Brian S. Kabateck

The prolific Kabateck has in the last several weeks reached two multimillion-dollar settlements, won a $1.3 million jury verdict, and kept his foot in the door of the biggest labor & employment case in California. Kabateck settled in April for $3 million a wrongful death lawsuit filed by the family of Anthony Tuama-Vaili, a 22-year-old man who fatally crashed his vehicle into a railroad-crossing beam in Richmond. Tuama-Vaili v. Richmond Pacific Railroad et al., C15-1719 (Contra Costa Super. Ct., filed Sept. 26, 2015).

"For installing the beam, which pierced the victim's head when he struck the barrier," Kabateck explained as why he sued Richmond Pacific Railroad. "We argued that the part of the structure used to shield the railroad crossing gate from trucks was unauthorized and improperly installed, using scrap materials from the railroad's junkyard."

A couple of months earlier, Kabateck settled for $2.2 million a case on behalf of five women who sued the Tulare County Board of Supervisors and the county sheriff's department for civil rights violations, alleging they were groped and inappropriately patted down by authorities.

One matter that went the distance this year for Kabateck was obtaining a $1.3 million verdict for client Steve Lopez against his home insurer, IDS Ameriprise. A downtown Los Angeles jury found Ameriprise liable for not making repairs to a home that had been flooded and damaged by vandals, and not providing the plaintiff an alternative home while repairs were made. Lopez v. IDS Ameriprise, BC 605264 (L.A. Super. Ct., filed Dec. 28, 2015).

"There are few if any reported jury verdicts for punitive damages in homeowner insurance bad faith cases," Kabateck asserted. "This company did everything it could do avoid paying a homeowner's claim just to make his life difficult."

Upcoming for the lawyer is a trial against the Napa Valley Unified School District, which Kabateck sued for failing to supervise and train faculty and staff to prevent a convicted pedophile from abusing six minors. Outside of the courtroom, Kabateck is board chairman at his alma mater, Loyola Law School.

As the lawyer continues his myriad duties, one dispute stands out: Kabateck has consistently objected on behalf of state Uber Technologies Inc. drivers to settlements in federal and state court, saying they rob the independent contractors of financial security. The many Uber cases are on hold as the U.S. Supreme Court and 9th U.S. Circuit Court of Appeals consider the validity of employment arbitration contracts, including Uber's, that prohibit class actions.

"Uber represents one of the most pressing labor and employment issues of our time as it relates to fairly compensating workers in the gig economy," Kabateck said.

— Matthew Blake