Hon. Roger T. Benitez (Ret.)

• Manufacturer of industrial energy storage using lithium batteries contracted with 25,000-ton cargo ship to transport battery cubes from Vietnam to San Diego. Plaintiff alleged many of the cubes were damaged in a fire on board the vessel resulting in millions of dollars in damage. Vessel was ordered to be arrested in port and the case was set for trial. Parties settled on eve of trial.
• Civilian sheet metal worker injured by untagged electrical panel on Navy ship sought damages under admiralty law. Consent judgment entered in favor of plaintiff.

• An ADA violation plaintiff sued small commercial building owner for alleged parking lot space violations. Bench trial conducted.

• Motion to confirm arbitration award between NFL team and National Football League regarding collective bargaining agreement and state selection for workers comp claims.

• Multiple cases (including one four-day trial) alleging multiple unsuccessful car repairs violated California’s lemon law statute.

• Plaintiff alleged multiple patent lawsuits was really a form of illegal anticompetitive business conduct. Eleven-day jury trial. Affirmed on appeal.

• Multi-district class and district actions by students, teachers, parents, and school districts for alleged disclosure of personally-identifiable information (PII) and personal health information (PHI).

• DISH Network alleged violation by piracy of sports broadcasts.

• National class action alleging failure to pay overtime for brokerage firm employees settled and attorney fees awarded. Six plaintiff law firms disagreed over the attorney fee award. Reviewed and confirmed arbitration award dividing the fee award among the six plaintiff firms.
• Title VII sexual discrimination in employment allegations by a female law enforcement officer who alleged she was assigned an older squad car and desk duty, unlike male officers. Eleven-day jury trial. Appeal dismissed.
• Plaintiff alleged race discrimination against employer trucking company. Managed discovery disputes and conducted settlement discussions.
• Employee of national coffee chain alleged sexual orientation discrimination. Case settled.

• Plaintiff investors who purchased land from the former owners and operators of a firing range alleged unlawful lead soil contamination and demanded reimbursement for remediation costs under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), and § 7002 of the Resource Conservation and Recovery Act (RCRA).

• Federal government alleged two individual owners of a psychiatric hospital overcharged / defrauded Medicare by claiming reimbursement for fictitious costs over a period of three years. Six-day bench trial. Affirmed on appeal.

• Medical malpractice alleged against Naval Medical center physician for lumbar puncture procedure of a 3-year-old child brought under the Federal Tort Claims Act. Case settled and minor’s compromise approved.
• Medical malpractice alleged against Veterans Administration hospital for misdiagnosis of a brain bleed suffered by 59-year-old plaintiff brought under the Federal Tort Claims Act. Four-day bench trial.

• Seven-day jury trial found patent for parking garage space tracking and red/green light space indicators to be valid patent. Jury also found patent-holder engaged in unfair competition under the Lanham Act, but not in bad faith. Defendant patent-holder did not prove that plaintiff had infringed its patent. Affirmed in part on appeal.
• Plaintiff alleged its surfing machine patent was being infringed. Defendant alleged the patent was invalid. Seven-day trial. Jury found non-infringement. Based on advisory jury verdict, patent ruled invalid. No appeal.
• Summary judgment decided for plaintiff utility company seeking indemnity and alleging defendant sold voicemail system to plaintiff that infringed another company’s patent. Affirmed on appeal.
• U.S. manufacturer of RJ45 computer connectors alleged patent infringement by foreign manufacturer that sold allegedly infringing connectors to other foreign computer assembling companies. Performed claim construction. Granted summary judgment on question of whether U.S. Patent law applied to strictly foreign business activities with no business in the U.S. Affirmed on appeal.
• Patent dispute over retail shopping fad known as trolley bags. Plaintiff seller alleged that British competitor held an invalid U.S. patent due to “obviousness.” Summary judgment for the plaintiff. Affirmed on appeal.

• Plaintiff patent holder alleged that a large sports watch manufacturer infringed its patent for pacing a user’s exercise routines such as running, cycling, and swimming. Defendant’s product created a periodic signal for an identified tempo. Claim construction performed. Granted summary judgment of noninfringement. Affirmed on appeal.
• Patent holder alleged large drug company infringed with its treatment for chronic lymphocytic leukemia using anti-CD20 antibodies. Claim “anti-CD20 antibody” construed based on prosecution history disclaimer. Consent judgment for defendant. Affirmed on appeal.

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• Plaintiff was parent of 3-year-old injured when he was pulled under defendant manufacturer’s treadmill. Granted defendant’s motion to compel arbitration.
• Plaintiff contractor was knocked off of scaffolding while installing a 10 x 5 foot second story window. Plaintiff alleged product liability for failure to warn about window frame propensity for twisting of 300-pound window. Seven-day trial resulted in a hung jury. Parties settled after trial.
• Class action for product liability based on defective electric hair dryer. Class settlement for approved.

• Class Action settlement of antitrust allegations against five real estate listing services. Appeal dismissed.

• $97 million class action settlement of 34 companion cases alleging defendant corporation officers committed fraud in violation of § 10(b) and Rule 10(b)(5) in public company reports resulting in large shareholder losses. Affirmed on appeal.
• $189 million class action settlement of alleged securities act violations against company moving its assets and operations to China. No appeal.
• Nine-day jury trial awarded $1 damages for plaintiff shareholders seeking millions against corporation officers/directors for securities violations. No appeal.
• Securities and Exchange Commission brought civil enforcement action alleging securities fraud and scienter in public company reports against corporate officers of a large computer manufacturer in violation of § 10(b) and Rule 10(b)(5). Thirteen-day jury trial found defendants materially misrepresented $47.2 million in revenues on units that had yet to be delivered to customers, which was improper under GAAP. Affirmed in part, reversed in part. Agreed consent judgments entered on remand.

• Local beermaker alleged product trademark infringed by national brewing company. Fifteen-day jury trial awarded over $50 million to plaintiff. Affirmed on appeal.
• Plaintiff held trademark for garden broom product. Alleged defendant used trademark on its own products. Six-day jury trial found for plaintiff and awarded damages. Affirmed on appeal.

• Plaintiff shareholders alleged defendant corporation transferred autonomous truck driving technology to Chinese corporation.

• Nine-day jury trial awarded millions to the wife of jail detainee who expired in a cell because jail nursing staff was found to have intentionally disregarded his serious medical condition. Judgment reduced by jury for detainee’s failing to mitigate his own risk. Affirmed on appeal.
• Four-day jury trial found in favor of the defendant county jail. Plaintiff’s estate alleged jail staff was negligent resulting in a jail detainee’s death in his cell. Jury disagreed. Appeal voluntarily dismissed.