HON. LEO S. PAPAS, RET.

Available in San Diego, Nationwide
Mediation Only

Introduction

Judge Papas brings the "pro" to professional. A former Federal Magistrate Judge for more than 18 years and now enjoying his encore mediation career since 2009, Judge Papas brings unparalleled judicial and private sector experience to each mediation; which is why, in his first year of private mediation, and every year since selections have been made, he has been chosen by the Daily Journal and his peers as a Top 50 Neutral in California, has joined the ranks of Super Lawyers and in 2014 was inducted into the International Academy of Mediators.

Those experiencing one of his thousands of mediations uniformly remark about his unpretentious and engaging yet businesslike personality, meticulous and thorough preparation, relentless work ethic, limitless patience and extraordinary passion for helping parties develop the necessary trust and framework to reach closure. From his groundbreaking practice of conducting Pre-Mediation Conferences (PMCs), to preparation of final settlement documentation and OBTWs (ask him), Judge Papas appreciates and takes into account the emotional, physical and economic impact of litigation on each party. He has used his broad private practice and public servant experience to help influence parties and find closure across the spectrum of disputes, including straightforward matters and those involving the most highly confidential and sensitive issues.

Among his many cases, he has helped parties find closure in the Chapter 11 San Diego Roman Catholic Diocese priest abuse cases (http://tinyurl.com/Priest-Abuse-Cases), multi-party claims against the Coast Guard and United States arising out of catastrophic injuries and death at the annual San Diego Bay Parade of Lights (http://tinyurl.com/DeWeese-CoastGuard), claims against the City of San Diego, SD Padres, SD Chargers and others regarding ADA claims against Qualcomm Stadium (http://tinyurl.com/Qualcomm-SuperBowl), City of San Diego/DeAnza mobile residence multi-party (230 claimants) and class action cases (http://tinyurl.com/City-DeAnza), the sad chapters resolving civil claims surrounding the historic Stephanie Crowe murder (http://tinyurl.com/Crowe-Murder), the tragic 1983 excessive force/wrongful death case against Orange County arising from police shooting (http://tinyurl.com/OC-Wrongful-Death), and Qui Tam claims involving a 14 year relationship between the City of San Diego and Rural/Metro, its emergency medical services provider (http://tinyurl.com/City-Rural-Metro). In addition, as a private mediator he has handled hundreds of highly confidential/sensitive matters, class actions and multi-party complex matters as well as more than 200 employment related matters.

Judge Papas is an eternal optimist and believes every case can and should settle through mediation. One attorney who has frequently utilized his skills echoes what so many others say, "Judge Papas is not just a great mediator but an exceptional human being. He is always thoroughly prepared as he makes it his mission to resolve every case with the same enthusiasm and tenacity as he did his last. His willingness to prepare and learn even the most complex subject matter is exemplary. He is my mediator of choice."

Specialties

Testimonials

Judge Papas was an excellent listener; sensitive to our clients needs; understood the factual and legal issues.
- Attorney, San Diego, California

Judge Papas is very effective in explaining the options to the client and evaluating the strengths and weaknesses of their positions.
- Attorney, Solana Beach, California

Experience Summary

Legal Career

United States Magistrate Judge, Southern District of California (1991-2009); Presiding Judge (2002-2007)
Law Offices of Leo S. Papas, APC, Civil Litigation (1977-1991)
Hervey, Mitchell, Ashworth & Keeney, Civil Litigation (1974-1977)
United States Marine Corps (1969-1975), Captain, Office of Staff Judge Advocate (1969-1974) Major VTU (1974-1975)

Education & Professional Affiliations

Distinguished Fellow, International Academy of Mediators (2014-present)
San Diego County Bar Association, Judicial Advisor to Ethics Committee (2003-2015)
San Diego Inn of Court, Board of Directors (2007-Present)
Intellectual Property Workshop, UC Berkeley, Berkeley Center for Law & Technology (2008)
Federal Judicial Center Mediation Skills Program for US Magistrate Judges (1999)
Untied States Arbitration & Mediation Training (1989)
National College of District Attorneys (1971)
Naval Justice School (1970)
J.D., Drake University Law School (1969)
B.A., University of Nebraska & Northwest Missouri State University (1966)

