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Successful Case Results From A Seasoned Law Firm

Reported decision in Michel v. Bare, 230 F. Supp. 2d 1147 (2002). (First Amendment commercial speech rights case)

Successfully represented a private attorney who sought to enjoin the enforcement of Nevada Supreme Court Rule 199 which purported to prohibit a lawyer’s right to use a trade name. The United States District Court for the District of Nevada found Rule 199 an unconstitutional violation of the lawyer’s First Amendment commercial speech rights and permanently enjoined its enforcement. This is the first reported commercial speech case in which a court has declared unconstitutional a ban on the use of artificial trade names by attorneys. Mr. Carbajal was instrumental in drafting the Complaint and injunctive relief papers. More importantly, a section of the brief for which he was solely responsible was recited almost verbatim by the court in its reported decision.

Reported decision in Frias Holding Company, et al. v. Greenberg Traurig, LLP, Nevada Federal Case No. 2:11-CV-00160-GMN-VCF, Nevada Sup. Ct. Case No. 61820, 130 Nev. Adv. Op. 67, 331 P.3d 901. (Certified Question from the Federal District Court to the Nevada Supreme Court concerning the application of the litigation privilege)

Mr. Carbajal was responsible for briefing the certified question to the Nevada Supreme Court. The Nevada Supreme Court ruled 7-0 in favor of the Firm’s clients in finding that an exception to the litigation privilege exists for legal malpractice claims.

Reported decision in Peake Development, Inc. v. R.B. Properties, Inc.; Eighth Jud. Dist. Ct. Case No. A519110, Nevada Supreme Court Case No. 60775. (Commercial Property dispute over an appurtenant easement)

Mr. Carbajal briefed the appeal to the Nevada Supreme Court. The Nevada Supreme Court reversed the District Court and ruled in favor of client Peake Development affirming (3-0) the existence of an appurtenant easement which affected 150 acres of commercial and residential land for development.

Garcia v. Top Rank, Inc., Nevada Federal Case No. 2:14-cv-01456-RFB-PAL (declaratory relief case against defendant boxing promoter Top Rank, Inc.’s management and control of the boxing career of former World Boxing Organization’s Super Featherweight Champion Miguel “Mikey” Garcia, and concerning Top Rank’s violation of the Muhammad Ali Boxing Reform Act, 15 U.S.C. §6301 et seq., a federal statute enacted for the express purpose of protecting professional boxers like Garcia from the exploitive practice of boxing promoters)

Mr. Carbajal was a member of the trial team that obtained a satisfactory resolution for plaintiff/boxer Garcia’s action against Top Rank.

Vision Bank TV, LLC v. Alanis Morissette, Eighth Jud. Dist. Ct. Case No. A-09-595358-C (breach of contract and misrepresentation case)

Mr. Carbajal was a member of the trial team that obtained a satisfactory resolution for defendant Alanis Morissette. During the four-year pendency of the action Ms. Morissette was never required to file an answer after moving to dismiss the action for lack of personal jurisdiction within the first five months of the case.

Correre Casa II, LLC v. Wireless Venture Partners, Inc. et al., Eighth Jud. Dist. Ct. Case No. A-06-523208-C (commercial lease breach of contract case)

Mr. Carbajal successfully obtained summary judgment in the amount of $1,696,283.76 for the plaintiff.

Siegel Automotive Center LLC vs. Claudia Flores-Uribe, Eighth Jud. Dist. Ct. Case No. A-13-688858-C (breach of contract case)

Mr. Carbajal was lead counsel and successfully obtained summary judgment for plaintiff Siegel Automotive Center.

Westfield Eye Center vs. Nevada Eye P A LLP, Eighth Jud. Dist. Ct. Case No. A-14-700731-B (wrongful expulsion of a partner from a physician practice, wrongful termination of a provider from a provider participation agreement, business tort and temporary restraining order and preliminary injunction case)

Mr. Carbajal was lead counsel for defendants Manthei Ophthalmology Center, Limited and Rudy R. Manthei, D.O. who obtained a satisfactory resolution of the action.

