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Early Sullivan’s Coverage Determination At Heart of Old Republic’s Summary Judgment Victory

Early Sullivan client Old Republic National Title Insurance Company (“Old Republic”) retained the Firm to handle coverage on a complex mechanic’s lien dispute involving Old Republic’s insured Hall CA-NV, LLC (“Hall”) and the renovation of the famed Cal-Neva Lodge & Casino that sits on the border of California and Nevada — a property Frank Sinatra once co-owned in the 1960s.

Hall filed suit against Old Republic for breach of contract, breach of the duty to defend, breach of the duty of good faith and fair dealing, and violations of Chapter 541 of the Texas Insurance Code, claiming that coverage was improperly denied, for which Hall sought over $5,000,000 in damages.

At the center of the lawsuit were the coverage opinions prepared by Early Sullivan’s Scott Gizer. The coverage opinions concerned whether Hall had coverage under the insuring provisions of the title policy that insured the lien priority of Hall’s deed of trust, and under certain mechanic’s lien endorsements, as well as whether Hall’s claims were excluded from coverage under Exclusions 3(a), excluding matters created by the Insured, and 3(d), post-policy events. Scott opined that, because all of the work covered by the mechanic’s liens was post-policy work, and arose due to Hall’s internal decision to discontinue funding its construction loan months prior to notifying any of the contractors, there was no coverage for the claim and was excluded from coverage.

After both sides moved for summary judgment on the legal interpretation of the title insurance policy in-question, the U.S. District Court for the Northern District of Texas, found Scott’s and Old Republic’s coverage opinions to be correct, Ordering that Hall take nothing by its claims against Old Republic, and that those claims be dismissed with prejudice.

Click “Download PDF” to read the Final Order.

Six Early Sullivan Attorneys Named 2020 Southern California “Super Lawyers”

The firm is pleased to announce that several of its attorneys have been selected by Thomson Reuters as 2020 Southern California “Super Lawyers.” The “Super Lawyers” distinction is given annually to the nation’s most outstanding attorneys, based on peer recognition, professional achievement, and independent research. Only the top 5% of lawyers in each state are selected to receive this honor.

The following attorneys have been recognized as “Super Lawyers” for their expertise in these practice areas:

Eric Early – Business Litigation (2005-2020)

Scott Gizer – Business Litigation, Real Estate: Business, Employment Litigation: Defense (2005-2008, 2010-2016, 2020)

Diane Myint Luczon – Business Litigation (2020)

Stephen Ma – Business Litigation, Real Estate: Business, Entertainment & Sports (2014-2020)

Devin McRae – Entertainment & Sports, Intellectual Property Litigation, Business Litigation (2016-2020)

Bryan Sullivan – Entertainment & Sports, Business Litigation, Business/Corporate (2015-2020)

Bryan Sullivan’s Representation of Teresa Chris Literary Agency Covered in Deadline

Deadline recently noted Bryan Sullivan’s representation of the acclaimed Teresa Chris Literary Agency in Enderby Entertainment’s deal to acquire the worldwide rights to Julie Cohen’s novel “The Two Lives of Louis & Louise.” The story, which will be adapted into a feature, examines how societal expectations of gender can push people down certain paths.

To read the full article, click here.

Scott Gizer Quoted in Real Deal Article

Scott Gizer was recently quoted in Matthew Blake’s Real Deal article “Hadid mansion case has echoes of a Saudi sheikh.” In the article, Scott discusses an ongoing case in which a wealthy homeowner is fighting a judge’s demolition order over a half-built Bel Air mansion, which is considered to be a hazard and an eye-sore by his neighbors. According to Scott, local governments, including civil court judges, have “broad injunctive relief powers” that allow them to order that buildings be demolished.

To read the full article, click here.

Devin McRae Quoted in Variety and Los Angeles Times on Netflix Poaching Case

Devin McRae was recently quoted in Gene Maddaus’s Variety article “Netflix Ordered to Stop Poaching Fox Employees” and Wendy Lee’s Los Angeles Times article “Netflix’s Hollywood raids face new obstacles after court ruling.” In the articles, Devin discusses how the high-profile ruling in the Netflix/Fox poaching case sends a “very clear message” to the industry that fixed-term contracts are to be enforced, along with unilateral option rights.

“A lot of people have assumed that if I want to leave I can leave,” Devin explained to Variety. “The effect of the opinion will probably be to inhibit employee mobility.”

The Variety and Los Angeles Times articles can be found here and here respectively.

Coverage Issues To Consider in Wake of Child Victims Act – New York Law Journal

Bill Lalor’s article “Coverage Issues To Consider in Wake of Child Victims Act” was published November 12, 2019, in the New York Law Journal. The article provides information about the New York Child Victims Act (NYCVA), which has opened a year-long window for sex abuse victims to file claims that would otherwise have been outside the statute of limitations.

Click “Download PDF” to read the full article.

Bryan Sullivan’s Article Appears in Forbes

Bryan Sullivan’s article “Chanel West Coast’s ‘Sharon Stoned’ Is At Center Of Lawsuit From … Sharon Stone” was published in Forbes on November 6, 2019. In the article, Bryan discusses Sharon Stone’s lawsuit against rapper Chanel West Coast. Stone filed the lawsuit due to the repeated use of her name in the song “Sharon Stoned.”

To read the full article, click here.

Lawrence Wong Quoted in CBC Article

Lawrence Wong was recently quoted in the CBC article “Proposed class action lawsuit alleges B.C.’s housing speculation tax unfairly targets women and seniors.” The article details a lawsuit filed by homeowners asserting that British Columbia’s speculation tax is unfair. 
 
Lawrence, the attorney handling the lawsuit, states “This tax is a tax grab … a vehicle for [the B.C. government] to rake in more tax money. There is a huge element of propaganda … because the government calls it a speculation tax and unfortunately the people who are affected are seniors and homemakers and people who are married to foreign spouses.
 

Early Sullivan Named a 2020 “Best Law Firm” By U.S. News & World Report

Early Sullivan Wright Gizer & McRae has been named a 2020 “Best Law Firm” by the prestigious ranking guide U.S. News & World Report. The firm received national and metropolitan rankings in the practice areas of “Litigation – Intellectual Property” (National Tier 2), “Litigation – Real Estate” (Metropolitan Tier 3), “Entertainment Law – Music” (National Tier 2 and Metropolitan Tier 1), “Commercial Litigation” (Metropolitan Tier 1), “Entertainment Law – Motion Pictures & Television” (National Tier 3 and Metropolitan Tier 1), and “Commercial Transactions / UCC Law” (Metropolitan Tier 2).

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

Early Sullivan Named 2019 “Top Boutique” by Daily Journal

The firm is pleased to announce it has been named to the Los Angeles & San Francisco Daily Journal’s 2019 list of “Top Boutiques” of California’s leading boutique law firms. Each year, the prestigious list highlights only 20 firms in the state that focus on one specialty. Early Sullivan was recognized for its expertise in the specialty of Litigation.

To view the firm’s profile in the Journal’s special supplement, click here (subscription required).

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