Raoul D. Kennedy handles civil litigation at both the trial and appellate level. He has been lead counsel in more than 50 jury trials, 25 non-jury trials and 50 appeals, involving a diverse range of subjects including: intellectual property, trade secrets and unfair competition; antitrust; breach of fiduciary duty; class actions; commercial litigation; consumer fraud; defamation; insurance; legal malpractice; mass torts; personal injury; products liability; real estate; RICO and wrongful discharge.
Mr. Kennedy is recognized among the top trial lawyers in California and the country inChambers USA: America’s Leading Lawyers for Business, as well as numerous other legal ranking publications. He has been listed in The Best Lawyers in America since 1987, which named Mr. Kennedy its “San Francisco Mass Tort Litigation/Class Actions — Defendants Lawyer of the Year” for 2013 and “San Francisco Insurance Lawyer of the Year” for 2014. In addition, he has been profiled as one of the “Top 100” most influential lawyers in California by the Daily Journal.
In 2005, he was selected as the Trial Lawyer of the Year by the State Bar of California and inducted into the State Bar Litigation Section’s Trial Lawyer Hall of Fame.
Mr. Kennedy has long been active in continuing legal education and has lectured at more than 250 programs on behalf of a variety of sponsoring organizations, including the California Judges Association, the Practising Law Institute, the American Bar Association, California Continuing Education of the Bar and the Rutter Group.
Representative cases he has handled include:
- Perez v. State Farm Mutual Auto. Ins. Co. (N.D. Cal.). Denial of class certification and summary judgment against named plaintiffs in an antitrust case alleging that auto insurers conspired to use inferior repair parts.
- Fresh Del Monte Produce Inc. v. Del Monte Foods Co., et al. (S.D.N.Y.). $13 million jury verdict and injunctive relief in a Lanham Act and breach of contract case between competing fresh fruit companies.
- SanDisk Corp. v. Kingston Technology Col Inc., et al. (W.D. Wis.). Verdict in favor of a flash memory chip maker in an antitrust action based on a patent licensing program.
- Nellis v. Farmers Insurance Company of Arizona (New Mexico App. Ct.). Reversal without remand of two summary judgments totaling $175 million against an insurance company for supposed nondisclosure of financing charges.
- Schachter v. Citigroup (Cal. Supreme Ct.). Forfeiture provision in a key employee stock purchase plan found not to violate the California Labor Code in a certified class action.
- Mattel v. MGA (C.D. Cal). Highly publicized trial over ownership of the Bratz line of dolls.
- Hill v. State Farm (166 Cal. App. 4th 1438 (Cal. Ct. of App). Summary judgment in a nationwide class action alleging that the insurer had $47 billion of unneeded surplus.
- Marketel v. Priceline.com (Fed. Cir.). Affirmance of summary judgment in favor of the defendants in a collection of patent inventorship action.
- Sunbelt v. AmRep (C.D. Cal.). Multimillion-dollar jury verdict in a patent case involving hydraulic arms.
- Fischel v. Advanced Cardiovascular (N.D. Cal.). Defense jury verdict in a patent and trade secret case involving atherectomy devices.