HERSH AND HERSH WINS DEFENSE VERDICT IN FEDERAL COURT JURY TRIAL
Elizabeth Dickinson, dba HMG Farms v. Mario Stevens, Sportpferde, etal. The case arose out of the sale and purchase of an expensive show horse with allegations of fraudulent non-disclosure of a pre-exisitng condition, failure to disclose actual sales price, actual owner/seller and other information Buyer alleged was integral to the her decision to purchase the horse. Defendant seller was dismissed on jurisdictional grounds, German company and individuals who did not do business in the US, and independent contractor, Stephen Macken, horse finder, was kept in as he and his company sell horses in this country.
The case went to trial in federal district court, Central District, Los Angeles, before the Honorable Consuelo B. Marshall. Hersh & Hersh represented Stephen Macken. Plaintiff was represented by George Knopfler, Hamrick law firm of LA, and alleged and tried to prove five causes of action, including agency and breach of fiduciary duty, fraud by affirmative misrepresentation, negligent misrepresentation, and concealment. The case was tried over three weeks.
Witnesses included three experts and a number of precipient witnesses. The jury decided against plaintiff on all claims, making short shrift of her allegations and contentions. The defendant was represented by Nancy Hersh and Joe Boyle.
TERMITE INSPECTORS WIN LANDMARK WAGE AND HOUR CASE AGAINST TERMINIX INTERNATIONAL
San Francisco, November 2, 2011 -- In a landmark wage and hour case, a San Francisco federal jury handed down a verdict in favor of three termite inspectors against the national pest control company Terminix, part of Service Master Global Holdings, Inc. The jury found that Terminix violated California law by failing to pay the termite inspectors overtime while requiring them to regularly work over 8 hours a day, including nights and Saturdays, and for failing to provide meal and rest breaks to the inspectors. The termite inspectors are represented by Nancy Hersh of Hersh & Hersh and Lauren Hallinan.
The verdict will benefit all employees of Terminix and other big companies that profit by exploiting their employees to keep their labor costs low. "Wage and hour cases are rarely tried, but Terminix refused to settle the case because it would have meant a dramatic change in their business model. Losing the case will force such a change," said attorney Nancy Hersh.
“This is a great day for all termite inspectors who work for Terminix in California,” added one of three plaintiffs.
Hersh & Hersh also worked as co-counsel to represent more than 1,200 of the Terminix Company’s California-based trainee inspectors in a related wage and hour class action. The United States District Court Judge approved a $1.5 million settlement in that case last month. The firm continues to represent other Terminix employees in arbitration. These cases illustrate why workers should know their rights under California law to overtime pay and to meal and rest breaks.
Hersh & Hersh was founded in 1970 and is located in San Francisco, California. The firm’s trial lawyers represent clients locally and nationally, advocating on behalf of individuals and their families. The firm has achieved groundbreaking results in, among others, personal injury, products liability, medical device and drug litigation.
LIFETIME ACHIEVEMENT AWARD FOR HERSH & HERSH CO-FOUNDER, NANCY HERSH
San Francisco, April 19, 2010 -- Hersh & Hersh is pleased to announce that its co-founder, Nancy Hersh will receive the San Francisco Trial Lawyers’ Lifetime Achievement Award. This honor recognizes the breadth and depth of Ms. Hersh’s career as a personal injury trial lawyer.
“Nancy’s outstanding results in trials and settlements have truly been groundbreaking and courageous,” notes Mark Burton, a Hersh & Hersh partner. “These cases often involved issues of liability and causation that had never been tried and won before. Nancy’s tenacity, creativity and strength pitted our small law firm against the giants of the pharmaceutical, medical device and consumer product industry. Prevailing under those circumstances is a tribute to her skill and ability as a groundbreaking trial lawyer.”
Ms. Hersh and her father, LeRoy Hersh, essentially invented mass torts in the early 70s, representing hundreds of women who developed virulent cancers and other abnormalities resulting from the use of the drug DES. She not only prevailed, but in the process she redefined the standard applied to the statute of limitations in pharmaceutical product liability litigation.
Her landmark work on behalf of women includes cases against Dow Corning, the maker of silicone breast implants. Because of this work, silicone breast implants were taken off the market and thousands of women brought lawsuits and obtained compensation from the various manufacturers of breast implants.
