ANDREW S. ALBERT, ESQ.

  • Available in San Diego, All of California
  • Mediation Only

Introduction

Andrew S. Albert has served the legal community for over 38 years. At the end of 2006, he retired from litigation practice and devoted his practice to mediation. In his legal career, he has gained a wide array of experience as both plaintiff’s and defense counsel. Mr. Albert has also remained very active within the San Diego legal community, serving as a director of the San Diego County Bar Association from 2003 through 2007, and as its President in 2006.

Throughout the years, Mr. Albert has mediated close to 2,000 cases and has settled hundreds of complex matters. A few notable matters include the San Diego Fire insurance coverage matters, many high profile food safety matters, and many catastrophic personal injury and wrongful death cases. He also has an affinity for resolving emotionally charged cases such as employment and catastrophic injuries.

The feedback has been universally glowing. "Mr. Albert was able to quickly grasp the issues at hand," wrote one client. "He was personable and diligent, and helped us to get a very fair settlement." Another client noted how he has a “keen grasp of case law, and communicates well with both sides of the dispute. Most importantly, he is a straight shooter and a closer.” Another client wrote, "Persistent, perceptive, a pleasure!"

Specialties

Hobbies & Interests

Traveling, Boating and Family Time

Website

http://www.albertmediation.com

Testimonials

I really think this case would not have been resolved had Andy not been so involved with the mediation and post-mediation negotiations. I think all the parties would agree that the resolution was fair and satisfactory.
- Attorney, Anaheim Hills, California

Andy continues to impress me with his ability to facilitate fair and balanced resolutions. I look forward to working with him again soon.
- Attorney, San Diego, California












Experience Summary

Legal Career

  • International Academy of Mediators
  • Named a Distinguished Fellow Since 2010
  • San Diego County Bar Association
  • Member Since 1988, Board of Directors 2003-07, President 2006, Immediate Past President, 2007
  • San Diego Inn of Court
  • Board of Directors, 1990-97, President 1996
  • Bar Association of Northern San Diego County
  • Member Since 1988, Chairman of Personal Injury Sub Section, 1989
  • Consumer Attorneys of San Diego
  • Member Since 1989, Board of Directors, 1992-1995, 2000
  • Judge Pro Tempore, Superior Court Settlement Panel, 1992-2006
  • Panel Member, Judicate West
  • Highest Rating for legal ability and ethical standards by Martindale Hubbell
  • Recognized as an "Up and Comer" in Top 10 Neutrals Statewide by the Daily Journal

Education & Professional Affiliations

  • BS The George Washington University 1972
  • JD Southwestern University School of Law 1978
  • San Diego County Bar Association - President 2006
  • San Diego County Bar Association - Member Board of Directors, 2004 through 2007
  • Consumer Attorneys of San Diego - Member Board of Directors 1992 through 1995, 2000 through 2001
  • San Diego Inn of Court - President 1996
  • San Diego Inn of Court - Member Board of Directors 1990 through 1997

Achievements & Awards

  • Los Angeles Daily Journal Top 50 California Neutrals 2012-2013
  • Los Angeles Daily Journal Up & Comer 2009
  • Super Lawyer 2007-2008, 2012-2014
  • California State Bench Bar Coalition Bar Leader of the Year awarded by the Adminstrative Office of the Courts and the Judicial Council 2009

Legal Experience

  • Employment/Workplace Disputes
  • Catastrophic Injury and Wrongful Death
  • Medical / Professional Malpractice
  • Products Liability
  • Foodborne Illness
  • Business / Contracts
  • Consumer Class Actions
  • Wage & Hour Class Actions

Representative Case Information

Recent Representative Cases

Business/Commercial

Consumer Class Action

  • Consumer class action alleging violation of statutes regulating the cash value of cash refunds from unused portion of gift cards

Contractual

  • Business/Contractual dispute arising out of the sale of senior living facility with claims of fraud, alter ego and punitive damages
  • Post verdict mediation arising from a business and partnership dispute involving founders of company in which both sides were seeking and defending claims of affirmative relief against the other

Employment

Breach of Contract

  • Employment - Claimed Retaliation case against insurance company

Discrimination

  • Mediated and settled racial discrimination employment case with a wrongful termination component.

