Current Cases

Insurance Bad Faith Current Cases

Claims Against PG&E for Losses Suffered by Victims of the Camp Fire

Cal Fire Investigators have determined Pacific Gas & Electric is at fault for the Camp Fire tragedy that destroyed 125,000 acres of land including homes, businesses, schools, and churches. Kabateck LLP represents over 500 victims who have brought claims against PG&E for loss of life, property, and emotion distress. Kabateck LLP also represents policyholders who sustained losses in the fires but have been shortchanged by their insurance companies.

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Assisting Malibu Residents and Business in Seeking Recovery for Losses Sustained in the Woolsey Fires

Kabateck LLP represents many people and businesses in seeking recovery of their losses and damage due to the Woolsey Fire. Our representation covers the full spectrum of the recovery process. We quarterback the insurance claims investigation and recovery from the property insurers. Then, given our intimate knowledge of the loss and damage, we are also best able to handle the recovery from Southern California Edison or any culpable third parties. All too often, insurance limits were not adequate to cover all the losses. Similarly, most did not have the proper coverage to address all the profit-making activities occurring on the property. As a result, many insurance professionals are responsible for the shortfalls. We assist our clients in achieving full recovery.

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Broker Negligence and Bad Faith against Nationwide, AMCO, and Allied

Kabateck LLP represents a fertilizer manufacturer who sought umbrella coverage for claims arising out of contaminated fertilizer. Nationwide Insurance took Plaintiff’s premiums every month for many years. Nationwide then changed the umbrella policy, without notice to the Plaintiff, and eliminated coverage for the type of claim Plaintiff had sought coverage. When a third party sued Plaintiff for claims of contaminated fertilizer, Nationwide refused to provide indemnity coverage under the umbrella policy.

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Consumer Cases

Superbug Lawsuit Against Olympus

Plaintiff alleges Defendants’ defective design of a duodenoscope resulted in a deadly outbreak of an extremely rare and highly virulent carbapenem-resistant Klebsiella pneumonaie (“CRE”)—commonly referred to as a “superbug”—at various medical facilities throughout Los Angeles County.

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Bacoka v. Best Buy

Kabateck LLP represents the owners of a large apartment building that sustained substantial water damage due to the improper installation of a washing at an apartment building. A resident had purchased a washing machine from Best Buy, who had it delivered and improperly installed. Best Buy is attempting shirk liability by arguing that they hired a third party to deliver and install the washing machine.

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Privacy Violation Lawsuit Against Skincare Product Manufacturer AQ Skin Solutions, Inc.

Kabateck LLP represents a Plaintiff in a lawsuit for violation of her privacy rights pursuant to Civil Code section 3344 and the Confidentiality of Medical Information Act (“CMIA”) of Code of Civil Procedure section 56. Photographs of Plaintiff taken by a medical professional following a medical procedure were published in advertising materials by without any permission or consent from the Plaintiff.

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Porter Ranch Litigation

Kabateck LLP represents thousands of residents of Porter Ranch and nearby neighborhoods in lawsuits against SoCal Gas for claims arising out of Aliso Canyon gas leak that spewed more than 100,000 tons of methane and other gases into the area between October 2015 and February 2016.

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Rachel Smith et al. v. Luxottica Retail North America, LensCrafters, Eyexam of California

Our firm filed a class action in Los Angeles Federal Court accusing the largest eyeglass frame maker in the world of a bait-and-switch scheme that defrauds consumers and breaks California law. The lawsuit accuses the defendants Luxottica Retail North America (LRNA), LensCrafters, and Eyexam of California of breaking long-standing laws regulating optometry and the eyeglass industry. For example, LRNA and Eyexam of California engage in fraudulent and unlawful conduct by baiting customers into their retail locations by advertising the availability of eye exams by “independent doctors of optometry.” California law prohibits corporations from being able to exert direct or indirect influence over optometrists. LRNA openly violates these regulations by offering in-store eye examinations at their retail locations from on-site optometrists who are subject to their indirect control and influence through the optometrists’ employment with LRNA’s wholly-owned subsidiary Eyexam of California. As a result of this arrangement, optometrists: have little control over the services they can provide; have no control over the way they write prescriptions; have no control over staffing, work hours, fees they charge, advertisements in their office space; and have limited control over patients’ records. In addition, LRNA employees often sit in on optometrists’ exams in order to ensure that the information being communicated to patients by the optometrists is consistent with LRNA’s business strategy.

