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Garson, Cook and Torrance End Nearly Three-Year, $73 Million Cliffhanger: “The judgment is affirmed.”

May 3, 2022

Edward Garson (Partner-San Francisco, CA), William Cook (Partner-Detroit, MI) and Francis Torrance (Of Counsel-San Francisco, CA) brought to a satisfactory conclusion the hugely contentious case, TransMart, Inc. v. San Francisco Bay Area Rapid Transit System (BART). In the underlying case, defended by Ed Garson, Francis Torrence (Of Counsel-San Francisco, CA) and other members of the San Francisco team in 2019, TransMart entered into an option contract with BART, giving TransMart the opportunity to lease space in BART’s train stations for retail space. When the deal fell apart and BART rejected TransMart’s effort to exercise the option, TransMart sought $90,000,000+ in damages, and the jury unanimously ruled against the plaintiff’s breach of contract action and 9–3 against their breach of covenant of good faith claim. On April 28, 2022, Ed argued the appeal and Bill was the chief author of the appellate briefs. The Court of Appeal of the State of California, First Appellate District wasted no time in agreeing with Ed and Bill in all respects. Another great win for BART, a long-standing client of the firm.

 

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