Achievements & Awards

Distinguished Fellow, International Academy of Mediators (2014-present)
Los Angeles Magazine "Super Lawyer" - Alternative Dispute Resolution (2014-Present)
Thompson Reuters "Super Lawyer" - Alternative Dispute Resolution (2010-Present)
Daily Journal Top 50 Neutral in California (Since 2010)
Advisor/Trainer, India & Turkey Court/Government Mediation Programs (2007-2008)
Consumer Attorneys of San Diego Co-Judge of the Year (2007)
Athletic Hall of Fame, Washington High School (2006)
San Diego Bar Association, Outstanding Jurist of the Year (2003)
United States Marine Corps, Leadership Award (1970)

Hobbies & Interests

Judge Papas and his wife are travel enthusiasts --- visiting their son in New York, daughter, son-in-law and grandchildren in San Francisco and taking cruises to many foreign ports and exotic locations. The Judge also plays at golf and is a fan of most other sports.

Legal Experience

Employment
Insurance
Consumer Class Actions
Business
Professional Liability
Personal Injury
Real Property
Public Entities
Federal Claims
Professional Liability
Qui Tam
IP
Jones Act/Maritime

Representative Case Information

Recent Representative Cases

Business/Commercial

Complex Commercial

Claims in multiple states/venues involving disputed business/partnership status and dissolution over >20 year relationship; involved significant IP and complex legal/fact/tax issues
Trustee in bankruptcy suit against bank for conversion of estate assets; complex factual and legal issues regarding loans and secured financing

Consumer Class Action

Consumer class action challenging service tax by City on mobile devices; Multi-session; complex issues; seven figures including tax relief
Two class actions involving two different but related claims of breach of fiduciary duty and negligent/intentional misrepresentation in curriculum at higher educational institution. Multiple parties and sessions; complex primary and excess coverage, factual and legal issues; involved multiple layers of coverage, consent and eroding policy concerns.
Multi-state class action -- Claims that defendant company operated in multiple states as collection services partner in violation of states' collection and property management laws; tax laws and multiple insurance coverage issues; multiple sessions over extended time period; jurisdictional and venue issues;

Contractual

Breach of contract; 8 figure post-judgment resolution reinstating original contract; complex legal/appellate and technology issues; multi-session (9 months)
Resolution of claims among multiple family members related to interpleader of insurance death benefits
Dispute between religious organizations over bequest of personal and real property
Commercial lease dispute between landlord and major tenant; lease terms; rent; tenant improvement allowances; deferred maintenance and capital improvements for commercial center

Insolvency

Bankruptcy adversary proceeding involving fraudulent transfers, preferential transfers, breach of contract, negligence and breach of fiduciary duty
Chapter 11 issues involving multiple entities, developments, lenders and investors; complex and extended time, financial, legal and factual issues; developments covered decades; multiple sessions over several years
Claims by trustee in bankruptcy against debtor for misuse of estate assets
Bank failure resulting in litigation in and out of bankruptcy; shareholder derivative suits/trustee recapture/preference claims against professionals/individuals/businesses/insurance companies; professional liability claims against attorneys/accountants; complex federal/state statutory legal and factual issues; coordinating in excess of 40 attorneys

Construction

Construction Defects

Claims of construction defects arising from remodel of multi-million dollar residence; multi-party, issues and complex factual and legal disputes with significant coverage claims

Employment

Whistleblower Wrongful Term

Qui Tam/False Claims Act; claims against national company alleging false claims for payment; multiple parties; complex issues

Wrongful Termination

HUNDREDS OF CASES in the last six years involving the full spectrum of employment related Federal/State wrongful termination claims: FEHA; ADA; qui tam; sexual harassment; failure to accommodate; failure to engage in interactive process; pregnancy; family leave; retaliation; wages; individual PAGA and virtually every other category of employment case

Environment

Environmental Issues

Environmental claims; public tidelands lease terms and conditions; multi-party/issues

Govt./Public Agency

Regulatory

Qui Tam claims of diversion of public funds; multi-session (1+ year); multi-party; complex forensic accounting issues

Insurance

Bad Faith

Insurance bad faith claims regarding indemnity by plaintiff to third party arising from different interpretation of policy provisions; multiple parties; complex and multiple coverage and legal issues

Coverage

Claims against insurance company arising out of wild fires and partial destruction of property; coverage and additional insured issues; complex factual and legal disputes

Professional Malpractice

Medical Mal Dental

Claim for negligent dental treatment during routine procedure; multiple sessions; difficult consent and insurance issues

Professional Malpractice Legal

Complex multi-plaintiff (35)/defendant (7) entities and multiple individual defendant parties; investment/development/fund control issues; complex professional liability and insurance coverage issues; multiple sessions over 1 year
Claims of attorney conflict and breach of fiduciary duty and duty of loyalty; bad faith claims and insurance coverage issues; multiple sessions plus separate conferences
Claims by client against attorney for negligent legal and tax advice regarding investment decisions.

