COSTA MESA, Calif., May 2, 2011 – Partner Edson McClellan of Rutan & Tucker, LLP, California’s largest full-service law firm based in Orange County, achieved a major arbitration victory for client Neurological Surgery Medical Associates (NSMA).
The arbitration was held at Judicial Arbitration and Mediation Services (JAMS) in Orange, California before the Honorable Keith Wisot, Ret. The plaintiff, a neurosurgeon and former independent contractor of NSMA, sued the group for alleged breach of his independent contractor agreement and breach of fiduciary duty. The plaintiff’s last settlement demand before arbitration was $1.17 million.
At the arbitration, NSMA presented strong evidence that it performed all of its duties under the contracts at issue. The combination of McClellan’s effective cross-examination of Plaintiff and the testimony of NSMA’s main witness resoundingly turned the tide in NSMA’s favor. At the conclusion of the fourth day of the six-day arbitration, the plaintiff’s counsel reached out to discuss settlement, and that night the plaintiff agreed to a complete walk-away.
Dr. Sylvain Palmer of NSMA praised McClellan. “We were very pleased with the outcome of our recent arbitration,” said Palmer. “Edson McClellan played a pivotal role in our success. He thought quickly and effectively on his feet. He was insightful and tenacious in clarifying salient points before the arbitrator, wasting no opportunity to strengthen our case.”
“Edson’s powerful cross-examination helped lead to the great result we were able to achieve in this arbitration,” said Brian Sinclair, head of the firm’s Employment & Labor Law Section.
McClellan has significant experience in litigation involving theft of company trade secrets, employee raiding, noncompetition agreements, breach of fiduciary duty, and contract disputes. His practice also involves all areas of employment law, including counseling and litigation. Rutan associates Summer Young Agriesti and Alisha Patterson, and paralegal Cynthia Mascio assisted in the victory.
About Rutan & Tucker LLP
Rutan & Tucker is California's largest full-service law firm headquartered in Orange County, California with offices in Costa Mesa and Palo Alto. Primary practice areas include corporate and securities law, business and real estate litigation, labor and employment law, intellectual property, real estate, government and regulatory law, land use law, bankruptcy, condemnation and property valuation, environmental law, and taxation and estate planning. Detailed information about the firm is available at www.rutan.com.