Claimants v. Cryogenic Device Maker (S.F. Sup. Ct.) Following the tragic loss of eggs and embryos belonging to more than 400 couples and individuals, our team headed by Doris Cheng and Mike Kelly filed negligence and product liability cases against a fertility service provider and a cryogenic storage device maker on behalf of more than…
In Patient v. Internist (Nor. Cal Sup. Ct.) Richard Schoenberger and Joseph Nicholson reached a multimillion dollar confidential settlement arising from a delayed diagnosis of cancer. The plaintiff initially presented with complaints of knee pain. An ultrasound revealed a mass which was also visualized on MRI. Although the reviewing radiologist opined that the mass was…
In Patient v. Stroke Center (Nor. Cal. Sup. Ct.) Doris Cheng and Christian Jagusch successfully prosecuted an action against a stroke center for failing to diagnose an evolving stroke in a vibrant and brilliant 48-year-old young woman. Before the stroke, plaintiff had a keen mind for math and game theory. She was taken by ambulance…
In Patient v. Anonymous Medical Provider (Orange Co. Arb.) Doris Cheng and Jeffrey Clause negotiated a $2,000,000 settlement on behalf of the family of a 30-year-old patient who died of chemotherapy-induced lung toxicity. The decedent was diagnosed with Stage 2a testicular cancer – a stage that should have a greater than 90% cure rate. The…
On February 7, 2017, heavy rains caused a mudslide that closed northbound lanes of Highway 17 on the Santa Cruz side of the summit. The California Department of Transportation (Caltrans) hired Granite Rock Construction Company as the general contractor to clean up the slide. Granite Rock then hired Hildebrand & Sons Trucking as a subcontractor…
In Pacific Fertility Cases (2022) 85 Cal. App.5th 887, the First District Court of Appeal rejected a product manufacturer’s motion to compel arbitration on grounds that the manufacturer was not a signatory to plaintiffs’ arbitration agreement with their medical providers. The appeal arose from the 2018 fertility center tragedy where some 400 individuals and couples…
Pictured here is partner Rich Schoenberger on the occasion of being honored by the San Francisco Chapter of ABOTA with its Don Bailey award. The award was instituted in 2000 following the death of chapter stalwart Don E. Bailey to acknowledge an individual chapter member who models civility and humanity in their work. Bailey successfully…
Under the leadership of partners Rich Schoenberger and Spencer Pahlke, the firm has initiated a program to empower and enable lawyers of limited experience and financial resources to try cases that otherwise might not be cost-effective or feasible. We have developed this collaborative approach with solo practitioners and smaller firms to fight back against the…
In May, Walkup was honored to sponsor the first-ever national meeting of the country’s emerging Plaintiff’s Law Associations, or PLAs, representing students at nationally recognized law schools who are interested in plaintiffs’-side work. PLAs at various law schools have begun hosting events, featuring distinguished plaintiffs’ attorneys to share insights about their practice and the societal…
The Paraquat litigation continues to move toward trial dates in both the national MDL venued in Southern Illinois (where Khaldoun Baghdadi is a co-lead) and the California JCCP venued in Contra Costa (where Mike Kelly is a co-lead). Trial dates have now been set in both jurisdictions. Judge Rosenstengel in the MDL has selected a…
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