For more information, please visit www.gibsondunn.com/lawyer/battaglia-david-a/.
- Georgetown University, BA
- District of Columbia
Recognized in The Best Lawyers in America for work in:
- Litigation - Securities
Representative Trials and Arbitrations
- J. H. Whitney Capital Partners v. Seller (2013): Co-lead trial counsel for one of the oldest private equity firms in the nation, J.H. Whitney, in a six-week AAA arbitration before the Honorable Carlos Moreno, retired California Supreme Court Justice and current U.S. Ambassador. Client was pleased with the representation. Opposing party and arbitration award is confidential under AAA rules.
- Schultz v. Douglas Steel Supply Co. (2013): Lead trial counsel for the plaintiff in a six-week court trial in Los Angeles County Superior Court involving claims for involuntary dissolution of a corporation, breach of fiduciary duty, conversion, and an accounting. Case favorably settled after closing argument.
- Santa Clara Valley Transportation Authority v. General Growth Properties, Inc. (2012 and 2014): Lead trial counsel in an eminent domain case in Santa Clara County Superior Court representing the second largest mall owner in the nation. The court permitted the right to take, but the case was settled favorably in 2014 on the eve of a jury trial on the issue of just compensation.
- Mother v. Father (2012): Lead trial counsel for a mother of three children in a domestic abuse action pro bono publico in Los Angeles County Superior Court. After a three day trial, the court found in favor of our client, granted a permanent protective order against the father, and awarded sole physical and legal custody of the children to the mother, subject to periodic visitation.
- Southern California Gas Company v. City of Alhambra (2011): Lead counsel on behalf of the public utility in federal court in Los Angeles in an action to set aside a municipal ordinance as violative of the Contracts Clause of the U.S. Constitution. Judgment was obtained for our client.
- Fiber Technology Corp. v. Parsons Infrastructure and Technology, Inc. (2009): Lead trial counsel for Parsons in a five-week jury trial in Los Angeles County Superior Court involving contract disputes over Iraq reconstruction efforts. Jury verdict obtained in favor of our client.
- ITT Educational Services, Inc. (2008): Lead counsel in six arbitrations before different former judges and experienced AAA arbitrators in Houston, Texas involving claims for fraud, negligence, breach of contract, deceptive trade practices, and education code violations. The arbitrations lasted between five weeks and two days. Client was pleased with the representation. Opposing parties and results are confidential under AAA rules.
- Caruso Affiliated Holdings, LLC v. General Growth Properties, Inc. (2007): Co-lead trial counsel for General Growth in a seven-week jury trial in Los Angeles County Superior Court involving claims for antitrust violations, tortious interference, and unfair competition arising from alleged contacts with potential tenants of a competing shopping mall. The antitrust and unfair competition claims against our client were dismissed at trial, and the remaining claim was settled after a jury verdict.
- Holiday Partnerships v. Shelter Management Corp. (2007): Lead counsel for Shelter Management in fraud, receivership, and partnership dissolution proceedings in Los Angeles County Superior Court involving twenty multi-family dwellings. Successfully opposed injunctive relief and the appointment of a receiver, and the matter thereafter was favorably resolved.
- Commonwealth of the Northern Mariana Islands v. Carlsmith Ball LLP (2003): Co-lead counsel for defendant in the U.S. District Court for the Commonwealth of the Northern Mariana Islands in Saipan and in Los Angeles County Superior Court. Obtained declaratory and injunctive relief on behalf of our client, and the Commonwealth subsequently dismissed its claims.
- Southern California Gas Company v. City of Santa Ana (2002): Lead counsel on behalf of the public utility in federal court in Los Angeles in an action to set aside a municipal ordinance as violative of the Contracts Clause of the U.S. Constitution. Judgment was obtained for our client.
- Sunclipse Inc. v. Dell (2000): Lead counsel for Sunclipse in a Los Angeles Superior Court proceeding seeking injunctive relief for misappropriation of trade secrets. Judgment was obtained for our client.
- Arakelian v. North’s Bakery, Inc. (1999): Lead counsel for defendant in an arbitration in a breach of contract and tortious interference action involving a buyout agreement. A decision was rendered for our client.
- Carter v. Loxley Public Company (1997): Co-lead counsel in a two-month jury trial in San Francisco County Superior Court for plaintiffs in a dispute alleging wrongful termination and breach of contract. Jury verdict was issued in favor of one plaintiff and against the other.
- Weber v. Fidelity Federal Bank (1996): Lead trial lawyer in Los Angeles County Superior Court for Fidelity Federal Bank involving claims by 40 plaintiffs that the bank miscalculated interest on adjustable rate mortgages. Decision for our client was obtained on all claims.
- MobilWorks v. L.A. Cellular Telephone Company (1996): Lead counsel for L.A. Cellular in an arbitration challenging its exclusive distribution agreement as unenforceable and an unreasonable restraint of trade. Decision was rendered for our client.
- Yamahata v. Tiffany & Company (1995): Co-lead trial counsel for Tiffany in a month long jury trial in Los Angeles County Superior Court involving wrongful termination claims and gray market activities. Decision was obtained for our client.
- Chaltiel v. Abbey Healthcare, Inc. (1994): Co-lead counsel for the plaintiff in a wrongful termination, breach of contract and fraud dispute. The matter was resolved favorably after a
two-month AAA arbitration.
- Strong v. Coutin (1993): Lead trial counsel in a bench trial in Los Angeles County Superior Court involving rights to easements and improvements, as well as the abatement of nuisances. Decision was obtained for our client.
- Adrabi v. Rozillio (1993): Lead trial counsel for defendant in a real estate fraud dispute in Los Angeles County Superior Court. The matter settled favorably during trial.
Representative Appellate Experience
- ITT Educational Services, Inc. v. Arce, 533 F.3d 342 (5th Cir. 2008). Lead counsel in a precedential decision in favor of our client ITT Tech holding that a confidentiality clause in an arbitration agreement is fully enforceable and prevents disclosure of evidence or the result in subsequent proceedings.
- California Farm Bureau Federation v. California State Water Resources Control Board, 146 Cal. App. 4th 1126 (2007) (rev. granted). Co-lead counsel in a groundbreaking decision in favor of our client that the implementation of a state statute imposing water rights “fees” on a broad class of California citizens violates Proposition 13’s bar against new state taxes.
- Southern California Gas Company v. City of Santa Ana, 336 F.3d 385 (9th Cir. 2003). Lead counsel in a decision with nationwide implications, where the court affirmed our client’s position that a municipal ordinance imposing new fees in addition to those paid under a franchise agreement violates the Contracts Clause of U.S. Constitution.
- Lockheed Martin Corp. v. Superior Court, 109 Cal. App. 4th 24 (2003) (rev. granted, rev. dismissed and superseded by statute). Co-lead counsel in a decision where the court held that news publicity was sufficient to commence the running of the statute of limitations in an “Erin Brockovich” toxic tort action.
- Adaptive Power Solutions v. Hughes Missile Systems Co., 141 F.3d 947 (9th Cir. 1998). Co-lead counsel in an oft-cited decision that affirms that injury to competition is required to demonstrate an antitrust violation.
- Engel v. CBS, Inc., 981 F.2d 1076 (9th Cir. 1992). Lead counsel in a decision for CBS, Inc. that applies conflict of law principles and mandates that the law of New York should govern a malicious prosecution dispute, resulting in our clients ultimately prevailing.
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