Linda B. Oliver Of Counsel

     

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Linda Oliver has extensive experience in complex civil litigation and class actions in federal and state court and in arbitration. The focus of her complex litigation experience includes insurance coverage and bad faith. Linda has handled a wide variety of first-party and third-party insurance disputes. She also has represented clients in disputes in the following substantive areas: financial services, elder abuse, securities, health care, mortgage servicing, enforcement of arbitration clauses, consumer class actions, violations of various federal statutes and state unfair and deceptive practices statutes, agency termination, construction defect, employment and employee benefits, including wage-and-hour class action defense. 

In addition, Linda has substantial experience as lead or primary counsel, setting strategy and developing facts and legal arguments that achieve successful results on motions, through settlement negotiations, and at trial and arbitration.

Representative Matters

Insurance & Employee Benefits
Defended insurers in complex litigation regarding substantial fire claims.

Represented insurers in coverage disputes, including coverage opinions, involving both first- and third-party claims, including a variety of claims related to water leaks, collapse, fire, nuisance, patent issues and title disputes.

Defended claims in FINRA arbitrations against life insurers selling universal life insurance policies.

Defended life insurers in numerous consumer class actions involving claims that the fixed annuities were unsuitable for seniors and that their true costs were not disclosed during the sales process, resulting in settlements on a class-wide basis significantly below clients’ total pre-trial exposure, and defense of those settlements on appeal. Also obtained a summary judgment for one insurer that assumed the business of an insolvent insurer.

Defended life insurer in disputes regarding agency termination through summary judgment and appeal. Also investigated claims of employment discrimination and sexual harassment at captive agency resulting in a settlement without litigation.

Defended life insurers in class actions involving claims that modal premium charges violate the terms of the insurance contract and state unfair and deceptive business practices statutes.

Defended life insurers in class actions involving claims that defendants violated California law and regulations.

Defended life insurers in disability and life insurance bad faith claims, including one trial to verdict after summary judgment on the extra-contractual claims.

Defended life insurers in cases involving employee benefit claims under ERISA, including trials to verdict and appeal.

Prosecuted cases for life insurers to rescind life insurance policies obtained with the intent to sell to third parties, resulting in settlements.

Defended health insurers in class and individual actions in court and in arbitration alleging claims for violations of state unfair and deceptive business practices statutes and regulatory violations, including post-claim underwriting and premium billing practices, physician contracting and coverage for experimental treatment.

Defended insurers in actions involving claims for long term disability benefits, including both ERISA and

Banking & Mortgage Servicing
Defended class actions and individual claims in court and in arbitration against banks, including many cases against reverse mortgage lenders alleging violation of unfair business practices statutes relating to shared appreciation loans.

Labor & Employment
Defended employers in wage-and-hour class actions.

Counseled employers investigating claims of sexual harassment.

Counseled employers regarding California law and regulations.

Other
Defended two class actions involving construction defect claims against a metal manufacturer and an engineering company resulting in settlements.

Successfully defended a telecommunications company in unfair business practices class action – alleging that it had rescinded arbitration provision in consumer contracts – by winning summary judgment and upheld on appeal.

Obtained dismissal of consumer class action against food manufacturer alleging that “all natural” claims on packaging violated state unfair and deceptive business practices statutes.

Pro Bono
Successfully represented two Yemeni women who affirmatively petitioned for asylum based on claims of forced marriage and fear of forced marriage.

Represented veterans in Veteran’s Administration appeals of disability ratings based on post-traumatic stress syndrome caused by service in Iraq and Afghanistan.

Represented tenants at settlement conferences in eviction proceedings.