Insurance Real Estate
Resume:
DONALD T. RAMSEY
San Francisco, California 94127
***@************.***
EXPERIENCE
LAW OFFICES OF DONALD T. RAMSEY S an Francisco, CA
Principal, May 2006 - present.
Trial court and appellate court motion practice and brief writing. Extensive
experience in insurance cases, commercial disputes, tort law, environmental
contamination claims, employment and public employee labor law.
Northern California Super Lawyer in appellate practice 2004, 2005, 2006, 2008,
2009 and 2011.
H OLLAND & KNIGHT LLP San Francisco, CA
Equity Partner and Partner, 2000 - April 2006.
Appellate and trial court work in various contexts including insurance coverage
litigation, trademark, trade secret litigation, software licensing litigation,
commercial contract actions and real estate development disputes.
CARROLL, BURDICK & McDONOUGH LLP San Francisco, CA
Equity Partner, Associate, 1979 - 2000.
Head of firm s Appellate Practice Group, 1986 - 2000.
Extensive appellate and trial court experience in insurance coverage cases,
products liability, class actions and toxic torts.
EDUCATION
Boalt Hall School of Law, University of California, Berkeley, J.D. 1979
University of California, Berkeley, M.A., Political Theory, 1975
Regents Fellowship
University of Southern California, B.A., Political Science, 1974
Magna cum laude, Phi Beta Kappa
RECENT REPRESENTATIVE CASES/CLIENTS
Drafted motions for summary adjudication for defendant Bay Area Rapid Transit
police officers in federal civil rights actions arising from January 1, 2009
altercation and fatal shooting at Oakland Fruitvale BART station, Wanda Johnson
v. BART, (case no. CV 09-00901 MHP, 2011).
Donald T. Ramsey
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Represented commercial real estate developer in loan dispute with bank in action
for violation of Equal Credit Opportunity Act, fraud and cross claim for
foreclosure. (2010-2011)
Represented minority shareholder/investor in dispute with majority owner over
preferred stock rights in TRO and preliminary injunction proceedings. (2011)
Represented investor on summary judgment against claims of disgorgement under
a PACA Trust pursuant to the Perishable Agricultural Commodities Act. (2011)
Represented public employees and public employee unions before administrative
agency and Court of Appeal in claim for retroactive pension benefits. (2009-
2010)
Represented tire manufacturer against twenty-four plaintiffs in toxic tort, fear of
cancer and environmental injury suit in federal district court on collateral
estoppel, Lone Pine and Rule 12(b)(6) motions. (2007-2010)
Represented financial advisor on summary judgment motions asserting advisor s
privilege against claims of tortuous interference with contract. (2007-2008)
Represented software maker and licensor against licensees who contended that
license contract guaranteed them continual upgrades to older DOS based
programs such that license could not be terminated at will. (2005)
Represented children s arts and crafts catalog merchandiser in trade dress,
copyright infringement and trade secret misappropriation action that resulted
when terminated manager began producing competing catalog for rival company.
(2005)
Represented police officer associations in summary judgment donning and
doffing motions under the FLSA. (2007)
Represented insurance carrier against claims of no aggregate, non-products
coverage for asbestos insulation installer in pre-packaged 524(g) asbestos
bankruptcy-insurance coverage action. (2004-2005)
Represented UK insurance carrier in California and New York litigation arising
from contingent loss of revenue policies covering losses sustained on
independent films. (2001-2005)
GENERAL CIVIL WRITS AND APPEALS
Over twenty-five years experience in handling writs and appeals on behalf of corporate
and individual litigants in a wide variety of cases, including:
Represented public employee unions and taxpayers on appeal in claim that their
right to voter initiative was improperly frustrated by county s use of public funds
to oppose initiative. DiQuisto v. Cty. of Santa Clara, 181 Cal.App.4th 236 (2010).
Donald T. Ramsey
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Represented former deputy sheriff seeking increased pension benefits from
special work assignment. Shelden v. Marin County Employees Retirement Ass n,
189 Cal.App.4th 458 (2010).
Represented plaintiff union that obtained sanctions against defendants who
brought frivolous anti-SLAPP motion. Santa Clara County Correctional Peace
Officers Association, Inc. v. Abbate, 2010 WL 302782.
Represented public employee unions against anti-SLAPP motions in trial court
and Court of Appeal. California Newspapers Partnership v. County of Marin,
2008 WL 542849; Santa Clara County Correctional Peace Officers Ass n v.
Abbate, 2008 WL 485115.
Represented defendants in drinking water contamination case who sought
immunity under preemption doctrines. Hartwell v. Superior Court, 27 Cal.4th 256
(2002).
Represented insurer in lawsuit involving a third party with arbitration contract
who sought to overturn trial court order staying arbitration until litigation was
concluded. Film Finance Inc. v. Superior Court, (2002 WL 228205).
Represented insurer before appellate court and obtained review from California
Supreme Court in case involving insurability of punitive damages and attempt to
establish comparative bad faith. Kransco v. American Empire Surplus Lines
Insurance Co., 23 Cal.4th 390 (2000).
Represented insurer in nationwide class action litigation seeking approval of
multi-billion dollar asbestos insurance coverage settlement. Participated in
settlement negotiations, drafted settlement documents, class action pleadings, and
trial and appellate court briefs for the District Court, the Fifth Circuit Court of
Appeal, and the U.S. Supreme Court. In re Asbestos Litigation, 134 F.3d 668 (5th
Cir. 1998); Ortiz v. Fibreboard Corporation, 527 U.S. 815 (1999).
Represented plaintiffs before the Cal. Supreme Court in seminal case regarding
limits of mandatory arbitration clauses in health maintenance organization
contracts. Engalla v. Permanente Medical Group, 15 Cal.4th 951 (1997).
Represented insurer in action involving trigger of coverage, allocation, number of
occurrences, pollution exclusion and other coverage issues. Armstrong World
Industries Inc. v. Aetna Casualty & Surety Co., 45 Cal.App.4th 1 (1996).
Represented insurer in choice of law/insurability of punitive damages case arising
under Texas, West Virginia and California law. Continental Casualty Company
v. Fibreboard Corporation, 762 F. Supp. 1368 (N.D. Cal. 1991), aff d 953 F.2d
1386 (9th Cir.), judgment vacated 506 U.S. 948 (1992), remanded 4 F.3d 777 (9th
Cir. 1993).
Donald T. Ramsey
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PUBLICATIONS
Co-author, Transatlantic Triggers, Post Magazine, January 2011.
Author, The Trigger of Coverage For Cancer: When Does Genetic Mutation Become
Bodily Injury, Sickness or Disease, 41 Santa Clara L. Rev. 293 (2001).
Author, Consumer Expectations Test for Design Defect in California: From An
Independent Test of Limited Use To A Dangerous Substitute For Risk-Benefit Analysis, 24 Tort
& Ins. L.J. 650 (1989).
PROFESSIONAL MEMBERSHIPS/ACKNOWLEDGEMENTS
Northern California Super Lawyers Appellate Law (2004, 2005, 2006, 2008, 2009, 2011)
Bay Area Lawyer Magazine, Best Lawyer in Bay Area Appellate 2006
Certified Appellate Specialist, California Board of Legal Specialization 1999-2004
British Insurance Law Association (BILA)
andiser in “trade dress,â€
•
copyright infringement and trade secret misappropriation action that
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