David S. Casey, Jr.

Casey had to act fast. Four Marines had been killed in a fiery helicopter crash near San Diego on April 3, 2018. The families of two of them had retained Casey--but only at the last minute. The two-year statute of limitations on civil lawsuits was set to expire in days.

It was mid-March 2020. "We had to move very quickly, but in the states we could file in, the courts were closed" due to the coronavirus pandemic, said the managing partner of Casey Gerry. Even so, working with local counsel, he managed to beat the clock and lodge a suit alleging that two companies were responsible for supplying a faulty component that led to the fatal plunge of the CH-53E Super Stallion heavy-lift chopper. The complaint alleged counts of strict liability, negligence and breach of warranty; His clients are seeking compensatory and punitive damages. Schultz v. Kampi Components Co. Inc., 200302725 (Philadelphia County, Penn., filed March 31, 2020).

Nimble action is nothing new to Casey, who leads the law firm his father founded in 1947. "We hope this case results in greater oversight and responsibility on the part of those who provide equipment to our military," he said.

Last November Casey, acting as liaison counsel and as a member of the plaintiffs' negotiating team, settled for $393.5 million a class action alleging that Wells Fargo & Co. and National General Insurance Inc. required some bank loan applicants to purchase their auto insurance even though they had existing policies, leading to auto repossessions and damaged credit. "We worked on that case in parallel with the federal government, which sanctioned Wells Fargo for the same conduct," Casey said. "The settlement talks were complicated because Wells Fargo was reluctant to move forward while the federal investigation was ongoing. Although it was complicated, we obtained an excellent result. In re: Wells Fargo Auto Insurance Marketing and Sales Practices Litigation, MDL 2797 (C.D. Cal., MDL order signed Oct. 19, 2017).

Casey said he's part of an effort by the plaintiff and defense bars and retired judges in San Diego County to offer their services to smooth the path for courts as they begin to reopen. The group, calling itself Resolve Law San Diego, will provide members a form of mediation to help clear the backlog of discovery disputes, probate matters, family law cases and other pending hearings in civil cases.

"There are thousands of hearings backed up down here," Casey said. "We are in unusual times. Things are being filed and stockpiled."

-- John Roemer