Derek A. Simpson

Derek represents clients in the medical device and construction fields. He also handles commercial litigation matters for businesses, including trademark disputes, contract actions, and misappropriation of trade secrets matters. Following are examples of matters that he has recently handled: 

        Recent Representations

• Representing a design professional firm in a matter arising out of the construction of a multi-million dollar residence built for Joseph Francis and later sold to Rudy Tomjanovich.
• Defended an architect in a professional liability matter, successfully moving for summary judgment on plaintiff's claim.
• Represented homeowners in a trial involving nuisance and trespass claims in San Luis Obispo County.
• Defended a leading cardiovascular product manufacturer at trial involving a hemostasis introducer sheath. Plaintiff and her husband sought approximately $1.5 million in claim stemming from an atrial flutter ablation procedure. Complications during the procedure required open-heart surgery. Plaintiffs alleged the sheath was defectively designed and manufactured. Jury returned a unanimous verdict in favor of manufacturer.
• Coordinating California-based Nycote Laboratories Corporation’s trademark prosecution in Australia against a Sydney-based company.
• Representing Penn Engineering Components in employment matters, including obtaining workplace violence injunctions and internal investigations.
• Representing a defendant property developer in toxic tort lawsuits brought by over 100 plaintiffs who accuse an engineering and testing company of contaminating the groundwater with TCE and other chemicals at a site located in Norco, California. Exposure is alleged to have occurred due to vapor intrusion into plaintiffs’ homes from the groundwater.
• Represented an insurer in the four-week trial of a bad faith action involving a sound recording studio that was destroyed by a natural gas explosion and fire. The plaintiff claimed the entire $11 million policy and sought to recover punitive and extra-contractual damages.
• Defended the son of a rheumatologist in a trial involving a seven-figure personal-injury claim where the plaintiff underwent cervical spine surgery and claimed future surgery for thoracic outlet syndrome. The jury awarded no medical damages and the court entered judgment against the plaintiff for over $20,000 in defense costs. The Court of Appeal affirmed the award and the plaintiff paid the judgment in full.