Douglas K. deVries, Esq.

Constr. Defect/Real Property

• Mediated case brought by a hotel against the manufacturer, distributor, contractor, and installer of a heating and air conditioning system. The hotel alleged that negligent design and installation caused repeated system failures and inadequate performance, resulting in alleged damages exceeding eight figures for lost income, repairs, and replacement costs.

Construction Breach Of Contract

• Mediated case brought by a general contractor against a subcontractor, alleging that defective workmanship led to the failure of a waterproofing system installed on apartment building decks and walkways, resulting in the loss of manufacturer warranty coverage. The case involved complex issues concerning proper construction methods, causation of damages, and the applicability of the subcontractor’s insurance coverage.

A D A

• Mediated case involving claims of whistleblower retaliation and disability discrimination brought by a physician against a university, arising from the alleged wrongful termination of the doctor’s medical school fellowship. Claimed damages included loss of earning capacity, emotional distress, and attorney’s fees.

Breach of Contract

• Mediated employment case involving alleged wrongful termination of a real estate agent pursuant to the terms a written employment agreement and defamation. Contested issues included whether a contractual limitations period was enforceable, whether the agreement constituted a “for cause” termination agreement, whether the agent was an independent contractor or employee, whether the agent was defamed and the nature an amount of various common law and statutory damage claims.

Discrimination

• Mediated case brought by truck drivers against their employer, alleging wrongful termination under pretextual grounds related to age discrimination.

ERISA

• Mediated long-term disability claim involving allegations of impairment due to fibromyalgia and chronic fatigue syndrome.
• Mediated long term disability claim based on alcoholism and depression.
• Mediated insurance coverage and policy interpretation dispute concerning the applicability of a pre-existing condition exclusion to a disability insurance claim. The central issue was whether a new injury sustained during surgery related to an excluded pre-existing condition was also subject to the exclusion.
• Mediated a case involving a dispute over insurance coverage under a group disability insurance plan. The central issue was whether "other income" offsets—specifically those arising from the insureds' receipt of Social Security Disability Insurance—required proration when two separate disability insurance policies covered the same disability.

Whistleblower Wrongful Term

• Mediated an employment law case involving claims by a whistleblower alleging retaliation and constructive discharge due to a hostile work environment.

Bad Faith

• Mediated a disability insurance and bad faith case involving allegations of the unreasonable denial of a disability benefit claim based on chronic back pain.
• Mediated an ERISA long-term disability claim involving allegations of entitlement to benefits due to chronic back problems.
• Mediated an insurance coverage and bad faith matter involving wind and tree damage to a residential property. The incident allegedly caused “racking” of the home’s structure—tilting and twisting of the frame—leading to a dispute over whether the damage required complete demolition and reconstruction or could be addressed through extensive repairs. The homeowners pursued both contractual damages under the policy and extra-contractual tort damages.
• Mediated a case involving the alleged wrongful sale of life insurance and annuity products to an elderly individual, including claims of misrepresentation, elder financial abuse, and statutory violations.
• Mediated a homeowner’s insurance coverage case involving allegations of bad faith in the adjustment of a total fire loss claim. The dispute focused on the proper application of Replacement Cost coverage provisions to an older home and the insurer’s handling of the claim under the fire insurance policy.
• Mediated a case involving long-term care insurance, with claims of breach of contract, insurance bad faith, and elder abuse arising from the alleged wrongful denial of home health care benefits to an elderly individual with cognitive impairment and related care needs.