Recently, she served as a principal architect in the $690 million dollar settlement of the mass tort action against drug manufacturer Eli Lilly and Company involving its antipsychotic medication Zyprexa.
“I am profoundly honored to receive recognition of my life's work from the San Francisco Trial Lawyers,” said Ms. Hersh. “My career continues to be dedicated to representing clients who would not otherwise have a voice and helping them through some of the most difficult times in their lives. Receiving this award from my peers gives even more meaning to my work as a trial lawyer.”
About Hersh & Hersh The law firm of Hersh & Hersh was founded in 1970 and is located in San Francisco, California. The firm’s trial lawyers represent clients locally and nationally advocating on behalf of individuals and their families, in small and large cases, class actions and multi district litigations. Hersh & Hersh has significant experience and groundbreaking results in among others, personal injury, products liability, medical device and drug litigations.
SAN FRANCISCO FERTILITY CLINIC DESTROYS EMBRYOS, CAUSES HEARTBREAK
San Francisco, September 14, 2009 – Hersh & Hersh announces that today it has filed a civil action in San Francisco County on behalf of Katherine Aschero (Katie) and Rob Aschero. The case involves the destruction of viable embryos without the Ascheros’ consent by a San Francisco fertility clinic. The embryo destruction is shocking in several respects and demonstrates the need for regulation of these clinics.
The complaint alleges that Laurel Fertility Care and its medical and clinical personnel harmed the plaintiffs by fertilizing many of Katie’s harvested eggs with a stranger’s sperm, rather than that of her husband Rob. The Aschero’s were informed of this after the fact, but Laurel Fertility Care and its personnel destroyed the resulting viable embryos without the Aschero’s consent and in violation of the contract entered into by the parties. The Ascheros have suffered greatly from this horrendous outcome of what had promised to be a potentially joyful event.
Shockingly, this is not the first time something like this has happened in the same laboratory on the same premises. Hersh & Hersh represented a woman whose eggs were fertilized with the wrong man's sperm in the same laboratory at the same location when another physician owned the practice. He lost his medical license after withholding the fact that he had fertilized her eggs with the wrong sperm, only to reveal the truth when the baby was two years old and after a Medical Board investigation. This resulted in a custody battle between the woman and the man whose sperm had been used.
The practice was sold and one of the defendants in the Aschero case set up shop in the same place and made the same mistake in the same lab. Only this time they told Katie and Rob of the mistake, but destroyed the healthy embryos produced without their permission and in violation of their contract and their wishes.
“The Asheros have suffered innumerable sorrows from defendants’ actions,” reflected Nancy Hersh, a founding partner of the firm. “They chose this particular clinic because of claims made by the clinic with regard to their care and success rate. Katie went through extraordinary physical and emotional trauma not only to provide the eggs, but hopefully to have a child as a result of the extensive and costly process involved. Instead, she has very little hope of having a child with her husband, or at all, due to the defendants’ actions.”
The complaint alleges negligence, breach of contract, fraud by concealment among other claims. Punitive damages and a jury trial are sought. For a copy of the complaint and more information on the case, please contact Nancy Hersh at 1-800-441-5545.
