Victor E. Bianchini - Judicate West

Introduction

Judge Bianchini was appointed a Federal Magistrate Judge for The Southern District of California in 1974. After 8 1/2 years of service, he was appointed to the State Court Bench. He retired from the Superior Court in San Diego to pursue his passion for mediation as a full time neutral in 2002. He was later recruited by the Federal Courts in New York as a settlement judge for complex civil litigation and prisoner civil rights matters. During his tenure on both the state and federal benches, Judge Bianchini mediated more than 3,500 cases ranging from simple to multi-issue complex matters. Among his settlements are many multi-million dollar verdicts in complex cases ranging from patent cases to class actions. Judge Bianchini is known to be an advocate for the settlement process while using a warm and caring approach. Many clients praise him for not giving up and truly exploring every avenue for possible settlement. One client said, "he is a wonderful person, knowledgeable, and an extremely effective mediator".

Specialties

Testimonials

Judge Bianchini was as good as gold in getting the other side's decision makers who were entrenched to move from their positions.
- Attorney, San Diego, California

Judge Bianchini displayed kindness and compassion during a long and difficult mediation. We hope he continues to serve in the capacity as a mediator so that he may continue to help make positive changes in peoples' lives, as he has done for us.
- Attorney, San Diego County, California

Experience Summary

Legal Career

2007-2011 US Magistrate Judge North & Western Districts of New York
U.S. Magistrate Judge, Western District of New York (part-time) (2002-2007)
Full-Time Mediator, Arbitrator and Private Judge, Judicate West, (2002-2007)
Superior Court Judge, San Diego (1998-2002), County-wide Settlement Judge and IC Overflow Trial Judge
Municipal Court Judge, El Cajon, California (1982-1998), Presiding Judge (1993, 1997 & 1998)
U.S. Magistrate, Southern District of California (1974-1982)
Military General Courts-Martial Judge, U.S. Marine Corps Reserve (1984-1987)
Administrative Law Judge, Agricultural Labor Relations Board (1979)
U.S. Commissioner, Southern District of California (1968-1969)
Professor, National University/Thomas Jefferson School of Law (1976-2002)
Law Offices of Victor E. Bianchini, General Practice (1968-1974)
Associate Professor, San Diego State University, (1968-1974)
US Marine Corps Reserve, Colonel (1959-1991), Vietnam Combat Service (1965-1966)
Law Clerk to Chief Judge James M. Carter, Southern District of California (1963-1964)

Education & Professional Affiliations

JD – University of San Diego
BA – Political Science, San Diego State University (1960)
Certificate in Alternative Dispute Resolution, National Judicial College (2001); Extensive formal mediation training, Pepperdine University
Senior Fulbright Scholar to Country of Eritrea, Sub-Saharan Africa, and Consultant to Minister of Justice (2002)
Associate Professor, Legal Advisor, International Student Advisor, San Diego State University (1960)
Naval Justice School (1970)
San Diego County Bar Association, Chair Ethics Committee (1973)
Military Judges’ School, University of Virginia, (1983)
Chairperson, Criminal Justice, Law & Public Administration Dept., National University, Lead Faculty, 1978, 1986-1989.
Member, National University Faculty Senate, (1997)
Member, Faculty and Faculty Council National Judicial College (1994-1998)
Traveled to Kazakhstan and Kyrgyzstan consulting to educate judges and to establish mediation programs in court and with governmental agencies for the National Judicial College (1998)
President, San Diego County Law Library Board of Trustees (1993, 1995)
President, San Diego County Law Library Foundation Board of Trustees (1993-1995)
Federal Judicial Center Mediation Skills Program for U.S. Magistrate Judges (2003, 2012)
Pepperdine Mediation Seminars, Standard & Advanced (1998, 2000, 2012)
Certificate in Judicial Development and Alternative Dispute Resolution, National Judicial College (1998-2000)
President, Marine Corps Recruit Depot Museum Historical Society (2007-2009)
President, Marine Corps Reserve Officers Association, San Diego Chapter (2001)
Vice President, Treasurer, Director, San Diego County Bar Association Board of Directors (1978-1980)
Chairman, Board of Visitors, University of San Diego School of Law (1977), Member, (1975-1978).
San Diego Lawyer Magazine Editorial Board (2004-Present)

Achievements & Awards

Consumer Attorneys of San Diego Judge of the Year (2007)
President’s Award for Teaching Excellence in Evidence, Consumer Attorneys of San Diego (1992)
“Volunteer of the Year,” Mt. Carmel High School, Poway School District (2006)
“Trial Judge of the Year” Awarded by the San Diego Trial Lawyers Association (1992)
“President’s Award,” awarded by the San Diego Trial Lawyers Association for educational contributions as Lecturer in CLE Subjects (1991)
“Special Recognition Award” by San Diego Trial Lawyers Association for educational contributions as Lecturer in CLE Subjects (1988)
Special Award for Educational Contributions, San Diego Trial Lawyers Association
“Legal Professional of the Year,” Foothills Bar Association (“Big Footie” (as in “Foothills” Award of the Foothills Bar Association, East County Lawyers) (2001)
Family Law Judge of the Year awarded by Foothills Bar Association & El Cajon Superior Court (2002)
"Outstanding Professor" award, National University (1979)
"Legion of Merit" for exceptionally meritorious conduct in the performance of outstanding service, United States Marine Corps for service during "Desert Shield/Desert Storm," while in Washington, D.C. (1991)
"Bronze Star" with Combat "V" for meritorious achievement in connection with operations against an opposing armed force in Vietnam, United States Marine Corps (1965-1966)
"Air Medals" (3) for meritorious achievement while participating in aerial flights involving conflict with an opposing armed force in combat in Vietnam, United States Marine Corps (1965-1966)

