Michael E. Stoberski

​Michael Stoberski (Partner-Las Vegas, NV) and Tania Bonilla (Associate-Las Vegas, NV) obtained a defense verdict in the Eighth Judicial District Court, Clark County, Nevada, on behalf of Wilson Elser’s major banking client. The plaintiff, an online product seller, alleged the bank wrongfully interfered with its business by contacting an online vendor in an attempt to secure the bank’s collateral. The plaintiff, an affiliate of the bank’s borrowers, alleged that it properly purchased the rights to purchase and sell inventory from the bank’s borrowers.

Mike and Tania argued that the bank was authorized to contact any vendor holding the bank’s collateral to advise of the bank’s UCC rights, and that the bank was not negligent in seeking the return of monies from the sale of the bank’s collateral.

The plaintiff alleged that this enforcement of the bank’s UCC rights interfered with the plaintiff’s online business, caused the online vendor to freeze the plaintiff’s accounts, and eventually caused the demise of the plaintiff’s business. In support of its damages claim, the plaintiff retained a preeminent Nevada economist to opine that the bank's contact with the vendor and the subsequent freezing of the plaintiff's accounts resulted in millions of dollars in alleged damages. Plaintiff’s counsel asked the jury to award $27 million in damages.

After presentation of the evidence, Tania argued for judgment as a matter of law as to the plaintiff’s claims. She successfully convinced the court to dismiss the intentional interference claim, with the remaining negligence claim to be submitted to the jury.

After a weeklong trial, the jury deliberated for less than three hours before returning a unanimous defense verdict, finding that Wilson Elser's client acted appropriately and did not cause any damage to the plaintiff. Notably, Mike assumed responsibility for the case approximately 90 days prior to trial.

Michael Stoberski (Of Counsel-Las Vegas, NV) and Nicholas Adams (Associate-Las Vegas, NV), after the plaintiff rested in a bench trial in the District Court for Clark County, Nevada, were granted their NRCP 52(c) motion for judgment as a matter of law, and the court entered judgment for Wilson Elser’s attorney clients on the plaintiff’s sole legal malpractice claim. The court found that the plaintiff failed to prove essential elements of legal malpractice, including the standard of care, breach, and proximate cause. During the plaintiff’s case-in-chief, Mike and Nicholas introduced evidence showing that the challenged strategy rested on legal research, client communications, and the need to secure affirmative relief in light of the opposing party’s filings in the underlying action. The court agreed that these issues were nuanced and not suitable for resolution without expert testimony, and it found that the plaintiff offered no competent evidence that a different pleading approach would have produced a better outcome or that the defense’s conduct foreclosed any post-judgment remedies.

Michael Stoberski (Of Counsel-Las Vegas, NV) and Nicholas Adams (Associate-Las Vegas, NV) prevailed on a motion for summary judgment in District Court for Clark County, Nevada, against all claims brought against Wilson Elser’s clients over management of an apartment complex. Joseph Laird (Partner-White Plains, NY) collaborated in the defense of the case. The plaintiff alleged breach of contract and breach of the duty of good faith and fair dealing and sought declaratory relief concerning the rights and obligations under the property management agreement. Competing motions for summary judgment were filed arguing different interpretations of the property management agreement. Mike and Nicholas demonstrated, under the property management agreement, that our clients had no obligation to collect debt from past tenants and damages were precluded based on the breaches alleged. Before the scheduled oral argument, the district court issued its order agreeing entirely with the interpretation put forth by our clients. As a result, summary judgment was granted as to all claims and the hearing was vacated bringing this case to a successful resolution. 

Mike Stoberski (Of Counsel-Las Vegas, NV) and James Lovett (Associate-Las Vegas, NV) obtained dismissal of a third-party complaint on behalf of an insurance brokerage and agent. The plaintiff sued for alleged injuries at a hair salon. The salon filed a third-party complaint, attempting to shift its alleged liability to its insurance brokerage for not procuring a liability policy that would cover professional services. In dismissing the complaint, the court found the third-party defendants had nothing to do with the alleged injuries of the plaintiff and the salon cannot share the liability for those injuries with the insurance brokerage and agent. 

Sheri Thome (Partner-Las Vegas) and Michael Stoberski (Of Counsel-Las Vegas) secured a defense verdict in the Clark County District Court on behalf of a local attorney and law firm. The plaintiff, a client of the firm, brought a legal malpractice lawsuit alleging that the firm’s failure to advise her in an area outside of its scope of practice resulted in her exposure to criminal charges and various damages. Following the two-week jury trial, the jury returned a unanimous defense verdict after one hour of deliberation, quashing a demand at trial for $2 million.