to Homeowners in Construction Defect Cases

September 19, 2013

The California Court of Appeals (Fourth District) has held that the Right to Repair Act does not provide the exclusive remedy to homeowners in cases where actual damage has occurred because of construction defects, thereby upholding a homeowner’s common law rights and remedies to seek actual damages despite noncompliance with the terms and conditions required for relief under the Act.

California Appellate Court Confirms Cap on Past Medical Expenses Applies to Medicare Payments and Should Be Imposed before Further Reductions for Contributory Negligence

Cap on Past Medical Expenses Applies to Medicare Payments

April 25, 2013

This decision limits recovery of past medical expenses to the amount paid for services, refuting the argument that a cap should not apply where payments have been made by Medicare or Medi-Cal. In short, a plaintiff may recover only what he has lost - and no more.

California Supreme Court Grants Review of Appellate Ruling in Beacon v. Skidmore

UPDATE: CA Supreme Court to Review Design Professionals Case

March 11, 2013

The California Court of Appeal held that design professionals owe a duty of care to condo homeowners for professional negligence. The California Supreme Court recently granted a petition to review, which renders the Court of Appeal opinion void and under California rules it may not be cited as authority.

Los Angeles Superior Court Faces Dire Budget Cuts

Budget Cuts to Significantly Impact Los Angeles Courts

March 4, 2013

Estimated at between $56 million and $85 million, budget cuts will impact the amount of time it takes to bring matters before the courts. . With as many as ten courthouses in Los Angeles County closing, congestion will slow the court’s entire caseload.

No Recovery for Emotional Distress If Claimant Had No Contemporaneous Awareness That Defective Product Was Cause of Injury

CA Limits Recovery for Emotional Distress in Bystander Cases

January 25, 2013

The California Court of Appeal affirmed a lower court decision that bystander liability is allowed only in cases where the plaintiff was able to observe the event and perceive that the defective product was the cause of pain or injury to their relative. While noting that the lines restricting bystander recovery are “arbitrary,” the Court of Appeal stated that, nevertheless, those lines are binding.

Truth, Lies and Consequences: Responding to Questions During Negotiation

Litigation Management

Winter 2013

Get in Their Head: Psychological Influence Tactics in Negotiation

Litigation Management

Winter 2012

CA Court of Appeal Holds Design Professionals Owe a Duty of Care to Condo Homeowners for Professional Negligence

Design Professionals’ Duty of Care

December 20, 2012

California’s First District Court of Appeal finds common law and statutory duties extend from design professionals to ultimate purchasers of residential construction. Despite the extensive analysis by the court, there remain open questions regarding the extent of the duty of care of design professionals to ultimate purchasers.

California Appellate Court Extends Completed and Accepted” Doctrine to Architects’ Field Operations

CA: “Completed & Accepted” Doctrine Covers Architects’ Field Ops

November 8, 2012

While a California Appellate Court extended the “completed and accepted” doctrine to architects’ field operations, it limits application of the doctrine to patent defects and activities in the field - the doctrine does not apply to claims of error in the development of plans and specifications.

California Legislature Limits Depositions in Civil Cases to Seven Hours

Depositions in Civil Cases

September 20, 2012

California’s governor has signed Assembly Bill 1875, which limits the length of depositions in civil cases. The new law will go into effect on January 1, 2013.

California Supreme Court Affirms Strong Policy in Favor of Arbitration, Affirming Mandatory Arbitration Clause in CC&Rs for Construction Defect Litigation

Mandatory Arbitration Clause

August 20, 2012

In Pinnacle Museum Tower Association v. Pinnacle Market Development, the California Supreme Court’s opinion demonstrates a strong public policy in favor of the mandatory arbitration of disputes. This case has clear implications regarding the enforceability of mandatory arbitration provisions in many other areas as well.

California Supreme Court Reaffirms Qualified Work Product Protection of Witness Statements

July 11, 2012 A recent California Supreme Court decision reaffirmed the need for clients to communicate with counsel early concerning the investigation conducted after an accident. The attorney can then direct the necessary investigation and analyze the manner in which witness information should be obtained to provide the necessary work product protection should the matter result in litigation.

California Court Holds Broker Has No Duty to Advise Additional OCIP Insured of Carrier’s Insolvency

March 5, 2012

In Pacific Rim Mechanical Contractors, Inc. v. Aon Risk Insurance Services West, Inc., a case of first impression, the court held that an insurance broker, after procuring a policy of insurance for a developer on a construction project, does not owe a duty to apprise a subcontractor that was later added as an insured under that policy of the insurance company’s subsequent insolvency, absent the assumption of a contractual duty to do so.

Chartis’s Legal Insights Publishes Two Articles by Wilson Elser Attorneys in the Winter 2012 Issue

January 10, 2012 Legal Insights has published two articles by California-based Wilson Elser attorneys in its winter 2012 issue.

Subcontractors’ Revolt Takes Hold in California: New Law Bans Indemnity for Active Negligence in Construction Contracts

October 2011

SB 474, recently signed into law by Governor Edmund G. Brown, Jr. bans so-called “Type I” indemnity agreements that require subcontractors to assume liability for general contractors’ negligence.

