SAN FRANCISCO CHRONICLE EXPOSE ON GARY W. GORSKI
BAR ADMISSIONS:
U.S. Supreme Court March, 2003
Supreme Court of California December, 1993
U.S. Ninth Circuit Court of Appeals
U.S. District Court, E.D. of California
U.S. Bankruptcy Court, E.D. of California
U.S. District Court, C.D. of California
U.S. Bankruptcy Court, N.D. of California
U.S. District Court, C.D. of California
Supreme Court of Pennsylvania October, 1991
U.S. District Court, E.D. of Pennsylvania
EDUCATION:
Delaware Law School
Widener University J.D. Awarded May, 1991
Wilmington, Delaware
California State University B.S. Awarded May, 1988
Sacramento, California
LEAD COUNSEL ON NOTABLE PUBLISHED OPINIONS:
Anthony v. County of Sacramento, 845 F.Supp. 1396 (E.D. Cal. 1994)
Anthony v. County of Sacramento, 898 F.Supp. 1435 (E.D. Cal. 1995)
Orsay v. U.S. Dep’t. of Justice, 289 F.3d 1125 (9th Cir. 2002)
Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002)(Reinhardt, J)
Silveira v. Lockyer, 328 F.3d 567 (9th Cir. 2003)(six dissents),
cert. denied, 124 S. Ct. 803 (2003)
Hunter v. County of Sacramento, 652 F.3d 1225 (9th Cir. 2011)
LEGAL EXPERIENCE:
United States Supreme Court
Petitions for Writ of Certiorari
James Rothery, et al., v. Lou Blanas, et al., No. 18-121 (Docketed: July 27, 2018).
Sean Silveira, et al., v. Bill Lockyer, Attorney General of California, et al., No. 03-51 (Docketed: July 8, 2003)
Contract Attorney December 1, 1991 - Present
Trial Attorney (Plaintiff and Defense): Unsurpassed experience pertaining to all phases of litigation, particularly in significant and complex cases, from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes.
• Since 1991, responsible for approximately 900 legal files in which an adversarial action was commenced by way of a complaint, arbitration notice, claim or administrative action.
• For each case, personally drafted virtually every pleading, discovery response, discovery request, motion and/or opposition thereto, brief, jury instruction, special verdict and preparation of every exhibit and witness for trial.
• Lead trial attorney on approximately 90 jury trials, and co-chaired on an additional 40 (approximately).
• Litigated approximately 110 cases by way of arbitration or administrative proceeding.
• Personally drafted every appellate brief and prepared the record for appeal.
• Supervised and actively participated in every discovery phase of litigation by determining strategies for depositions, production of documents, requests for admissions, and issuances of subpoenas and subpoenas duces tecum, including document scanning and management.
• Conducted hundreds of depositions.
Insurance and Construction Bond Litigation (state court and federal court under diversity jurisdiction): Trial and Appellate Attorney. Responsible for case management and litigation of construction bond claim cases involving over 100 parties. Auditing of legal billing.
Extensive litigation experience, specializing in construction law and bond claims: - Contract Litigation; Bonding and Insurance Claims Processing and Litigation.
• Claims recovery and bond litigation regarding excessive and disputed payments for non-bonded work outside the scope of the applicable bonds.
• Enforcement of indemnification rights, collateral source recovery actions, and enforcement of Perfecting security interests via indemnity agreement and perfected security interests via a UCC-1 financing statement (Unified Commercial Code-1).
• Management and litigation of bonded claim process.
• Lien enforcement actions.
• Management and litigation of performance bonds.
• Management and litigation of collateral sources of recovery of submitted bonded claims.
• Management and litigation to secure partial or full assignments of bonded stop-notices, including asserting and defending subrogation rights to from lenders under bonded stop notices, beyond expected recovery under set-aside letters.
• Management and litigation on bonded stop notices and related lawsuits filed with the project lenders by claimants who also filed identical claims against payment bonds.
• Management and litigation under maintenance bonds.
• Pursuance of subrogation rights to collect from collateral sources.
• Provided legal representation to clients before courts and arbitration panels in all aspects of litigation.
• Handled and managed litigation files from inception through trial.
• Prepared multiple coverage opinion letters regarding fire damage and mold claims.
• Handled mandatory arbitration hearings regarding auto accidents and denial of insurance coverage.
Extensive federal litigation and appellate experience, specializing in civil rights, employment, and labor law:
• 42 U.S.C. § 1983, Title VII, 1964 Civil Rights Act, as amended, Bivens, 18 U.S.C. §§ 1961-1968 (RICO), 29 U.S.C. § 160(b) and 29 U.S.C. ¶ 185 (Breach of the Duty of Fair Representation), 5 U.S.C. §§ 552 & 552a et seq. (Privacy Act of 1974 and Freedom of Information Act), 28 U.S.C. 2674 (Federal Tort Claims Act). Title VII, the Rehabilitation Act, ADEA, VEOA, USERRA, WPEA, as well as disciplinary actions under Title V, union issues/litigation under the Federal Service Labor Management Relations Act, as well as litigating those matters before the Equal Employment Opportunity Commission (EEOC), Merit System Protection Board (MSPB), Federal Office of Workers’ Compensation, and Federal Labor Relations Authority (FLRA).
Transaction Attorney:
• Transaction attorney relating to residential and commercial development and real estate transactions, entitlements, business formation and planning, business acquisitions and divestitures, as well as multiple areas of dissolution and bankruptcy. Perfecting security interests via indemnity agreement and perfected security interests via a UCC-1 financing statement (Unified Commercial Code-1).
