It is with great pride that we announce that our very own Sean Ponist will be speaking at the Litigation Counsel of America 2019 Spring Conference & Celebration of Fellows. Only one-half of one percent of American lawyers are invited to be a part of the Litigation Counsel of America, an invitation-only trial lawyer honorary society.
Join us on April 17, 2019 in San Francisco to hear from Sean Ponist and other leading real estate attorneys as they discuss recovering of real estate damages. This legal education seminar is sponsored by the Bar Association of San Francisco who is hosting the event.
This seminar examines real estate damages arising from disputes before and after closing. This is the first in a two-part series and focuses on damages; the second will focus on real estate remedies. Read More
“Panoramic view,” “expansive view,” “scenic view”—these are all common descriptions used to market highly coveted view property. A great view can substantially increase the desirability and value of a property, with view properties often selling for hundreds of thousands of dollars more than neighboring properties of comparable square footage without views. Developers also routinely charge substantially more for premium lots with views in new developments. In most cases, however, the property owner’s view is not protected and, accordingly, buyers unwittingly pay a hefty surcharge for something that can be taken away without recourse.”
In the lawsuit, the plaintiff had alleged wrongdoing on behalf of a client of the Ponist Law Group’s in connection with the foreclosure of a commercial property. The Ponist Law Group successfully moved to dismiss the matter on the pleadings and obtained a judgment in their clients’ favor.
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.”
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.
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.
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.