Hersh & Hersh Files Suit Against Disney for Infant Bassinet Death. Read More
Hersh & Hersh Attorney Charles Kelly Named Finalist for Top Consumer Lawyer Award Read More
Hersh & Hersh Files Class Action Suit on Behalf of All Parents Who Unwittingly Purchased Defective Simplicity and Graco Cribs. Read More
Death of Infant Suffocated by Defective Graco 3 in 1 Crib Prompts Largest Crib Recall in History: Charles Kelly of Hersh & Hersh Settles Wrongful Death Complaint Against Simplicity, Graco and Wal-Mart. Read More
Medtronic Stops Distribution of Faulty Defibrillation Leads; Company's Sprint Fidelis Leads May Have Contributed to Five Deaths. Read More
Hersh & Hersh Undertakes Litigation Concerning Avandia; Diabetes Drug Found to Significantly Increase the Incidence of Heart Attacks and Other Serious Diseases. Drug to Carry FDA's Most Serious "Black Box" Warning. Read More
Hersh & Hersh Recovers $2.9 Million From Caltrans on Behalf of Driver Seriously Injured in Cross-Median Collision. Read More
Hersh & Hersh Pursues Bayer AG's Trasylol; Heart Drug Seen to Cause Kidney Damage, Stroke, and Heart Attack. Read More
Hersh & Hersh Accepts Cases of Individuals Injured by Plavix; Blood Thinner is Linked to Strokes, Heart Attacks, Ulcers, Internal Bleeding, and Blood Disorders. Read More
Nancy Hersh Discusses How Product Liability Cases Protect Consumers From Manufacturers of Defective Products on "Heartbeat of America" award show View Media Clips
Hersh & Hersh Pursuing Contact Lens Solution Maker Bausch & Lomb for Defective Contact Lens Solution; Solution Causes Fungal Eye Infection and Temporary Blindness Read More
Hersh & Hersh Helps Negotiate Agreement in Principle to Settle Zyprexa Claims for $690 Million Read More
Case News Index
Guidant, St. Jude and Medronic Recall Cardiac Defibrillators and Pacemakers; Hersh & Hersh Wins First Motion to Remand Defibrillator Case to State Courts
Guidant recalled several defibrillator and pacemaker models, including the Ventak Prizm AVT, Prizm 2DR, the Contak Renewal and the Contak Renewal2. Read More
Doctor Infects Patients with Hepatitis C
Hersh & Hersh has filed two lawsuits on behalf of individuals who were infected with Hepatitis C while being treated at Gordon Medical Associates in Santa Rosa, CA. Read More
Marriott Fails to Pay Certain San Francisco Employees the Minimum Wage Required by the San Francisco Minimum Wage Ordinance
Hersh & Hersh is co-counsel in a case requiring Marriott to comply with the ordinance, which set a minimum hourly wage of $8.50 in 2004, $8.62 in 2005, and $8.82 in 2006. Read More
Hersh & Hersh Pursues Case Involving Malfunction of Surgical Stapler, the Ethicon ETS, Used in Stomach Surgery Read More
Hayward Jury Slams All Pro Wresting School: Awards In Excess of $1.3 Million to Parents of Young Man Who Died Because of Reckless Training Read More
Hersh & Hersh Representing Woman Thrown Off Horse at Party at Working Ranch; Novice Rider Left Substantially Disabled When Thrown From Highly Trained Working Horse Read More
Hersh & Hersh Investigates Abuses by Drug Company and Health Care Provider in Conduct of Clinical Drug Trial After Patient Becomes Permanently Disabled Read More
Hersh & Hersh Handles Consolidated Class Actions To Prevent Abuse of Consumers Read More
Hersh & Hersh Prosecutes Hospital and Doctor Regarding Birth Injury That Caused Cerebral Palsy Read More
Hersh & Hersh Prosecutes Cases on Behalf of People with Disabilities; Settles Suit Against National Hotel Chain La Quinta Inns Read More
Plaintiff Shops Hit on New Pharma Angle Read More
Nancy Hersh Discusses How Product Liability Cases Protect Consumers From Manufacturers of Defective Products. Listen to the Sky Radio Broadcast "America's Most Influential Women" (1 MB Windows Media Audio File) Read More
Hersh & Hersh Wins $1.8 Million Verdict Against Bionx Implants, Inc. on Behalf of Marin County Firefighter Read More
Hersh & Hersh Leads Nationwide Litigation Concerning Zyprexa Read More
Hersh & Hersh Settles Landmark Embryo Mix-up Case for One Million Dollars Read More
Ancure Manufacturer Pleads Guilty to Hiding Significant Product Problems from FDA; Guidant's Admission Bolsters Hersh & Hersh's Civil Suits Read More
Hersh & Hersh Prosecutes Hospital and Doctor Regarding Birth Injury That Caused Cerebral Palsy Read More
Hersh & Hersh Sues La Quinta Inns for Faulty Disability Access;
Guest Becomes Permanent Wheelchair User When Shower Seat Collapses Read More
Hersh & Hersh Secures Restitution for Imperial Premium Finance Customers, Winning Case Concerning Retention of Return Premiums. Read More