Real Estate

Eminent Domain

Inverse condemnation arising from subsidence of shoreline; multiple sessions and parties

Home Owners Association

Pre-filing mediation regarding allocation of remediation fund for repairs to commercial and residential condominiums; multiple parties and sessions with complex factual and construction issues

Real Property

Class action by mobile home residents arising from efforts by City to evict occupants; claims versus the City for violations of the California Mobile Residency Law; multiple post-trial sessions; multiple and complex legal and insurance coverage issues
Multi-party and HOA dispute over repairs/maintenance and responsibilities for same in commercial and residential development; multiple sessions over more than one year; complex individual and HOA issues; complex factual and real property questions; significant insurance coverage issues
Suit to establish lien rights and priority regarding refinance of purchase money loan; complex legal issues; detailed factual events

Transaction

Claim for damages for breach of contract and fraud arising out of loan modification and representations regarding trustee sale; complex legal and factual issues surrounding foreclosures

Tort

A.D.A Act

ADA; Fair Housing Act; US Constitution; claimed discriminatory conduct against multiple group residential/sober living homes by City in violation of federal law; multiple parties and sessions (6+mos); complex issues
ADA consumer class action arising from issues of disabled access to Fly Away facility and transportation services to/from LAX; injunctive relief
ADA consumer class action by disabled re access to public facilities and events; multi-party/issues; multi-session (5 years); injunctive relief, damages and attorney fees; complex legal and remediation issues; involved issues surrounding 2003 Super Bowl
ADA class action centered on national chain failing to accommodate employees disabilities
ADA class action involving disability access to facilities of major hotel chain

Catastrophic Injury

Catastrophic injuries to 5 passengers in military helicopter which collided with power lines; multi-party; multi-session (over 1 year); multi-group/separate sessions; complex flight engineering and medical issues
Catastrophic injury including brain trauma to mid-30s professional whose car was t-boned at 40+mph by company employee not properly medicated

Civil Rights

Historic civil rights case against police officers and cities arising from a well known murder case; high profile/publicity; multi-party; multi-session; complex issues
Civil Rights (1983) excessive force; Officer involved shooting of plaintiff after high speed auto/foot chase; plaintiff is C-5 Asia A quadriplegic requiring life care plan; plaintiff also charged with multiple felonies and convicted of evading law enforcement

Mass Torts

Mass tort/consumer claims of injury and property damages against City by individual residents of multi-party (350 plaintiffs); multi-issues/sessions; complex issues; insurance coverage issues

PI Auto

Catastrophic injury of minor struck by car driven by company employee; life care plan with special needs trust and structure

PI Sexual Molestation

Allegations of personal injury/sexual molestation/child abuse during school
Personal injury/sexual molestation claims against employer over an extended period of time; significant insurance issues
Personal injury/sexual assault allegations against students in educational institution; insurance coverage issues

Product Liability

Claims of personal injury; product liability; fraud; breach of fiduciary duty; conspiracy claims against doctor, UC Regents and medical device provider; multi-session/parties; case settled with doctor and UC Regents; seven figures

Wrongful Death

Civil Rights (1983) excessive force; negligence; wrongful death & Dillon claims; law enforcement shooting witnessed by surviving minor children; joint powers
Wrongful death of 9 year old child and multiple physical and emotional injuries to 12 adults and children resulting from government vessel collision with private boat during boat parade; complex medical and nautical issues; multi-party; multi-session (1+ year); multi/extensive individual (family home) and group sessions
Resolution of multiple claims related to interpleader of insurance death benefits. Claims involved minors and adults involved in a catastrophic auto/truck high speed collision.
Claims of negligence and wrongful death against doctor and medical facility related to treatment of patient in emergency care
Claims against doctor for negligence during routine surgery leading to death of patient; significant consent and insurance disputes

Neutral Profile