Rewriting the Rules: Additive Manufacturing Creates New Rules for Products Liability

Litigation Management

Summer 2011

Non-Traditional Attorney Advertising on the Internet

DRI: For the Defense

August 2010

Limits on California design professionals indemnity obligation in public contracts

July 2010

In the recent cases of Crawford v. Weather Shield Manufacturing, (2008) 44 Cal. 4th 541, and UDC-Universal Development Company LP v. CH2M Hill, (2010) 181 Cal.App.4th 10, California appellate courts have upheld a design professional contractual defense obligation, even in the absence of any finding of negligence by the design professional.

California’s Mandatory Green Building Standards

DRI: For the Defense

June 2010

First-in-the-nation statewide mandatory green building standards code; expected to generate future construction and design claims

March 2010 On January 12, 2010, Governor Arnold Schwarzenegger announced that the California Building Standards Commission unanimously adopted the first-in-the-nation mandatory Green Building Standards Code (CALGREEN). These mandatory building regulations will apply to all new construction in California including, but not limited to, all residential and commercial buildings. The CALGREEN Code will take effect on January 1, 2011, and will become the baseline for regulating green construction statewide.

The Impact of Green Building Initiatives on Construction Defect and Design Claims

California Litigation: The Journal of the Litigation Section, State Bar of California

Volume 21, Number 2, 2008

Additional Publications

Mediating with Integrity, DRI For the Defense (January 2010)
Conflict Awareness: Considerations Presented by Litigation Management Guidelines, DRI For the Defense (June 2009)
Are We Ready for Nanoethics? DRI Professionalism Perspectives, Vol. 1 No. 7 (Fall 2007)

News

Legal Insights Publishes Two Articles by Wilson Elser Partners

April 25, 2013

Los Angeles Team Wins Summary Judgment in Catastrophic Injury Case

November 29, 2011

Ian Stewart and Terri Smith to Speak at Council on Litigation Management Conference

February 14, 2011 Ian A. Stewart and Terri Smith will be participating in a roundtable discussion entitled Reducing Billing Write Downs: Drafting Informative Invoices.

Los Angeles team obtains defense verdict after five-day jury trial

August 13, 2010 Marc V. Allaria (Of Counsel-Los Angeles), Ian A. Stewart (Partner-Los Angeles) and Daniel H. Lee (Associate-Los Angeles) recently prevailed in a fraud and violation of labor code matter decided in Los Angeles Superior Court.

The Importance of Trust and Reputation: Mediating with Integrity

DRI: For the Defense

January 2010

Considerations Presented by Litigation Management Guidelines

DRI: For the Defense

June 2009

Events

Practical Explanations of New Laws and How They Impact Business

Speaking Engagements

December 9, 2014

The Wilson Elser & National Human Resources Association Employment Law Summit

Legalized Marijuana: Will the PL Insurance Industry Inhale?

Speaking Engagements

November 5-7, 2014

2014 PLUS Conference

CLAIMS MANAGEMENT - It Still Ain t Fun and Games!! Update on Emerging Sports & Recreation Risks

Speaking Engagements

April 10, 2014

Claims and Litigation Management Alliance (CLM) Annual Conference

Conjuring Success - The Psychology of Negotiation

Speaking Engagements

Wednesday, March 19

Claims & Litigation Management Alliance - Los Angeles Chapter

Mock Trial and Presentation on Surplus Line Broker Ethics

Speaking Engagements

March 12-13, 2013

Surplus Line Association of California

Protecting Privacy in the Corporate Environment: The View from 10,000 Feet

Seminars/Webinars

March 2011

CLM Annual Conference

Reducing Billing Write Downs: Drafting Informative Invoices

Seminars/Webinars

March 2011

CLM Annual Conference

Additional Events

Advanced Strategies for Success at Mediation, CLM Regional Training, Brea, CA (2011) California Green Building Standards Code, London, England (2010)
Construction Claims Legal Seminar, Construction Management Association of America, Long Beach, CA (2009)
Contracting for Green Design & Construction, Construction Management Association of America, Long Beach, CA (2009)
Defense of Construction Claims, Construction Safety Council Annual Conference, Chicago, IL (2007)
Panel Moderator, Product Safety and Liability Prevention Seminar, New Orleans, LA (2005)

 
ISLN916373489
 

Documents by this lawyer on Martindale.com

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California Appellate Court Limits Liability under California’s Medical Confidentiality Act for Disclosure of Medical Information
Jeremy L. Ross,Ian A. Stewart,Melissa K. Ventrone, October 2, 2014
In what should be considered a win for the defense, the California Third Appellate Court recently overturned the lower court’s denial of a motion to dismiss a class action lawsuit seeking $4 billion in damages under California’s Medical Confidentiality Act (the Act) due to the alleged...

California Supreme Court Holds Design Professionals Owe a Duty of Care to Future Homeowners
John R. Clifford,Edward P. Garson,Ian A. Stewart, July 18, 2014
The California Supreme Court in Beacon Residential Community Association v. Skidmore, Owings and Merrill LLP (July 3, 2014), held - based on common law principles - that an architect owes a “duty of care” to future homeowners in the design of a residential building. (July 3, 2014), held...
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Office Information

Ian A. Stewart

555 Flower Street, Suite 2900
Los AngelesCA 90071-2407




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Affiliations

   CLM