Michael W. Bootier
San Diego, CA
- Enforced pre-dispute arbitration agreements at the trial and appellate levels.
- As second chair, obtained defense verdicts in arbitrations of long-term care suits.
- Obtained judgment on the pleadings based on a complex statute of limitations issue.
- On an issue of first impression, obtained dismissal of all claims against a skilled nursing facility for physician negligence based on a theory ostensible agency.
- Obtained complete summary judgment on behalf of a skilled nursing facility despite a plaintiff having obtained two expert reports.
- Represented a managerial employee in a bench trial, resulting in a not guilty verdict.
- Represented life insurers and annuity issuers in connection with insurance coverage disputes, broker-dealer issues, insurance and annuity investment products and general commercial litigation (e.g., secured summary judgment in a $600,000 life insurance case by drafting all discovery and dispositive motions).
- Participated in litigation of contractual disputes (e.g., business litigation based on negotiation of separation and distribution agreement and alleged breach thereof).
- Handled all phases of litigation in state and federal courts on behalf of owners and issuers of structured settlement annuity contracts, including successfully arguing several dispositive motions.