Hobbies & Interests

Judge Bianchini and his wife travel frequently, visiting their daughter in Lexington, Virginia where she is a law student at Washington & Lee School of law. He has two daughters from a previous marriage - one is a Special Agent for the FBI, and his oldest daughter resides in New Zealand where she is a Digital Producer for the New Zealand and Hollywood movie industry. He enjoys volunteer work and is involved in many foundations. He is extensively involved in the sport of Sabre Fencing and was ranked 6th in the World in 2011. Judge Bianchini is the current U.S. National Champion in Veteran's Sabre Fencing - 2012 to 2013.Judge Bianchini has an extensive aviation background. In addition to his assignment with the 1st Marine Aircraft Wing in Vietnam as a helicopter crewmember, he is a commercial, single and multi-engine instrument rated pilot, and a rated captain in the Cessna Citation (C-500) twin engine business jet. He is also a rated commercial helicopter pilot and a long-term owner of a Beechcraft Bonanza.In his spare time Judge Bianchini enjoys teaching, playing tennis, golf, playing the piano and tinkering with his vintage BMW motorcycle with sidecar.

Legal Experience

Business/Commercial
Insurance Coverage/Bad Faith
Products Liability
Medical/Legal Malpractice
Civil Rights
Family Law
Mortgage/Foreclosure
Employment & Class Action Suits
Intellectual Property
Securities
Shareholder Suits
ERISA
Highly Sensitive and/or Catastrophic Personal Injury
Americans with Disability Act (ADA)
Homeowners Association Disputes
Jones Act/Maritime
Aviation
Franchise
Professional Liability
Federal Tort Claims Act (FTCA)
Family Law (Property and associated issues only)

Representative Case Information

Recent Representative Cases

Business/Commercial

Contractual

Mediated settlement of claims that arose when a medical company financed the purchase of equipment and allegedly failed to make payments.
Mediated settlement of claims that arose when a business man hired two people to distribute merchandise in the United States and the couple, allegedly, took the merchandise and resold it in various ways keeping all profits.
Mediated settlement of claims that arose when a business partnership dissolved leading to one party harassing the other.
Mediated settlement of malpractice claims against an accounting firm for failing to catch that personnel were embezzling from the non-profit corporation.

Employment

Discrimination

Mediated settlement of claims that arose when employees of a large corporation were harassed due to racial discrimination and were subjected to retaliation for reporting ethical violations.

Negligent Hiring

Mediated settlement of claims that arose when a delivery person embezzled assets of his employer.

Wage and Hour

Mediated settlement of claims that arose when a security guard was not paid for overtime nor travel time, payments made were late and the employer failed to provide him with access to his personnel records.

Whistleblower Wrongful Term

Mediated settlement of claims that arose when a university professor reported problems with the work of another professor and was ostracized and publicly criticized for reporting the problem.

Professional Malpractice

Medical Malpractice

Mediated settlement of claims that arose when medications were mailed to plaintiff allegedly without sufficient care to ensure they were kept at the appropriate temperature and delivered timely which caused significant health problems to Plaintiff.

Professional Malpractice Legal

Mediated settlement of claims that arose when a client alleged that the actual work billed by the defendant attorney was unethically overpriced and overbilled.

Real Estate

Breach Of Contract

Mediated settlement of claims that arose when a contractor was hired to remediate damage from flooding in a residence, but was not paid because his crew and subcontractors caused additional damage necessitating a new contractor be hired.

Real Property

Mediated settlement of claims that arose when a recorded deed of trust was overlooked and went unpaid when the property sold.

Tort

Civil Rights

Mediated settlement of claims that arose when a man was allegedly harassed by a police officer on multiple occasions for pretextual reasons.
Mediated settlement of claims that arose when police officers arrived at a premises and allegedly ordered the owner to accompany him in a search of the premises without a warrant.

Personal Injury

Mediated settlement of claims that arose when a loader ran over a construction worker's foot.
Mediated settlement of claims that arose when a patron of a grocery store slipped and fell on water in the produce section.
Mediated settlement of claims that arose when a dog sitter was attacked by a dog she was taking care of and suffered extensive injuries.

PI Assault and Battery

Mediated settlement of claims that arose when an intoxicated patron was punched in the face by a security guard.

PI Auto

Mediated settlement of claims that arose when a driver failed to yield to a bicyclist crossing in a crosswalk who subsequently fell to avoid collision and was injured.
Mediated settlement of claims that arose when a driver drove into an intersection on a red light and was hit by Plaintiff's vehicle.
Mediated settlement of claims that arose when a dune buggy rolled over causing injuries to all passengers, but liability was contested due to assumption of the risk.
Arbitrated the value of Plaintiff's injuries when her vehicle was struck by Defendant's vehicle that had sped out of a parking area.
Auto Accident involving a defendant fleeing the CHP in a high-speed chase, resulting in an accident injuring a 16 year-old star student resulting in PTSD. Settled in mediation.

Premises Liability

Mediated settlement of claims that arose when a patron at a bar was beaten by security personnel, severely injuring the plaintiff.
Mediated settlement of claims that arose when a bench in a handicapped shower failed and plaintiff suffered injuries in the fall.

Neutral Profile

HON. VICTOR E. BIANCHINI, RET.

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