Hon. William McCurine, Jr., Ret.

Discrimination

• Mediated scores of employment cases, both on the bench and as a neutral, involving class actions, PAGA claims, wrongful termination, FEHA violations, discrimination, harassment, and breach of contract. These matters spanned various industries, including medical, education, technology, manufacturing, and hospitality, and were filed in both state and federal courts.
• Mediated a case in which the claimant alleged constructive termination and failure by the employer to engage in the interactive process during the COVID-19 pandemic.

Wage and Hour

• Mediated a virtual employment dispute involving claims of wage and hour violations and breach of contract related to stock options.
• Mediated a case involving wage and hour claims and PAGA allegations against a private school for special needs students.

Wage and Hour Class Action

• Mediated a wage and hour action, including PAGA claims, involving a major manufacturer and retailer.
• Mediated a wage and hour class action involving a tree trimming and brush clearing company.
• Mediated a case involving a terminated employee of a charter school who alleged wage and hour violations and asserted PAGA claims.

Whistleblower Wrongful Term

• Mediated a case involving a high-performing female employee who alleged wrongful termination based on gender discrimination and whistleblower retaliation.

Wrongful Termination

• Mediated scores of cases involving wrongful termination and claims for back wages across a range of sectors, including sales and marketing firms, software and IT companies, municipalities, religious organizations, and educational institutions.
• Mediated a virtual employment dispute involving a former IT specialist and assistant pastor who alleged wrongful termination. The defense asserted the ministerial exception.
• Mediated a case in which church workers alleged wrongful termination and wage and hour violations.
• Mediated a wrongful termination case involving allegations of “cancel culture,” in which the employee claimed to have been falsely accused of being a white supremacist.
• Mediated a case in which a worker at a religious organization alleged he was an employee rather than a volunteer and claimed entitlement to minimum wage compensation.
• Mediated a case in which an athletic coach and a professor alleged retaliation and failure to accommodate.

Environmental Issues

• Mediated a complex, multiparty water rights dispute involving upriver versus downriver usage, allocation of cubic feet of water for agricultural purposes, and the right to construct a dam or alter water flow for irrigation.
• Mediated a dispute between a commercial tenant and property owner involving alleged subsurface PCE contamination from a dry cleaning business in a strip mall. The case involved contested liability, damages, and complex insurance coverage issues.
• Mediated a lawsuit between community members and a school district over plans to rebuild a school, focusing on environmental concerns including air quality, greenhouse gas emissions, and hazardous materials. .

Antitrust

• Served as the neutral in a multi-party antitrust and intellectual property case, overseeing nearly three years of intensive discovery dispute hearings.

Breach of Contract

• Mediated a business dispute in which majority shareholders were accused of orchestrating a short-form merger to deprive minority shareholders of value, leaving them with worthless stock.
• Mediated a complex three-party commercial dispute involving allegations of breach of contract, breach of fiduciary duty by an LLC member, and slander of title concerning a large tract of developable land.

Copyright Matters

• Mediated a virtual dispute in which musicians alleged that a music company misappropriated their work and violated their copyright.

Employment Issues

• Mediated, both on the bench and as a neutral, scores of employment cases filed in state and federal courts involving class actions, PAGA claims, wrongful termination, FEHA violations, discrimination, harassment, and breach of contract across the medical, educational, technology, manufacturing, and hospitality sectors.
• Mediated a complex wage and hour class action with the participation of the U.S. Department of Labor.

Environmental

• Mediated wage and hour class action involving 1000+ CA residents and a California corporation with Statewide presence.

Patent Issues

• Mediation of claims of infringement of design and utility patents and trade dress by national manufacturer of cell phone accessories claiming knocking off of patents and marks.

Bad Faith

• Mediated a dispute between an insurer and insured regarding the insurer’s alleged failure to cover wildfire-related damage to crops, farm structures, and equipment.
• Mediated numerous cases involving allegations of child molestation and related insurance coverage disputes, primarily involving religious institutions and educational organizations.
• Mediated a case involving claims of bad faith for denial of coverage of a cancer insurance policy.
• Mediated a multi-party complex first party coverage case involving a recycler under the Bottle Bill, Cal. Pub. Res. Code § 14572(d)(1)

Coverage

• Mediated a case involving allegations that a title company breached its duty to the insured by failing to process a claim in a timely manner and issuing a settlement check that was subsequently rejected.

General IP

• Mediated a case involving a failure to pay royalties under a Royalty Agreement in connection with drugs sold by a major pharmaceutical company

IP Copyright

• Mediated a copyright infringement dispute involving a national provider of malware and privacy protection software.
• Arbitrated a matter involving alleged multiple infringements of copyright and trade dress as well as breaches of contract with counter-claim for breaches of fiduciary duty, fraud, and failure to pay.
• Mediated a case involving claims of copyright infringement and slander of title related to certain entertainment audiovisual productions.

