MCCORMICK BARSTOW'S APPELLATE GROUP WINS AFFIRMANCE OF NEARLY $8.7 MILLION DOLLAR JUDGMENT IN RICO CASE
Thursday, January 21, 2016
Fresno, CA (January 21, 2016) – The Appellate Group of McCormick Barstow, Sheppard, Wayte & Carruth, LLP, scored a major victory in securing the affirmance of a judgment of nearly $8.7 million dollars. Todd W. Baxter, Chairman of the Firm’s Appellate Group and a Certified Appellate Specialist certified by the Board of Legal Specialization of the California State Bar, handled the briefing and oral argument of the case before the Ninth Circuit Court of Appeals.
The Ninth Circuit Court of Appeals affirmed the judgment in favor of Allstate Insurance Company, Allstate Property & Casualty Company and Allstate Indemnity Company. The complaint in the case was originally filed on March 20, 2008 in Nevada Federal District Court, alleging among other things, a violation of 18 U.S.C. Section 1962(c) – Conduct of Enterprise through Racketeering (Federal RICO), Conspiracy under Section 1962(d), a violation of Nevada State RICO – NRS 207.470, Fraud and Intentional Misrepresentation under Nevada state law, Conspiracy to Defraud and Negligent Misrepresentation against the defendants.
The underlying trial was handled by Eron Z. Cannon, in conjunction with attorneys’ in McCormick, Barstow’s Las Vegas, Nevada office. Mr. Baxter, a Partner that works out of the firm’s Fresno, California office, also assisted in the litigation pre-trial and during the trial, with an eye on protecting the record in light of an anticipate appeal following the conclusion of trial.
On June 14, 2013, following a ten day trial the jury awarded $1,198,748.82 in damages against Obteen N. Nassiri, Advanced Accident Chiropractic Care and ONN Management dba Digital Imagining and Digital X-Ray Services, LLC. Following the trial, the District Court trebled the damages under Federal and Nevada State RICO laws, increasing the award of damages to $3,596,246.46, and added pre-judgment interest on the amount of $1,002,983.28. Punitive damages, attorney fees, costs and additional pre-judgment interest were added to the award, increasing the total amount of the judgment to $8,699,297.78.
The only defendant that appealed, Obteen N. Nassiri, had argued on appeal that the District Court erred in admitting the testimony of Allstate’s damages. Nassiri also claimed that Allstate’s damage calculations was impermissibly speculative and that the District Court erred as a matter of law in denying his Motion for Summary Judgment asserting that all claims were barred by the statute of limitations.
The Ninth Circuit Court of Appeals, in a decision issued on December 17, 2015, rejected all three contentions, affirming the jury’s decision.
McCormick, Barstow, Sheppard, Wayte & Carruth is a Martindale Hubbell AV® Preeminent™ Peer Review Rated law firm committed to providing the highest quality legal representation. McCormick Barstow was founded in 1951 in Fresno, and has grown to nearly 100 attorneys admitted to practice in 14 states. The firm has offices in Fresno, CA; Cincinnati, OH; Denver, CO; Las Vegas, NV; and Modesto, CA.