Patrick M. Kelly, Esq.

• Failure to pay policy benefits
• False Claims Act mass claim against mortgage company for violation of the false claims act and breach of fiduciary duty based upon alleged wrongful placement of numerous mortgage loans.
• Mass action by residents of a community for injuries allegedly caused by toxic fumes from a manufacturing facility and concurrent coverage action between multiple insurance liability layers and involved directors.
• Action by note holders against issuer corporation for fraud and insurance dispute regarding coverage for loss and defense expenses.
• Dispute between carrier and insured over whether defense costs in a significant commercial claim are covered.

• Multiple claims against directors of a publicly traded corporation for misrepresentations in public announcements and filings and coverage dispute with respect to same.
• Bad faith claim against insurer for failure to pay demand of claim with subsequent greater verdict.
• Demand by public entity that insurer afford coverage to a punitive additional insured for claims arising from the placement of electrical equipment.
• Bad faith claim against insurer for failure to allow insured selection of counsel.
• Numerous 1934 Act class actions involving alleged misrepresentations in the sale of securities.

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• Claim by female employee of a non profit corporation for alleged abusive physical contact on multiple occasions.
• Claim against a national health provider for termination of a cycling instructor.
• Claim by employee against not for profit corporation for alleged sexual harassment.
• Actions by two employees of a non profit corporation for harassment by company manager.
• Claim against national corporation for wage and hour violations in California.

• Action against restaurant corporation for wrongful termination long term employee cook.
• Action by terminated employee against furniture supplier for wrongful termination.
• Claim against transportation entity for wrongful termination of employees in retaliation for report of violations of law.
• Action by former manager against a not for profit educational institution for constructive termination.

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• Child severely burned by water dispenser purchased at national retailer.
• Motorcycle operator injured by ambulance which allegedly violated his right of way.
• Action against retail institution for failure to maintain premises causing serious slip and fall personal injuries.
• Action by municipal entity for damage to police vehicle and counter claim for property damage and personal injury.
• Action by injured pedestrian against building owner and municipality for injury occurring on sidewalk.

• Action by individual against contractor and municipality for falling into hole on public sidewalk.
• Action against manufacturer of Coker units used in the petroleum industry for defective design or installation of units causing injury to company employee.
• Claim against a municipality and contractor for failure to secure a job site adjacent to a public street.
• Automobile collision injury where plaintiff had numerous injuries including TBI and there was a going and coming issue.
• Action against ambulance company for negligence in caring for patient who was injured falling from van.
• Plaintiff slipped and fell in a shopping center causing serious injuries allegedly because the floor was not dried after cleaning.
• Numerous significant cases for ride share service involving automobile accidents in vehicles owned and operated by alleged independent contractors.

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• Injury caused when a Coker unit regurgitated causing injury to an employee.
• Action against supplier of hose appliance for failure of device and severe damage to multiple condominium units.
• Wrongful death claim by the survivors of a painter of military aircraft against the manufacturer of the primer used alleging it caused terminal cancer.
• Claim by wake boarder for injuries sustained when binding on wake board failed.
• Dispute between accountant and accountant’s professional liability insurer for attorneys’ fees incurred in the defense of a claim by an investor in a company partially owned by the accountant insured.

• Action against broker for failure not secure a fair price for a sale property.
• Action by attorney against client for fees with cross complaint against attorney for malpractice.
• Action against attorney for failure to assert exclusivity of workers compensation remedy in a serious personal injury matter.
• Action for wrongful termination of employee by officer of a private foundation for performance issue.
• Grievance by former NFL player against sports agent before NFLPA forum for failure to perfect contract rights with the team owner.

• Action against sports agent for failure to timely file injury grievance against the football club and advise client of time limits required to perfect filing.
• Action by former client against attorney for failure to advise significance of explicit termination clause from agreement for sale.
• Action against law firm for damages for recommending that plaintiff accept an inadequate offer made at settlement conference in a very complex case.
• Action against attorney by former aircraft fixed base operator for failure to give appropriate legal advice in connection with disputes with adjacent landowner.
• Malicious prosecution action against lawyer for bringing case involving death of a sports participant against racing promoter.