Empl. Class Action

  • Wage & Hour class action alleging meal period violations, rest period violations and inaccurate wage statement violations

Sexual Harassment

  • Employment - Claimed Sexual harassment and discrimination claim against Fortune 500 Company.
  • Employer alleged to have sexually assaulted and harassed two female employees repeatedly over the course of their employment. Insurance coverage issues involved. Mediation resulted in a settlement with the insurance company as well as an out-of-pocket contribution from the defendant.

Wrongful Termination

  • Employment - Claimed Race Discrimination case against public university

Professional Malpractice

Medical Malpractice

  • Medical malpractice/sexual assault case brought against hospital whose staff member was accused of sexually assaulting a patient
  • Medical malpractice wrongful death case against an HMO claiming failure to properly diagnosis and treat patient with cardiovascular conditions
  • Claimed failure to diagnose cancer resulting in a series of unnecessary treatment, surgery and diminished life expectancy

Tort

Catastrophic Injury

  • Mediated case in which bicyclist was seriously injured after he rode across a metal plate covering a trench in a construction site at night and lost control. A seven figure settlement was reached.
  • Mediated and settled case with a third party industry cross action by the railroad for contractual indemnity.

General Negligence

  • Hepatitis A outbreak involving 165 confirmed illnesses. After several days of mediations and consistent follow-up efforts, a settlement resulted of approximately 24 cases. The respondent was represented by a prominent national food safety lawyer

Personal Injury

  • FELA case with a third party industry cross action by the railroad for contractual indemnity. Global settlement reached resolving all claims among all parties after extensive follow up after the mediation session resulting in a seven figure settlement.
  • Case arises out of a high speed head on collision in which Mother was killed, daughter and father injured. Wrongful death claim, NIED and PI claims settled with Defendant driver and public entity with an apology letter from Defendant driver.

PI Auto

  • Settled a case in mediation involving multiple serious, complex orthopedic injuries suffered as a result of a head on collision.
  • Complex work place injury case involving a disputed TBI, with large levels of causation problems for the plaintiff. Workers Compensation intervened while disputing causation in the comp case. Case ultimately settled globally, with comp contributing along with third party defendant and with comp waiving their subrogation interests.

Premises Liability

  • Catastrophic injury claim arising from worker's fall through sky light on warehouse roof involving complex interaction between workers compensation and third party liability

Product Liability

  • Medical device claim against manufacturer of surgical hardware used in spinal fusion surgery
  • Food borne illness case alleging salmonella contracted from eating ground turkey produced by national food brand producer
  • Food borne illness case involving 39 claimant outbreak of salmonella infection contracted from exposure to imported food
  • Food borne illness case involving outbreak of e.coli infections in a large number of people

Wrongful Death

  • Wrongful death truck v. auto case involving sophisticated lighting and accident reconstruction issues
  • Wrongful death of 26-year-old unmarried son. Decedent on motorcycle when Defendant changed lanes into him. Defense claimed decedent was speeding and lane splitting. Case resolved in mediation for a 7 figure settlement.
  • Wrongful death of 16 year old while attending a birthday party celebration on a double decker bus. Parents of decedent brought suit against related bus companies and host parents who chaperoned the party, allowing and providing alcohol on the bus. High low settlement reached before closing arguments after a 5 week trial.

Downtown Los Angeles

601 S. Figueroa
Ste 4000
Los Angeles, CA 90017
Phone: 213.223.1113
Fax      : 213.223.1114

Los Angeles Mediation

West Los Angeles

11601 Wilshire Blvd
Ste 2040
Los Angeles, CA 90025
Phone: 310.442.2100
Fax      : 310.442.2125

Mediators Los Angeles

San Diego

402 W. Broadway
Ste 2400
San Diego, CA 92101
Phone: 619.814.1966
Fax      : 619.814.1967

San Diego Mediation

Santa Ana

1851 East First Street
Ste 1600
Santa Ana, CA 92705
Phone: 714.834.1340
Fax      : 714.834.1344

Orange County Mediation

San Francisco

100 Pine Street
Ste 1950
San Francisco, CA 94111
Phone: 415.266.1242
Fax      : 415.266.1243

San Francisco Mediation

Sacramento

980 9th Street
Suite 2200
Sacramento, CA 95814
Phone: 916.394.8490
Fax      : 916.394.8495

Sacramento Mediation