In a groundbreaking decision, the appellate court overturned years of precedent which denied businesses the right to a jury trial in civil enforcement actions brought by the State of California against businesses. In this matter, the State of California sought tens of millions from a client for alleged unfair business practices and sought to do so without the right to a jury trial. Attorney Ponist successfully argued that trial without a jury violated his clients’ fundamental, constitutional rights, arguing, in part, “California has never afforded parties lesser rights than what they’re afforded under the United States Constitution. That’s never happened. It’s not that you come to California, you might get higher minimum wage, better environmental protections, but when it comes to Constitutional rights, tough luck.”
May 22, 2018
San Diego County Bar Association, San Francisco Bar Association, Scientific Association of Forensic Examiners
A legal education seminar covering expert reports, motions in limine, federal and state expert disclosure, exchange and report requirements as well as litigation tactics at each stage in the process. The program further discussed the seminal Daubert/Sargon decisions as well as how to attack and how to defend an expert’s report and opinions.
The Ponist Law Group defended a laboratory against claims that it had erroneously switched paternity testing results, allegedly inaccurately indicating that one man was the father of the subject child when, according to plaintiff, it was another man. According to plaintiff, this caused “irreparable damage” and “emotional distress.” The Ponist Law Group was able to successfully resolve the matter early for a nuisance settlement.
Orange County Bar Association, San Diego County Bar Association, San Francisco Bar Association (March 27, 2018)
A legal education seminar covering agency and dual agency law in California generally, with an in-depth analysis of the California Supreme Court’s landmark Horiike decision as well as the impact on agency and dual agency responsibilities following the Horiike decision and legislative proposals following the Horiike decision.
The Ponist Law Group represented an elderly client in an arbitration in connection with the purchase of a business and asserted claims for breach of contract, rescission, fraud/misrepresentation and financial elder abuse. Following a multi-week arbitration proceeding, the Ponist Law Group was able to reach a favorable resolution on behalf of our client.
“The Consumer Financial Protection Bureau is set to face its first jury trial in April in what is shaping up to be a critical test of the agency’s authority … Ponist said he hoped to put the bureau’s Choke Point tactics on trial, and prove that the CFPB failed to provide Nationwide with the opportunity to respond to the allegations before it filed its lawsuit. “Our position is that it’s not fair, it’s just not right that the federal government came up with a way to pressure businesses that they do not like, for their own reasons, by putting pressure on their banking partners,” Ponist said. “Rather than giving companies their day in court, what they do instead is threaten [their bank partners] with subpoenas, an investigation, an audit, if they don’t comply.””
Representing multiple families, the Ponist Law Group alleged that a rogue broker of a securities broker-dealer, charged with managing the accounts of their clients, improperly churned the clients’ accounts, excessively traded the clients’ accounts and placed the clients in unsuitable investments. The Ponist Law Group was able to successfully negotiate a settlement for $2.2 million on behalf of their clients.
Nov 9, 2017 Lorman
“Rescission is one of the most powerful remedies available to a party who has suffered damages resulting from breach of contract or fraud. Rescission is one of the few remedies which allows parties to truly be restored to their respective positions before the alleged harm. In this practical seminar, attendees learned how to effectively assert, and defend against, this forceful weapon.”
The Consumer Financial Protection Bureau is set to face its first jury trial in April in what is shaping up to be a critical test of the agency’s authority. The CFPB sued Nationwide Biweekly Administration, in Xenia, Ohio, and its founder Daniel Lipsky in 2015 for allegedly making misleading claims about a program to help consumers pay off their mortgage faster and reduce interest payments. But Nationwide has countered that the CFPB used tactics that resemble Operation Choke Point, a 2013 Justice Department initiative that critics say was overzealous and captured legitimate businesses in addition to shady ones.
The Ponist Law Group represented a commercial real estate brokerage company, its designated broker, and its agent in a dispute in which plaintiff real estate investors alleged fraud, breach of fiduciary duties and conduct falling below the standard of care. After a two-week trial, the Ponist Law Group obtained a complete defense verdict, absolving their clients of any wrongdoing.
- PLG Attorney Sean Ponist to Present on “Successfully Medicating Real Estate Case” on September 28, 2023. September 20, 2023
- PLG Attorneys Sean Ponist and Cary McReynolds to Lecture on Rescission of Real Property Transactions on September 15, 2023 September 6, 2023
- The Ponist Law Group Obtains $8.85 Million Settlement for Clients August 17, 2023
- SDCBA Civil Litigation Section Hosts Summer Social June 16, 2023
- Sean Ponist Named to Both the San Diego Super Lawyers List and the Northern California Super Lawyers List for 2022 January 10, 2023
- Real Estate Standard of Care September 12, 2022
- Sean Ponist Named to the 2021 Northern California Super Lawyers List January 16, 2022
- Attorney Sean Ponist Named to the 2021 San Diego Super Lawyers List December 16, 2021