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Jane Doe v. Sutherland Healthcare

KBK has filed a class action lawsuit against Los Angeles County and Sutherland Healthcare Solutions for claims the entities failed to protect consumers’ sensitive data while doing medical billing. The medical records of over 340,000 patients were burglarized, and the thieves have ruined credit scores and amassed mountains of bills. Adding insult to injury is that investigations show that a Sutherland employee acted as an “inside man”—aiding the burglar. KBK found that Los Angeles County made data theft even easier by sending private medical files to Sutherland without any encryption. Sutherland itself took no steps to encrypt the data after the fact, and on the night of the burglary, the alarm system was not activated. KBK’s class action suit against the county and Sutherland faces the added difficulty of proving that the thief viewed the medical records, under the California Confidentiality of Medical Information Act, in order to seek recourse.

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Class Action & Employment Law Cases

Class Action Against Progressive Insurance for Undervaluing Total Loss Vehicles

Kabateck LLP filed a putative class action on behalf of Plaintiff and a putative class of California citizens who are first party insureds of automobile insurance carrier Progressive. The class action alleged Progressive deliberately undervalued compensation to their insureds for their total loss vehicles from 2016 to the present.

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Jones v. City of Los Angeles and the Department of Water & Power

In April of 2019, a Los Angeles Superior Court Judge selected Brian Kabateck and Kabateck LLP to represent a class of DWP ratepayers who may have been ripped off in a potentially collusive settlement scheme with the City of Los Angeles. Judge Berle of the Los Angeles Superior Court found that “Mr. Kabateck is highly qualified and has substantial experience in class action litigation.” Brian Kabateck’s priority has been to represent the class the class of Los Angeles ratepayers who sued the city over incorrect bills in Jones v. City of Los Angeles, Case No. BC577267. Kabateck LLP and Brian Kabateck continue to serve as class counsel in the matter.

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Misclassified Uber Drivers

Brian Kabateck is co-lead counsel in an employment class action lawsuit involving the ride sharing giant, Uber. The case involves Uber drivers who contend they’ve been misclassified as independent contractors instead of employees and are suing the company for failing to pay overtime wages, minimum wages, reimbursement of expenses and engaging in additional labor code violations. Mr. Kabateck also represents the named plaintiff in another class action against Uber, Douglas O’Connor, who hired KBK to replace Boston attorney, Shannon Liss-Riordan, who negotiated an unfair settlement. That proposed settlement failed to adequately compensate Uber drivers for additional claims, and prevented all Uber drivers them from pursuing claims in the future. KBK vehemently objected to Shannon Liss-Riordan’s settlement on behalf of Douglas O’Connor and the class in the Del Rio case.

On August 18, 2016, Judge Chen rejected the settlement that was reached between Uber and Shannon Liss-Riordan, who was trying to settle the matter on behalf of ALL drivers. Judge Chen found that the proposed settlement was unfair because it allowed all PAGA claims against Uber to be settle for a measly $1 million, which is just 0.1% of Liss-Riordan’s $1 billion in PAGA penalties. Another reason for the rejection of the settlement was that Liss-Riordan was trying to settle claims that she did not make (or evaluate) in her lawsuit, but which were made by other drivers represented by other lawyers, like the ones made by the Plaintiffs in the Del Rio case.

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Misclassified Truck Drivers

California truckers have recently filed hundreds of lawsuits stemming from the misclassification of employees as “independent contractors”, which deprives these truckers of minimum wage, paid overtime, benefits, meals and rest breaks provided to employee drivers and crewmembers.

9th Circuit Court of Appeals recently ruled that independent contractors deserve the same pay and protections as employees, under California law, because they signed independent contractor agreements and are doing the same work and are under the same control of the company as employees. KBK represents hundreds of truck drivers who are suing various trucking companies who engage in driver misclassification.

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Sexual Abuse & Molestation Cases

Child Sex Abuse Claims Against Fresno Unified School District

Kabateck LLP represents a minor student who was groomed to be in a sexual relationship with a band teacher. The lawsuit is against the Fresno Unified School District for failing to protect the student from the predator.

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Lawsuit Arising Out of Molestation by Bus Driver Contracted by LAUSD

A minor with special needs was molested and assaulted by a male bus driver, who worked for a transportation company that contracted with the Los Angeles Unified School District. The perpetrator plead guilty and is currently incarcerated. Kabateck LLP represents the minor victim in a lawsuit against the School District for negligent hiring of the perpetrator.

