John Brooks' practice focuses on class action defense, insurance litigation, civil writs and appeals, and general business litigation. Mr. Brooks has represented class action defendants in a variety of fields, including insurance, credit card privacy, antitrust, annuity sales, and real estate. He has substantial trial experience, and has argued before the California Supreme Court and numerous times before the Court of Appeals for the Ninth Circuit and the California Court of Appeal. Recent Work / Representative Matters Premium Installment Fee Litigation - Successfully defended insurer in class action seeking restitution of over $200 million based on allegation that premium installment fees were illegally collected. See Interinsurance Exchange of the Automobile Club v. Superior Court (Williams), 148 Cal.App.4th 1218 (2007). Make-Whole Class Actions - Represented four insurers in obtaining writ relief rejecting class action plaintiffs' attack on insurer's contractual reimbursement rights. See 21st Century Ins. Co. v. Superior Court, 47 Cal.4th 511 (2009). FACTA Class Actions - Represented restaurant, service, and government clients in defeating class actions under the Fair and Accurate Credit Transactions Act. Credit Card Privacy Class Actions - Represented over half a dozen retailers in class actions alleging violation of California credit card privacy law. Anti-Steering Litigation - Represented insurer in defeating class action alleging violation of anti-steering statute. See Maystruk v. Infinity Ins. Co., 175 Cal.App.4th 881, 96 Cal.Rptr.3d 494 (2009). Alter Ego Liability - In bench trial, successfully defended technology company CEO against allegation that client was alter ego of corporation. Insurance Fraud - In jury trial, obtained defense verdict for insurer by proving that insured committed insurance fraud. Unfair Competition Law - In bench trial, successfully defended insurer against allegations that client's practices violated California's fair claim handling regulations. Additional published decisions Mr. Brooks has obtained include: · Wave House Belmont Park v. Travelers Property Casualty Insurance Co., 244 F.R.D. 608 (S.D. Cal. 2007) (jury trial waiver). · Department of Parks & Recreation v. Bazaar Del Mundo, Inc., 448 F.3d 1118 (9th Cir. 2006) (trademark). · Hemphill v. San Diego Association of Realtors, 225 F.R.D. 616 (S.D. Cal. 2005) (antitrust class action procedure). · Hamilton v. State Farm Ins. Co., 270 F.3d 778 (9th Cir. 2001) (bankruptcy and judicial estoppel). · Freeman v. San Diego Association of Realtors, 77 Cal.App.4th 171 (1999) (antitrust). Memberships Association of Business Trial Lawyers (Board of Governors 2004-2007, Editor-in-Chief of ABTL Report 2000-2004), San Diego County Bar Association. Recognition Chambers USA Ranking
2011: Band 4
2010: Band 3
2009: Band 4
Insurance, Insurer Firms, California. Martindale-Hubbell® AV Rating. San Diego Super Lawyers - Most Recent Listing: 2011 - Insurance Coverage. Partial Client List Alexander McQueen Trading, Ltd. Allstate Insurance Company Automobile Club of Southern California Benihana Inc. Coach, Inc. Gucci America, Inc. Infinity Insurance Company Interinsurance Exchange of the Automobile Club Mothers Work, Inc. Standard Life Insurance Company of Indiana State Farm Insurance Company Travelers Property Casualty Insurance Company Valentino U.S.A., Inc. Industries Insurance Publications / Presentations Select Linked Articles 10 | 07 | 2011 Legal e-Update
Human Trafficking and Your Supply Chain: New Disclosure Requirements for Companies Doing Business in California 02 | 23 | 2011 Legal e-Update
Credit Card Privacy Class Action Lawsuits Back With a Vengeance 08 | 12 | 2010 Legal e-Update
Don't Be Next: Bank Hit for $203 Million in Overdraft Suit 07 | 19 | 2010 Legal e-Update
Just When You Thought It Was Safe to Lend Again: Mortgage Late Fee Class Actions 06 | 29 | 2010 Legal e-Update
Overdraft Fees: Barbarians (and Regulations) at the Gate 10 | 03 | 2007 Legal e-Update
Installment Fee Class Action Risk Media Presence / Articles About Attorney / Attorney Contribution 10 | 27 | 2011 Recognition
Luce Forward to Receive Earl B. Gilliam Award for Promoting Diversity in the Legal Community 06 | 13 | 2011 Recognition
Luce Forward Earns Top Rankings in 2011 Edition of Chambers USA 06 | 05 | 2011 Recognition
Thirty Luce Forward Partners Named San Diego Super Lawyers 06 | 18 | 2010 Recognition
Luce Forward Earns Top Rankings in 2010 Edition of Chambers USA 08 | 26 | 2009 Case Study
Luce Forward Obtains Unanimous California Supreme Court Decision 06 | 07 | 2007 Recognition
34 Luce Forward Attorneys Named San Diego Super Lawyers All Authored Works Co-Author: "Human Trafficking & Supply Chain For California Businesses" - Transworld Business - October 13, 2011. Co-Author: "Human Trafficking and Your Supply Chain: New Disclosure Requirements for Companies Doing Business in California" - Luce Forward Legal e-Update - October 7, 2011. "Credit Card Privacy Class Action Lawsuits Back With a Vengeance" - Luce Forward Legal e-Update - February 23, 2011. Co-Author: "Don't Be Next: Bank Hit for $203 Million in Overdraft Suit" - Luce Forward Legal e-Update - August 12, 2010. Co-Author: "Just When You Thought It Was Safe to Lend Again: Mortgage Late Fee Class Actions" - Luce Forward Legal e-Update - July 19, 2010. Co-Author: "Overdraft Fees: Barbarians (and Regulations) at the Gate" - Luce Forward Legal e-Update - June 29, 2010. "Installment Fee Class Action Risk" - Luce Forward Legal e-Update - October 3, 2007. "Merchant Beware: A New Class Action May Be Stalking You If You Accept Credit Cards" - ABTL (San Diego) Report - Winter 2007. "Liar's Bane: Using Judicial Estoppel in Civil Litigation" - ABTL (San Diego) Report - May 2002. "Summary Judgment in Peril?" - ABTL (San Diego) Report - October 2001. Co-Author: "Point-Counterpoint: The Defense and Plaintiffs Bar Face Off on Kraus and Cortez" - ABTL (San Diego) Report - August 2000. Presentations "Class Actions" Emerging Threats From Other States" - 22nd Annual General Counsel Seminar - Las Vegas, NV - July 29, 2011. "Class Action Litigation: New Theories of Liability and How to Protect Against Them" - Luce Forward Insurance Litigation Seminar - Los Angeles - October 14, 2010. "Don't Be the Next Target: Recognizing and Avoiding Insurance Class Action Risks" - Luce Forward Insurance Litigation Seminar - Los Angeles - September 11, 2008. (Also at Los Angeles Office) |