Thomas Sharkey has been an active trial lawyer for over 50 years, handling a wide variety of cases in state and
federal court. During his career, he has tried hundreds of cases, including personal injury, products liability,
professional negligence (legal, medical, dental, accounting, real estate), insurance bad faith and insurance
coverage, construction, employment, real estate, securities, aviation and business/commercial matters. He began
his Alternate Dispute Resolution (ADR) practice in 1989, focusing on mediations, arbitrations, and serving as a
special master in complex matters as well as a discovery referee. He has extensive mediation training including
the Advanced Mediation Workshop at Pepperdine University. He has served as a Judge Pro Tem in the San Diego Superior
Court. He has successfully mediated over 2,700 cases and has served as an arbitrator in approximately 75 cases
in a wide variety of matters.
When not working as an ADR professional or engaged in various legal bar association activities, Mr. Sharkey enjoys
spending time with his family (wife, children and grandchildren), reading (history and biographies), investing
(stocks/bonds/real estate), personal fitness (home gym) and flying private airplane (private pilot/instrument rated).
Mr. Sharkey has a good even handed approach and calm demeanor.
- Attorney, Santa Ana, CA
Mediator in crash of turboprop aircraft resulting in multiple deaths
Mediator in crash of private aircraft on final landing approach due to wake turbulence/pilot error resulting in death of pilot and severe injuries to passenger
Mediator in crash of private aircraft due to icing resulting in death of pilot and passenger
Mediator in crash of private aircraft in Mexico resulting in two deaths and injuries to two passengers
Mediator in case involving wire strike by helicopter on pleasure flight at Catalina resulting in two severe injuries
Mediator in case involving helicopter crash during training flight resulting in death of pilot and severe injury to student
Discovery master and mediator in complex suit by multiple plaintiffs against title insurance company regarding sale of condominium units
Mediated multi-million-dollar business dispute between competing international travel agencies
Arbitrated high-stakes business dispute involving termination of CEO and buyback of CEO's stock in computer software LLC dissolution
Construction Breach Of Contract
Discovery referee in construction defect case regarding multi-million-dollar residence and claims against general and sub-contractors involving indemnity and additional insured insurance issues
Arbitration of a wrongful termination dispute of a vice-president of a for-profit university who alleged retaliation for his whistle-blower complaint re: violations of Dodd-Frank and Sarbanes-Oxley statutes.
Wage and Hour
Served as mediator and arbitrator in numerous cases involving claims of wrongful termination, sexual harassment/retaliation, wage and hour, meal breaks, rest breaks and PAGA claims
This is a bad faith case against an insurance carrier for failing to provide coverage for loss to an apartment building HOA under the "additional collapse" coverage of the policy
Mediated damage and bad faith claim by the insured against insurer for damage to building caused in a fire and insurer's claim of policy rescission because of alleged policy application misrepresentations by the insured.
IP Trade Secrets
Mediated a dispute between employer and former employee regarding claims of wrongful termination, unfair competition, and misappropriation of trade secrets
in violation of California Uniform Trade Secret Act.
Mediated dispute between tenants-in-common owners of large office/commercial property
Discovery referee in medical malpractice case against hospital and physicians
Professional Malpractice Legal
Discovery referee in complex suit to collect multi-million-dollar judgment involving claims of fraudulent transfer of property and alter ego claims
Breach Of Contract
Arbitrated suit seeking rescission/damages between seller and purchaser/developer of parcel of raw land
Special master in case involving closure of 500-unit Mobile Home Park by City of San Diego and payments of benefits pursuant to MRL law
Mediator in case of multiple injuries and deaths resulting from collapse of construction canopy over sidewalk involving complex primary/excess insurance issues
Mediated case against public entity for dangerous road condition when car ran off road while traversing a curve resulting in catastrophic injuries to passenger
Mediated complex case including seven-figure claim for damages by student expelled from university for alleged cheating in an examination which was reversed by the appellate court on petition for writ of mandamus on due process grounds.
Served as mediator and arbitrator on numerous cases involving claims of elder abuse/financial abuse against health-care providers
Mediated case involving serious injuries to a passenger on a "party bus" returning from a wine-tasting trip when passenger was dancing on the
moving bus. The legal issue involved whether a "party bus" is a common carrier or a private charter.
Mediator in numerous malpractice cases against doctors, hospitals and lawyers alleging negligence and breach of standard of care
Mediator in case involving injuries to pilot and student against aircraft rental company
Mediated and arbitrated numerous UM/UIM cases
Mediated case against public entity and its subcontractor when trolley passenger fell at construction site and was injured resulting in paraplegia, including complex primary/excess insurance issues
Discovery master and mediator in complex product liability suit against medical device manufacturer and malpractice claim against physician who used the device during surgery
Discovery master and mediator in 500 coordinated cases regarding claims against medical device manufacturers including complex primary/excess insurance issues