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Lawsuits against USC and Dr. Tyndall for Sexual Misconduct

Kabateck LLP represents some of the hundreds of women who have come forward and filed civil lawsuits against the University of Southern California (“USC”) based on alleged sexual misconduct of Dr. George Tyndall, a gynecologist at USC. Victims allege that Dr. Tyndall subjected the Plaintiffs to sexual harassment, inappropriate comments, inappropriate touching and misdiagnosis during their gynecological examinations. USC continued to employ and failed to take adequate action to investigate Dr. Tyndall despite previous documented complaints. Countless photos of naked women found in Dr. Tyndall’s rental storage unit including photos of unclothed women in what appears to be a medical exam room. Tyndall saw thousands of patients during his nearly 30-year career at USC.

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Sexual Assault Case Against Animo Venice Charter High School

Kabateck LLP represents a victim in a lawsuit against Animo Venice Charter High School. While Plaintiff was a freshman at Animo Venice Charter High School, she was sexually assault by two male students and raped by one of them in the locker room. One of the perpetrators had disciplinary problems at the school prior to this incident, and the lawsuit alleges the school failed to supervise the students, failed to maintain the school in a safe condition, and was negligent in their care of Plaintiff.

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Personal Injury Cases

Wrongful Death Lawsuit Involving Motor Vehicle & Pedestrian

Kabateck LLP represents the family of a man who, on his morning walk, was tragically killed by a driver of the motor vehicle.

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Medical Negligence Lawsuit Against St. Joseph’s Medical Center & Dr. Grajales-Zweigle

Kabateck LLP represents a victim of medical negligence in a lawsuit against St. Joseph’s Medical Center in Stockton and an emergency room doctor. The victim in this case is a 28-week premature child born in 2013. Shortly after the child was born, the defendants, hospital and emergency doctor, failed to diagnose and treat him for an infection of Group B Streptococcus when he was presenting with clear signs and symptoms of the infection. The failure of diagnosis and treatment resulted in cognitive and developmental delays, including severe brain damage, behavioral issues, and cerebral palsy. He will need lifelong one on one care and treatment for his sustained injuries.

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Estate of LaMerle Johnson v. Mayacamas Ranch LLC

Wrongful death action arising out of an accidental drowning in a lake at a Ranch in Calistoga. The drowning occurred during a leadership retreat for recently released convicted felons. The cause of the drowning is due to the lack of safety warnings about the hidden dangers of the lake and the failure of the Ranch to provide safety devices, such as life vests and jackets, for guests using the canoes.

Do you have a similar case you would like to discuss with KBK? Please contact one of our attorneys now.

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Sexual Assault by USC’s Dr. George Tyndall

In February of 2019, USC filed a proposed settlement intended to restrict recovery for victims and limit further investigation into Tyndall’s abuse. The proposed $215 million settlement attempted to rectify nearly 30 years of wrongdoing and address the claims of numerous victims.

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Sexual Assault by USC’s Dr. Dennis Kelly

Several men have come forward and filed civil lawsuits against the University of Southern California (“USC”) based on alleged sexual battery and harassment by Dr. Kelly.

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Boeing Plane Disasters

As the representative for 15 victims in the deadly crash of Lion Air Flight 610, we commend Boeing for offering condolences and accepting responsibility today for that crash as well as that of Ethiopian Airlines Flight 302, but condolences alone can only do so much.

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California Wildfires Insurance Claims

From 2017-2022, California wildfires burned over 20 million acres resulting in devastating loss of life and property. Find out how Kabateck Lawyers are helping victims from these fires rebuild their livelihood, and their homes.

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Your Justice Team

The KBK team is our most valuable resource and the reason for our success.
The KBK justice team is committed to holding insurance companies responsible. If you have been impacted by the California Wildfires, the attorneys at KBK are here to help.

Kabateck LLP is a nationally renowned plaintiff’s firm that litigates complex cases with an impressive record of success. KBK has recovered more than a billion dollars in verdicts and settlements for its clients. These notable victories have made a significant impact in the legal community and resulted in better consumer protections in the areas of personal injury, insurance bad faith, pharmaceutical litigation, wrongful death, class action, mass torts and disaster litigation. KBK is a full-service contingent fee law firm that values every case equally and is committed to maximizing recovery.

The firm’s landmark cases have received extensive, national media coverage. Founding and Managing Partner, Brian Kabateck is frequently requested by news outlets to provide insight and commentary on all legal issues. Because of his deep knowledge of the law and dynamic speaking style, Mr. Kabateck is a frequent contributor to national, local and legal media outlets. He makes regular appearances on CNN, MSNBC, CBS, NBC, ABC, FOX and CW stations. In addition to his television, radio and print exposure, Mr. Kabateck often speaks at seminars, law schools and industry events.

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