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• Federal Putative Class Action against numerous organizations involving claim by class representative parents of deceased children claiming chronic traumatic encephalopathy resulting from sporting activities.
• Claim by representatives of multiple parties injured by bacterial invasion in dental procedures.
• False Claims Act claim against mortgage company for violation of the false claims act and breach of fiduciary duty based upon alleged wrongful placement of numerous mortgage loans.
• Action against media provider by Trustee for failure to protect assets of the corporation for the benefit of creditors.
• National class action claims against a provider of home video security systems involving class allegations in multiple states.

• Claim by residents of a state community for failure to control fire danger in site of a major Southern California wild fire that destroyed numerous homes and areas of property.
• Action by beneficiaries and heirs of a series of significant trusts providing for wealth transfer from settlor to beneficiaries including children and grandchildren and dispute over jurisdiction and ownership of underlying corporation.
• Putative class action for alleged defective bathroom fixture essential to shower function.
• Action by government entity against medical care institution for improper submission of requests for reimbursement, violation of various consumer protection laws and wrongful termination of executive.
• Numerous claims against directors of publicly traded corporations in multiple litigations for violation of the 1933 and 1934 Acts.

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• Claim against medical billing and collection provider for failure to provide services and collect many millions of dollars in unpaid fees with cross complaint for indemnity.
• Action by Trustee of bankrupt estate against former Director and Executive Director of nonprofit corporation for breach of fiduciary duty and professional liability.
• Qui tam action against medial service provider for alleged improper insurance billing and wrongful termination of executive.
• Wage and hours claim by employee of residential facility for failure to honor state break requirements.
• Claim for breach of contract, breach of the implied covenant of good faith and fair dealing and promissory estoppel in the alleged agreement to provide retail services in stations of a significant light rail transport entity.

• Grievance by former NFL player against sports agent before NFLPA forum for failure to perfect rights with the team owner.
• Action by CFPB against commercial lender for failure to protect the rights of borrowers of payday loans.
• Claims by minority shareholder for failure to comply with Section 13 D of the Securities Exchange Act of 1934.
• Action by individual for unauthorized use of the individual’s likeness in commercial advertising.
• Action by lender against multiple entities including a national staffing corporation with cross complaints against multiple parties for failure to repay loan.
• Action by homeowners against community association for failure to provide documents and exclusion of residents from voting.
• Action by lender against directors and officers of failed nonprofit to require personal liability of directors.
• Action by former business associate against parent corporation and owner for breach of fiduciary duty and failure to perform lease obligations.
• Action by beneficiary of the family trust of a well-known political figure against trust attorney for failure to accurately value his interest in the trust and protect his interests.
• Unfair competition claim by employer against departed employee for breach of contract and unfair competition.
• Breach of privacy action in Federal court by former business associate against corporation for use of emails sent and received under the domain name of the corporation.
• Action by surviving heirs against funeral home for the loss of the remains of a family member.
• Lemon law claim against dealership for defective vehicle and loss of the car while in their possession.
• Action against founder of motivational corporation by investor for fraud and negligent misrepresentation.
• Oversight of all documents and negotiations involved in the sale of several ski resorts.

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• Action by survivors of a deceased skier for wrongful death of that winter sports participant against the owner and operator of the ski resort.
• Action by skier against a ski resort who fell after a jump and became a quadriplegic.
• Action against nationwide retailer for unsafe condition of facility and negligence of employee is causing injury t patron ultimately causing patron’s death.
• Action for fall of a 4-year-old child from a play structure at the defendant’s preschool facility.
• Action by skier for injuries sustained when he encountered a large variation in the snow and injured his back.

• Action by snow boarder for serious injuries sustained when he boarded off trail and hit severe under snow obstructions.
• Action by tenant against landlord for failure to return security deposit with consequential expansion to all existing tenants because of universal lease wording.
• Numerous ski and snow boarding injury cases involving implied assumption of the risk and release issues.
• Numerous silo and fall related injuries at ski resorts.

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