Coverage

• Mediated an insurance coverage and bad faith case involving interpretation of MCS-90 endorsements issued to common carriers. The dispute focused on the meaning and legal effect of these endorsements in the context of interstate trucking accidents.
• Mediated equitable contribution between multiple insurers on construction defect claims and Additional Insured (AI) coverages.
• Mediated a case involving insurance coverage issues related to water damage and mold proliferation, as well as claims of vicarious liability arising from the alleged negligence of a network contractor retained by the insurer.
• Mediated a case involving insurance coverage issues arising from a landslide, focusing on the “direct physical loss” requirement and the policyholder’s preventative measures. The dispute also addressed the interpretation and application of the policy’s “settle and sue” clause.
• Mediated an insurance coverage dispute involving a claim by a computer software company seeking business interruption coverage resulting from water intrusion at its premises.
• Mediated a dispute involving insurance coverage issues related to a contractor’s entitlement to defense costs arising from construction defect claims.
• Mediated a case involving insurance coverage issues related to property damage and business interruption claims filed by a restaurant following a fire loss.
• Mediated a disability insurance claim involving the alleged unreasonable denial of benefits for debilitating pain caused by trigeminal neuralgia.
• Mediated a case involving the application of a state “slayer statute,” addressing whether life insurance beneficiaries could lawfully receive death benefits while still under suspicion in an open police investigation into the insured’s homicide.
• Mediated a case involving personal injuries resulting in quadriplegia to a man who sustained the injuries while diving into a condominium swimming pool.
• Mediated a commercial real estate insurance bad faith case involving fire losses at an apartment building in foreclosure following the owner's default on a secured note. The dispute included allegations of conversion and cross-allegations of breach of various agreements concerning the rights and obligations of the bank and mortgage lender with respect to insurance proceeds on a foreclosed investment property.

Subrogation

• Mediated a subrogation action brought by an insurer against a water remediation contractor to recover amounts paid to a homeowner. The allegations focused on negligent water removal and inadequate testing, which allegedly led to additional water intrusion and mold proliferation.
• Mediated a case involving claim by an excess liability insurer against a primary liability insurer alleging that the primary insurer, who controlled the defense of an underlying automobile accident case, acted in bad faith when it failed to reasonably settle the underlying case within the primary policy limits. As a result, the excess insurer was exposed to a large verdict exceeding the primary policy by more than double, which the excess insurer paid under a reservation of rights to pursue indemnity against the primary insurer.

Medical

• Mediated a medical malpractice case brought by the wife of a man who died from internal bleeding following surgery.
• Mediated a case by a man who allegedly suffered dementia following electro-convulsive therapy.
• Mediated a medical malpractice case involving the alleged failure to properly interpret X-rays, resulting in a delayed diagnosis and treatment of a spinal infection and epidural abscess in a 30-year-old patient. The plaintiff underwent multiple complex surgeries, including a vertebral corpectomy and multi-level spinal fusion, which ultimately ended their career as a firefighter.
• Mediated a medical malpractice case alleging professional negligence by a radiologist for misinterpreting a mammogram and by a general surgeon for failing to appropriately follow up on micro-calcifications. As a result, the plaintiff was allegedly deprived of timely treatment and a potential cure for Grade II invasive ductal carcinoma, which progressed to Grade IV with distant metastasis and a poor prognosis. The case also involved MICRA damage caps and a substantial Medi-Cal lien.

Legal

• Mediated a professional liability case involving allegations of legal and accounting malpractice arising from the structuring of a business stock and asset sale. The plaintiff, a subsequent owner, alleged the negligent structuring resulted in the loss of significant tax benefits, including depreciation and amortization of substantial goodwill.
• Mediated a case involving a legal malpractice suit brought by a company against its former lawyers arising from alleged mishandling of the defense of an underlying patent infringement lawsuit brought against the company. The patents at issue related to industrial equipment used in medical settings, and the legal processes involved the U.S. Patent Office’s Inter Partes Review (IPR) as well as a federal district court jury trial. Claimed damages were multiple seven figures.
• Mediated a legal malpractice action arising from allegedly inadequate settlement of an underlying personal injury case as well as allegations of fraud and multiple breaches of ethical duties by attorney and office staff.
• Mediated a legal malpractice action arising from underlying catastrophic personal injury case based on alleged defective governmental entity road design, and further complicated by contested professional liability insurance coverage issues.
• Mediated a legal malpractice case alleging that a client’s underlying case was dismissed pursuant to terminating sanctions based on their attorney’s failure to respond to discovery requests and orders. Defenses included alleged failure to mitigate and lack of causation due to successor attorneys’ failure to adequately pursue CCP sec. 473 relief; claimed injury and damages were also contested.

Breach Of Contract

• Mediated a case brought by homeowner-borrower against major national bank for allegedly wrongful foreclosure, fraud, statutory violations, and wrongful eviction arising out of allegedly unfair and illegal mortgage loan modification practices.

