Daniel Balaban

Los Angeles • Personal injury, wrongful death, motor vehicle accidents, product liability, truck accidents, medical malpractice, police misconduct, workplace incidents & municipal liability

Since co-founding his firm a decade ago, Daniel Balaban has recovered more than $200 million in verdicts, awards and settlements. His recent success includes a $5 million jury verdict against the San Diego Sheriff's Department, recognized as one of the Top Verdicts of 2022 by the Daily Journal. Myles v. County of San Diego et al., 15-cv-01985-BEN-BLM (S.D. Cal., filed Sept. 4, 2015).

This federal civil rights trial exposed a pattern of excessive force and negligent supervision within the sheriff's department. The case involved an incident in 2014 where deputies subjected Mickail Myles, a black preschool teacher, to excessive force during a traffic stop, leading to a lawsuit against the county of San Diego and Deputy Jeremy Banks.

One of the major challenges in the Myles case was the need to establish a Monell claim, which required proving not only a constitutional violation, but also demonstrating that the department had a policy or practice contributing to the harm suffered by the victim.

"A major hurdle in that case was that the county and its hired lawyers hid the evidence, and it was like peeling an onion," Balaban said. "Eventually, we were able to figure out all of these things, some of which we didn't learn about until we were in the actual trial. We learned about another dozen cases of excessive force by this same sergeant during our trial. So that was a big hurdle. But we did it, and the defense paid for it. They were sanctioned severely for hiding this evidence over eight years. We were finally able to bring all this to light and show the evidence to the jury, and they did the right thing."

Balaban has also been involved in a groundbreaking case where the manufacturer of American Airlines' uniforms was found responsible for causing serious illnesses to flight attendants due to uniforms contaminated with formaldehyde. This case set a precedent, and the jury awarded substantial compensation to the affected flight attendants, marking a significant victory for workers' safety.

"People want to go to work, and they want to be safe in what they're required to wear. Manufacturers should stand up to that promise," Balaban said.

In discussing trends in the field, Balaban said, "To make the system work and hold these insurance companies, public entities and corporate defendants accountable, lawyers need to try cases. That's just a fact. If we don't do that, the consumer suffers because the insurance companies can lean on them and settle these cases at a discount. There needs to be more plaintiff lawyers who try their cases and represent their clients in a courtroom with juries. That's the only way this system works."