David S. Casey Jr.

Casey recently landed a large settlement in a case he describes as one of the most technically demanding and stressful cases he’s ever had.

“I had to file it in three different states, and all three were shut down in terms of filing. And we had a statute running in two or three weeks,” he said. “Let’s say it was a very daunting and challenging process.”

Casey represented the families of two Marines who died when their helicopter crashed near El Centro in April 2018. Before he and the counsel for two more families could file suit, they had to wait for the report of the Marine Corps investigation into the crash. With that, they knew what caused the crash and who they should sue.

But that 700-page report came out very late in the statute of limitations period, and it blamed the crash on a faulty part in the tail rotor. His team then had about three weeks to sue the Philadelphia company that made the part and the Alabama company that sold it, as well as set up an estate in Ohio for one of the heirs — all despite court closures.

“We were able to get a multimillion-dollar recovery for the families, so we’re very pleased,” he said. The court approved the settlement on April 30. Schultz v. Kampi Components Co. Inc., 200302725 (Phil. Cnty, PA, Ct Common Pleas, filed March 31, 2020).

Also in April, Casey’s firm and co-counsel secured a second appellate win against Amazon.com, this time for a woman injured by an allegedly defective hoverboard she purchased from the e-commerce giant. Casey did not argue the appeal. Loomis v. Amazon.com LLC, 2021DJDAR 3932 (April 26, 2021).

The ruling relies on the landmark appellate decision he won in October holding that Amazon can be found liable for the products it sells. He said it is the first case in the United States to establish e-commerce liability. Bolger v. Amazon.com LLC, 53 Cal.App.5th 431 (Cal. App. 4th Dist., Aug. 13, 2020).

“I am very proud of our firm on that one because in my 47 years of practice, that is the farthest-reaching appellate decision we’ve ever been involved in,” Casey said. “This is going to incentivize people like Amazon to be much more careful what vendors they use.”

Casey is back in litigation in the Bolger case following remand.

In other matters, he is busy representing many Paradise residents and other victims of the Northern California Camp fire in settling their claims through Pacific Gas and Electric Co.’s bankruptcy.

And as he has for years, he is vetting potential federal judges for Sen. Dianne Feinstein. He said there have been more than 320 applicants for 17 openings.

“The diversity in terms of women, different minority groups, it’s unprecedented,” Casey said. “It’s actually wonderful.”

— Don DeBenedictis