Buy/Sell

• Mediated a multi-million dollar case involving dispute between commercial developers and a bank based on allegations of fraud in the auction sale of foreclosed and repossessed residential properties.

Property Damage

• Mediated part of a large series of mediations involving cases arising from a large catastrophic fire. These mediations involve all manner of claims that arise from such an event, including physical and emotional injuries, destruction of homes and other structures, dislocation, emotional distress, property, tree and vegetation loss and restoration, etc.

Real Property

• Virtually mediated a commercial real estate dispute involving a lease renewal and claims against a broker for breach of a listing agreement, misrepresentation, breach of fiduciary duty, and unfair business practices.

Assault and Battery

• Mediated a case involving death of a bar patron while being physically subdued by bouncers.

Catastrophic Injury

• Mediated a case involving death of a construction site work due to wind-driven collapse of a wall.
• Mediated a case involving an auto collision causing allegedly major injuries, including moderate to severe TBI (traumatic brain injury), post-concussive syndrome and PTSD (post-traumatic stress disorder) as well as multiple neurological, orthopedic and soft tissue injuries. It was also alleged that the plaintiff lost her career and opportunities for advancement in her health-related occupation and would require rehabilitation as well as lifetime care and support resulting in claimed damages in the multiple seven figure range.

Elder Abuse

• Mediated a case by a man who suffered worsening bed sores, including deep cratering and infection, while admitted to a hospital and subsequently a skilled nursing facility.

PI Auto

• Mediated a personal injury case involving allegations of serious, disabling injuries resulting from a loss-of-control collision allegedly caused by a phantom vehicle that left the scene and was never identified.
• Mediated a case involving multiple near-fatal injuries from truck side-swiping car on mountain road.
• Mediated a disability insurance claim involving carpal tunnel syndrome with significant business loss and bad faith allegations.
• Mediated a significant auto collision personal injury case involving serious injuries, including post-concussion syndrome and orthopedic and neurological injuries. Other issues presented included earnings loss and property valuation involving a high profile publicly recognizable figure.
• Mediated a case involving a multi-million demand following motor vehicle collision in which young adult suffered significant personal injuries, including multiple fractures of spine and a lower extremity and head trauma leading to alleged traumatic brain injury (TBI).
• Mediated a case involving serious personal injuries stemming from a large vehicle striking a pedestrian, including head trauma, neck trauma, back trauma and shoulder fracture resulting in alleged mild TBI (traumatic brain injury), PTSD (post traumatic stress disorder) and long-term residual physical disabilities.
• Mediated a case involving a high fall at a job site causing multiple soft tissue and orthopedic injuries (not disputed) and alleged Mild TBI which was highly disputed. Also involved multiple defendants and cross-complaints, including allegations of negligent hiring, Cal-OSHA violations and workers compensation uninsured employer. Damages included life time rehabilitation, medical care and lost earning capacity.

PI Sexual Assault

• Mediated a case by a female high school intern for sexual assault by male supervisor.

PI Sexual Molestation

• Mediated a case by a psychiatric patient who alleged sexual violation by a physician.

Premises Liability

• Mediated a case by five guests of a resort hotel who became trapped in an elevator stuck between floors for 6 hours.
• Mediated a personal injury case with serious injuries and large Workers Compensation Claim In Intervention. Roofer allegedly fell from residential roof onto concrete patio when eave sheathing and fascia board collapsed due to allegedly faulty pest control remediation work.
• Mediated a case involving insurance subrogation action arising from major fire loss brought by insurer against public utility.

Wrongful Death

• Mediated a case by young man rendered paraplegic after multiple doctors and hospitals allegedly failed to recognize and correct acute spinal cord and nerve root compression.
• Mediated an insurance coverage case arising from the drowning death of a child in a residential swimming pool. The primary coverage issues involved (1) the meaning of the term “relative” as used in the policy’s terms relating to liability coverage for acts and omissions of residents of the Insured household, and (2) the duty and liability of a homeowner with respect to negligent acts of a home’s occupants when the homeowner is not physically present.