Weiner v. Cram, et al., Nevada Federal Case No. 2:98-cv-01681-LDG-RJJ (§1983 Civil Rights Case)

Mr. Carbajal obtained a § 1988 attorneys’ fee award of $100,000 after winning summary judgment against a § 1983 plaintiff in federal court. The plaintiff, a former Clark County School District principal, sued Mr. Carbajal’s client, an Assistant Superintendent for the Clark County School District, for violations of his civil rights. The plaintiff filed his lawsuit after the decision to terminate him was upheld by a neutral arbitrator under his collective bargaining agreement. Given the plaintiff’s own admissions and the complete absence of evidence supporting his claims, the court granted Mr. Carbajal’s Motion for Summary Judgment on the eve of trial.

Miller, et al. v. Columbia HCA Healthcare Corp., et al., Eighth Jud. Dist. Ct. Case No. A-98-386014 (Breach of Contract Class action and Civil Conversion Case)

Mr. Carbajal defended HCA, Inc. and an affiliated national seniors organization in a suit for breach of contract in a purported class action. Mr. Carbajal obtained summary judgment on behalf of the defendants. Mr. Carbajal also successfully defended the appeal of that matter to the Supreme Court of Nevada. In Case No.33399, the Supreme Court of Nevada affirmed the District Court’s grant of summary judgment.

Cade, et al. v. Humana Health Ins. of Nev., Inc. et al, Nevada Federal Case No. 2:89-cv-00249-GMN-GWF (Antitrust and RICO class-action)

Mr. Carbajal was a member of the trial team that defended Humana Inc. and Humana Heath Insurance of Nevada in an Antitrust and RICO class action. A satisfactory resolution on behalf of the clients was obtained just prior to trial.

I recently defended Humana Healthcare Corporation in an action in federal court concerning breach of a contract for the provision of nursing services to Humana’s insureds. I successfully negotiated the settlement of the case on the eve of trial. Because of my work on these matters, Humana’s in-house counsel now call me directly concerning matters they need to be handled in Nevada.

Grand Resorts, Inc. et al v. Oak Tree Racing Assoc., et al, Nevada Federal Case No. 2:97-cv-00842-KJD-PAL (Breach of Contract, Intentional Misrepresentation and Negligent Misrepresentation Case)

Mr. Carbajal successfully prosecuted 34 Nevada Casino Race Books’ claims against a Race Track in California for breach of contract and misrepresentation. A satisfactory resolution on behalf of the Race and Sports books was obtained just prior to trial.

Turner v. Bayer AG, Bayer Corp. et al., Eighth Jud. Dist. Ct. Case No. A-02-450561-C (Products Liability and Mass Tort Case).

For several years, Mr. Carbajal served as the principal attorney responsible for over 93 Baycol products liability cases. Carbajal was served on the defense team for SmithKline Beecham Corporation d/b/a GlaxoSmithKline (“GSK”) in defense of these cases in Nevada State and Federal Courts. The Baycol cases represented some of the most high-profile mass tort litigation in the United States at the time. Mr. Carbajal was the principal attorney on these cases, and he was responsible for every aspect of the litigation in defense of this mass pharmaceutical litigation and ultimately obtained a satisfactory resolution to all of the matters.

Panix Promotions Ltd. et al v. Ruiz et al., Eighth Jud. Dist. Ct. Case No. A-00-422631-C (Interference With Contract, Interference with Prospective Economic Advantage, and Unjust Enrichment Case)

Mr. Carbajal second chaired the defense of defendants Don King and Don King Productions, Inc. at trial in a lawsuit concerning a dispute over the promotion of former Heavy Weight Champion of the World, John Ruiz.

Sharon v. Schwartz, Eighth Jud. Dist. Ct., Case No. A-97-376280-C (Title to Property and Specific Performance Case)

Mr. Carbajal obtained default judgment for discovery abuses in defense of a completely baseless action. Through Mr. Carbajal’s efforts, a substantial victory for the client was effectuated when the court entered an order dismissing with prejudice the plaintiff’s complaint; entering default against the plaintiff on his client’s counterclaims; and ordering the plaintiff to pay his client’s reasonable expenses, including attorneys’ fees. Ultimately, the court entered judgment against the plaintiff and in favor of Mr. Carbajal’s client in the amount of $515,673.87, plus attorneys’ fees and costs in the amount of $35,344.70, for a total judgment of $551,018.57.