Patrick J. Kearns

Reported Decisions

Obtained a defense verdict following a jury trial in Federal Court in the Central District of Los Angeles. The case stemmed from a 2014 crash of a Sikorsky MH-60 Special Operations Helicopter flown by the United States Army’s 160th SOAR Division on base at Fort Hunter, Georgia.

Riggs v Airbus Helicopters, Inc., 939 F.3d 981 (9th Cir. 2019).

Contreras v. Dowling, et al. (2016) 4 Cal. App. 5th 774.

Sukumar v. Nautilus, et al. 785 F. 3d 1396 (Fed. Cir. 2015.) 

Obtained summary judgment on behalf of an endodontist in a malpractice case in the San Diego Superior Court. A month prior to trial, the court determined the plaintiff could not meet her burden as a matter of law and granted summary judgment.

Obtained a defense verdict following a three-and-a-half-week jury trial in a multimillion-dollar product liability action. The case was a multi-defendant action brought by the plaintiff who was severely injured when thrown from the seat of a tractor and subsequently run over. Wilson Elser’s client manufactured the seat on the tractor, which was equipped with a safety mechanism that was alleged to have failed, therefore failing to stop the tractor once the operator was lifted off the seat. Plaintiff alleged both a manufacturing and design defect under product liability principles. All parties had settled prior to trial with the exception of Wilson Elser’s client. At the conclusion of the lengthy trial, the plaintiff’s counsel asked the jury for approximately $40 million in damages. The jury returned a defense verdict on all counts.

Obtained defense verdict at trial in a breach of contract action where the plaintiff brought an action against two Wilson Elser clients in connection with the sale of a large number of exercise machines. The plaintiff included causes of action for breach of contract, intent to induce breach of contract and intentional interference with contract. Ultimately, the case included two jury verdicts in favor of the defense as well as two separate appeals.

Obtained summary judgment in a federal “false patent marking” lawsuit on behalf of a major manufacturer of exercise and fitness equipment. After more than three years of litigation in the U.S. District Court for the Western District of Virginia, the court granted summary judgment in favor of Wilson Elser’s client in one of the first cases to directly address the “competitive injury” requirement of the 2011 “American Invents Act.” The case was one of several lawsuits brought against the client by a stroke rehabilitation corporation over the past 13 years.

Obtained summary judgment for a law firm and related attorneys in a legal malpractice case based on the defendants’ alleged negligent representation of the plaintiffs in an underlying medical malpractice matter. The complaint alleged that the defendants negligently prosecuted the underlying medical malpractice arbitration, resulting in the loss of the ability to recover damages. The complaint also alleged ordinary negligence, breach of fiduciary duty, fraud and intentional/negligent infliction of emotional distress.

Obtained Judgment as a Matter of Law following jury trial in a federal court warranty action. The plaintiff brought a breach of warranty action under California law that was removed to federal court. Wilson Elser’s client contended that the plaintiff had failed to provide adequate notice of the breach of warranty before suit. After the plaintiff rested at trial, the defense moved for Judgment as a Matter of Law. The court decided to allow the defense to present their case, after which the motion was renewed. The court granted the Judgment as a matter of law finding that no evidence was offered that could reasonably allow a jury to rule for the plaintiff.

Successfully defended major corporations on appeal in breach of contract and breach of warranty matters before the California Courts of Appeal and the U.S. Court of Appeals for the Ninth Circuit.