Timothy M. Flaherty

Mr. Flaherty is an experienced trial and appellate lawyer who specializes in business, commercial and real estate litigation, as well as counseling to avoid litigation. He has represented clients ranging from Fortune 50 companies to individuals in a wide variety of disputes and forums. For example, he has represented property owners, property managers, landlords, tenants, retailers, business owners and contractors in a diverse mix of actions including: claims involving purchase agreements, leasing, property management, premises liability, mechanics lien, construction defect, environmental contamination/CERCLA, rent control, secured transactions, contracts, business torts and collections. Mr. Flaherty has tried to a court, jury or arbitrator, real estate, unlawful detainer, breach of lease, contract, fraud, ERISA, employment, distributorship, consumer class action, and collection matters.

On behalf of financial institutions, Mr. Flaherty has handled cases in the following areas: collection of secured (real and personal property collateral) and unsecured debt including bankruptcy; disputes re letters of credit; claims of lender liability where borrower asserted bank took "control" of the company through various loan work outs; claims arising from operational issues such as honoring checks with forged signatures or with less than required number of signatures; Truth in Lending claims; and claims against bank acting as escrow agent.

Mr. Flaherty also has substantial experience handling product liability matters for manufacturers, distributors and retailers. Mr. Flaherty’s experience includes handling California class action and coordinated proceedings and federal multi-district litigation. For example, he recently and successfully represented a national retailer in multi district litigation involving eye drops by obtaining a dismissal and no liability or payment to plaintiffs. He currently is handling numerous Life Sciences matters in San Francisco and Alameda Superior Court involving pharmaceuticals. His experience also includes representation of manufacturers and distributors in product liability claims involving medical devices.

Mr. Flaherty has also had consistent success with mediation and is known for his ability to settle disputes quickly and efficiently. 

        Reported Decisions

• Mitchell v. Bankfirst, __F.3d__ [27 Fed. Appx. 843] 2001 WL 1485854 (9th Cir, Nov. 21, 2001) – case held Bank not required to disclose membership organization’s termination notice provision as a termination charge under the Truth in Lending Act.
• Keimer v. Buena Vista, 75 Cal. App. 4th 1220 (1999) – case of first impression established cause of action for unfair business practices against book publisher not barred by First Amendment.
• Collins v. Bankfirst, 1998 U.S. App. LEXIS 24555 (1998) – case held Bank did not violate Truth In Lending Act by omitting matters in initial disclosure to consumer.
• 3550 Stevens Creek Associates v. Barclays Bank of California, 915 F.2d 1355 (9th Cir. 1989) – case of first impression held no cause of action exists under CERCLA for removal of asbestos building materials.
• Building Service Employees Pension Trust v. American Bldg. Maintenance Co., 828 F.2d 576 (9th Cir. 1987) – case held settlement agreement may be subject to rescission due to opposing counsel’s mathematical errors in calculating interest demand.