Brian K. Condon

• Major Health Care Service Plan / Health Maintenance Organization in litigating hundreds of cases over 20 years, covering all aspects of arbitration law, in trial, and appellate courts. Cases include enforcing contractual provisions for arbitration of member claims, and proceedings to confirm, correct, and vacate arbitration awards.
• Private equity firm in defeating contract and fiduciary duty claims by a minority shareholder in a home health care business, and successfully defending dismissal in the Eighth Circuit Court of Appeals.
• Seller of collectible coin products and dietary supplements in defending multiple consumer class actions in federal district court (C.D. Cal.) alleging false advertising and unfair competition.
• Agricultural business in arbitrations involving contract and unfair competition claims relating to fruit supply, fruit safety certification, and sales.
• Multi-level marketing firm in litigating claims against promotional consultant in breach of contract and anti-SLAPP dispute, and against distributors in unfair competition and trade secret litigation involving sales networks.
• Manufacturer of box cutters and private equity investor in fraud and breach of contract action regarding customer-related disclosures in leveraged buyouttransaction for manufacturing business.
• Private equity firm in obtaining summary judgment in litigation by minority investors seeking lost profits from a failed metal fabrication business, and successfully defending judgment on appeal.
• Foreign bank branch in bringing claims under California Commercial Code in federal district court (C.D. Cal.) to recover casualty insurance funds from bank accepting joint payee checks without proper endorsement.
• Country code domain name registry in contract, tort, and copyright litigation in federal district court (C.D. Cal.) arising from domain name marketing agreements.

Published and Unpublished Decisions:

• Joseph v. CVS Pharmacy, 2019 WL 2498400 (Cal. Ct. App.)
• Brenner v. Community Memorial Health Systems, 2019 WL 1594322 (Cal. Ct. App.)
• Maureen K. v. Tuschka, 215 Cal. App. 4th 519 (2013)
• Horras v. American Capital Strategies, Ltd., 729 F.3d 798 (8th Cir. 2013), cert denied
• Samano v. Kaiser Foundation Health Plan, Inc., 2012 WL 91317 (9th Cir.)
• Gee v. Southern Calif. Permanente Medical Group, 2011 WL 5307854 (Cal. Ct. App.)
• Colen v. Kaiser Foundation Health Plan, Inc., 2011 WL 989234 (Cal. Ct. App.)
• USC University Hospital., Inc. v. Kaiser Foundation Hospitals, 2010 WL 5187741 (Cal. Ct. App.)
• Proctor v. Nikken, Inc., 2008 WL 4916931 (Cal. Ct. App.)
• Swain v. American Capital Strategies, Ltd., 2008 WL 4140785 (Cal. Ct. App.)
• Paleski v. California Dep't of Health Services, 144 Cal. App. 4th 713 (2006)
• Clement v. Kaiser Foundation Health Plan, Inc., 2006 WL 177425 (Cal. Ct. App.)
• Martin v. Tzakis, 2005 WL 2542907 (Cal. Ct. App.)
• Coapstick v. Kaiser Foundation Hospitals; 2005 WL 2009147 (Cal. Ct. App.)
• Turner v. Kaiser Foundation Health Plan, Inc., 2005 WL 1774775 (Cal. Ct. App.)
• Minsk v. Kaiser Foundation Hospitals, 2004 WL 1663970 (Cal. Ct. App.)
• Demore v. Kim, 538 U.S. 510 (2003) (co-counsel)
• Broughton v. Cigna Healthplans, 21 Cal.4th 1066 (1999) (amicus)
• Turner v. Superior Court, 67 Cal.App.4th 1432 (1998)
• Lorenz v. Commercial Acceptance Ins. Co., 40 Cal.App.4th 981 (1995)

• Industry groups in counseling on potential challenges to and ramifications of California's Safer Consumer Products (Green Chemistry) regulations.
• Property and casualty insurer in successfully obtaining rescission of a municipality's commercial liability policy due to undisclosed pollution claims involving Superfund site.