IP Patent

• Handled scores of intellectual property cases—both on the bench and as a private judge—involving patent, trademark, and trade dress infringement across diverse industries, including music, entertainment, manufacturing, apparel, pharmaceuticals, and technology.

IP Trade Secrets

• Mediated a dispute among former LLC members involving allegations of breach of contract and breach of fiduciary duty in the operation of the company.
• Mediated a case in which the plaintiff alleged that the defendant misappropriated trade secrets, including a customer list and proprietary manufacturing processes.

Medical

• Mediated a dispute in which a patient sued a physician over an allegedly improper surgery that resulted in lifelong medical complications.
• Mediated a case in which the heirs alleged that a hospital’s failure to follow proper care instructions resulted in the patient’s death.
• Mediated a medical malpractice case in which a physician allegedly prescribed a medication that interacted adversely with an over-the-counter cold and flu remedy, resulting in severe injury to the patient.
• Mediated a malpractice case in which a pharmacist was sued for allegedly failing to warn the patient against consuming alcohol while taking prescribed medication.
• Mediated a case involving allegations that a pharmacy failed to provide required consultation on a prescribed drug, which allegedly caused severe side effects.
• Mediated a case involving a minor who was burned during a medical procedure.

Legal

• Mediated a dispute between a client and former law firm involving allegations of legal malpractice related to patent matters.
• Mediated a legal malpractice case in which the defendant was alleged to have failed to provide proper advice in connection with a wage and hour class action.
• Mediated a legal malpractice case in which the plaintiff alleged that defense counsel’s failure to designate a premises liability/causation expert resulted in an adverse trial outcome.
• Mediated a legal malpractice case in which the plaintiff alleged that defense counsel’s failure to designate a premises liability and causation expert led to a trial loss.
• Mediated a legal malpractice case in which an attorney was accused of entering into a business relationship with a client in violation of Rules of Professional Conduct 3-300 and 3-310.
• Mediated a case involving allegations of financial elder abuse. The matter was successfully settled.

Breach Of Contract

• Mediated a case in which a real estate investor alleged fraud in both a property transaction and a related real estate partnership.
• Mediated a dispute concerning a landlord’s obligation to construct a sewer line under the terms of a ground lease.
• Arbitrated a dispute over whether the seller had the right to cancel a real estate purchase agreement based on the buyer’s alleged failure to perform.
• Mediated a case in which the plaintiff alleged that the landlord improperly allowed her estranged boyfriend to enter the apartment, resulting in theft of personal property and fear of future bodily harm.
• Mediated a case involving a co-habiting couple who broke up after they bought a house together.

Home Owners Association

• Mediated dispute between HOA and homeowner in which homeowner claimed the HOA had violated the governing rules.
• Mediated a dispute between a condominium owner and the HOA regarding the owner's claim to two parking spaces instead of one.
• Mediated a case in which a homeowner alleged that the HOA board violated the CC&Rs and sought to hold board members personally liable for specific community repairs.
• Mediated a case in which a unit owner sued the HOA for property damage allegedly caused by failures in the maintenance of common areas.

Landlord/Tenant

• Mediated a case involving five or more tenants in an apartment complex who alleged they were wrongfully evicted based on racial discrimination.

Neighbor Dispute

• Mediated a boundary dispute between neighboring property owners.

Real Property

• Mediated a property boundary dispute involving allegations of tree destruction along the contested line.
• Mediated a dispute involving an investor’s alleged breach of a contribution agreement and a developer’s alleged breach for failing to make adequate project progress.
• Mediated a case in which the defendants claimed entitlement to an easement over the plaintiff’s property.

Warranty of Habitability

• Mediated a case in which the plaintiff alleged retaliatory eviction after reporting mold conditions in his apartment.

Assault and Battery

• Mediated case where Plaintiff was injured by a school bully. Plaintiff alleged the school district failed to prevent the bullying and negligently supervised students, allowing it to occur.
• Mediated case involving Plaintiffs assaulted by a client of a large charitable organization; one Plaintiff sustained multiple stab wounds.
• Mediated a personal injury case for assault and battery arising from an altercation between two former friends.
• Mediated a case where the parents alleged that the child was assaulted by their teacher and the school retaliated against the parents for complaining.

Business Torts

• Arbitrated a commercial dispute in which corporate Plaintiffs alleged intellectual property infringement, breach of contract, and common law fraud against a significant minority stakeholder in the Plaintiff LLC. The LLC had two members—one based in California and the other in China—and the disputed IP involved the design, manufacture, and sale of high-end commercial products in the crafts industry.
• Arbitrated a complex commercial dispute involving allegations of theft of proprietary information and fraud. Claimant, an American company, sued Respondent, a Chinese company, pursuant to a written arbitration agreement.
• Arbitrated a dispute between national and international companies involving allegations of theft and misuse of intellectual property.
• Arbitrated a cross-border dispute between U.S. and Chinese companies involving allegations of contract breaches and theft of intellectual property.
• Arbitrated a joint venture dispute between Chinese and American companies. The American company alleged theft of intellectual property, while both parties accused each other of multiple breaches of contract and fraud.
• Arbitrated a dispute between a Chinese company and a California company arising from a joint venture, involving allegations of intellectual property theft.

