Practice Areas Overview
Dwyer, Daly Brotzen & Bruno, LLP represents major corporations, insurance carriers, and government entities, as well as individuals and small- to mid-size businesses, in state and federal civil litigation and appeals throughout Southern California. The firm's areas of expertise include:
- Aviation
- Premises Liability
- Products Liability
- Business Litigation
- Environmental Liability
- Contracts
- Construction
- Insurance
- Professional Liability
- Governmental Liability
- Personal Injury
Aviation
Aviation accidents often end in tragedy, and injured plaintiffs or surviving family members look to sue every possible defendant, including pilots, crew, air traffic controllers, owners, operators, and aircraft manufacturers, regardless of where the fault lies. An effective defense requires experienced attorneys who fully understand all the applicable laws and regulations, such as the General Aviation Revitalization Act (GARA) and the Federal Aviation Administration (FAA) rules. At Dwyer, Daly Brotzen & Bruno, LLP, our attorneys include former flight test and aeronautics engineers who devote a significant portion of their practice to aviation law and the defense of large aircraft insurers.
Premises Liability
Unfortunately, accidents sometimes happen. In the event that a person suffered an injury while on property owned by a business, a premises liability lawsuit may result. Critical issues such as the cause of the injury and the property owner's knowledge of any unsafe conditions are key components of a successful defense. Often, expert investigation and testimony is required to establish the customary standard of care expected in the given industry, and whether the company was operating within acceptable business practices at the time the injury occurred.
Products Liability
When people are injured while using a product, they often sue the corporation that produced the item, even though the alleged defect may have occurred at any point in the chain of commerce. Unfortunately, a products liability plaintiff does not have to prove negligence or fault on the part of the defendant, and a defendant can even potentially be found liable when a plaintiff was injured while using the product in an unsafe manner. Defending this type of lawsuit involves proving that the given product was safely made and misused by the plaintiff, or that his or her injury was sustained due to another cause.
Business Litigation
When disagreements arise among partners, they can threaten the very existence of the company. Disputes concerning such complex issues as trade secrets or the enforceability of covenants not to compete can severely hamper business operations by diverting the time and attention of executives and owners away from running the company. At Dwyer, Daly Brotzen & Bruno, LLP, we strive to resolve even the most complicated business disputes swiftly and effectively so that normal business operations can resume as soon as possible
Environmental Liability
Every level of government from the local municipality to the federal government feels compelled to enact laws regulating businesses that may impact the soil, air, or water in some way. Navigating this complex web of rules and regulations can be quite complicated, and companies frequently find themselves entangled in litigation in the state and federal courts, or in administrative proceedings before local boards and commissions, or the state or federal Environmental Protection Agency (EPA). A qualified environmental law attorney should be well-versed in this constantly-changing area, and be able to effectively provide advice both prior to, or during, a regulatory roadblock or other obstacle.
Contracts
Disputes over the interpretation or enforcement of a contract can arise in any industry at any time. Contracts are the lifeblood of a business, and are entered into daily with a wide range of parties, including employees, customers, suppliers, vendors, distributors, manufacturers, real estate buyers and sellers, and many others. To effectively run a business, it is vital to have access to qualified attorneys who can swiftly address any contract dispute before it becomes a major obstacle in the way of normal operations.
Construction
Given the multitude of parties involved in a construction project and the significant commitments of time, money, and labor involved, there are many opportunities for litigation. Disputes can arise regarding alleged construction defects, delay claims, bid protests, contract defaults, mechanic's liens, performance bonds, licensing, or insurance, among others. The delays caused by these disputes can be extremely costly to construction deals and projects alike, making it essential to resolve the matter as soon as possible.
Insurance
Insurance companies owe their shareholders a duty to act with prudence and business sense when dealing with claims for payment. Fulfilling this duty sometimes results in claims being denied because they are not covered by a given policy, or benefits being offered that are less than policy limits yet adequately cover the damages that were incurred. Unfortunately, these actions leave the insurance company vulnerable to litigation by the insured on coverage issues or claims of bad faith. In these instances, insurance companies need experienced attorneys who can ensure that the plaintiff will receive no more than the minimum amount to which they are entitled.
Professional Liability
Attorneys, accountants, and other professionals often hold positions of trust and fiduciary responsibility with respect to their clients, and are therefore held to a higher standard of competence and care than the average person. When a client does not achieve the result he or she was expecting, the first inclination is often to blame the professional and attempt to receive satisfaction through a claim of malpractice or professional negligence. An effective defense typically requires that qualified experts in a given field investigate, document, and testify that the professional met the appropriate standard of care in a particular instance.
Governmental Liability
The size and ubiquity of government services and agencies, including electric, gas, water, and other utilities, make them an easy target for litigation. Disputes over siting and certification of transmission lines, or end use energy supply contracts, can be incredibly complex, taking months or years to resolve while siphoning off valuable manpower and resources. Meanwhile, the utility company must continue to provide essential services for the public. A qualified attorney can help a government entity vigorously defend itself through litigation to achieve a result that will be in the best interests of the taxpayers who will ultimately pay for any judgment or settlement.
Personal Injury
Any time someone is injured, it is a natural inclination to look for someone else to blame. Whether the case concerns products liability, premises liability, or a general negligence claim arising out of an automobile accident, the plaintiff must prove that the defendant failed to act with the expected standard of care, causing injury. A strong defense will investigate the true cause of the accident, including any intervening factors and whether the plaintiff's own negligence caused or exacerbated the extent of the injuries. It is also the job of the defense to examine the true nature and extent of plaintiff's injuries, including the existence of prior injuries or conditions which may be the true cause of the current complaint.