Catastrophic Injury

• Mediated an air crash case involving three fatalities and two individuals with catastrophic injuries.
• Mediated a maritime injury case involving a crewman injured while moving heavy metal plates at the direction of a deck officer. Despite the ship being in port, a swell caused the plates to fall on two workers, resulting in a fractured hip. Plaintiff alleged unseaworthiness and sought recovery under the Jones Act.
• Mediated virtually a personal injury case involving a job site accident. Plaintiff sued the general contractor and a subcontractor for alleged negligence.

Civil Rights

• Mediated a case involving claims of due process and equal protection violations arising from police enforcement of a municipal statute.
• Mediated numerous civil rights cases involving allegations against law enforcement, ranging from claims of minor to severe physical injuries and emotional distress.
• Mediated a case involving allegations of an unconstitutional blood draw conducted by law enforcement.

Defamation

• Commercial case involving trade libel, defamation, and unfair business practices between competitors in the same market.
• Complex case involving claims of business libel and fraud. There is a companion federal case not involved in this action.
• Complex business dispute with multiple discovery issues.
• Discovery referee in a case where Plaintiff alleges a violation of Section 1 of the Sherman Act due to an illegal restraint of trade by denying access to medical patients.
• Mediated a virtual defamation dispute between neighbors.

Elder Abuse

• Mediated an elder abuse case involving allegations of undue influence over a deceased elderly father. Petitioner claimed the defendant improperly received trust assets while the decedent lacked mental capacity.
• Mediated a family dispute involving allegations that a daughter defrauded her mother in the sale of the mother's home and wrongfully attempted to evict her from the new home purchased with the sale proceeds.

General Negligence

• Mediated a civil rights case in which the Plaintiff alleged over-detention in state prison.

Maritime Law

• Mediated dispute involving seaman who was left in tank filled with toxic material.

Personal Injury

• Mediated an injury case where an electric saw fell from a height onto the Plaintiff's head, despite the Plaintiff wearing a hard hat. No contributory negligence was alleged.
• Mediated a case in which a dog broke from its leash and playfully jumped on a senior citizen, who suffered injuries.

PI Auto

• Mediated and arbitrated numerous personal injury matters, Judge McCurine brings extensive experience in cases involving insurance coverage, bad faith, catastrophic injuries, and wrongful death.

PI Sexual Assault

• Mediated a case in which a company was sued over an alleged sexual assault committed by one of its drivers.
• Mediated a sexual assault case that occurred at the facility of a 501(c)(3) California nonprofit corporation.
• Mediated a case involving the sexual assault of a Native American girl during a tribal-sponsored field trip, with tribal immunity as a central legal issue.

PI Sexual Molestation

• Mediated a case involving allegations that a female high school teacher sexually molested multiple male students.
• Mediated a sexual molestation case against a school district involving child-on-child abuse. The case resulted in a settlement.
• Mediated a sexual molestation case involving an elementary school teacher accused of molesting two boys at different times.

Premises Liability

• Mediated a case in which a parent alleged that the school district failed to follow the student’s IEP, resulting in significant injury to their child with cerebral palsy.
• Mediated a case in which the plaintiff, an electrician performing onsite work, suffered a traumatic brain injury after falling through a skylight at a commercial building.
• Mediated a case involving multiple defendants, where the plaintiff sustained serious injuries due to an alleged dangerous condition.
• Mediated a case in which tenants alleged lost income and health issues due to mold exposure in a rented home.

Workers Compensation

• Mediated a personal injury case involving a workplace injury, which included a workers’ compensation lien and a subrogation claim.

Wrongful Death

• Mediated a wrongful death dispute brought against a municipality and its police officers for allegedly administering a chokehold that resulted in the death of a 21-year-old suspect.
• Mediated dispute brought against municipality and its police officers for the wrongful fatal police shooting of 19 year old.
• Mediated a wrongful death case involving a municipal on-duty police officer who fatally shot a female passenger in a stolen rental car. The incident occurred after a high-speed police pursuit ended in a cul-de-sac. The decedent was aware the vehicle was stolen and had a history of drug use, though she was not under the influence at the time.
• Mediated a wrongful death case involving a detainee who died in custody after not being hospitalized.
• Mediated a wrongful death case involving a female inmate murdered by her cellmate after repeated requests for a cell change due to threats of violence.
• Mediated a case involving school security guards who restrained a man under the influence of PCP; he died five days later.