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| 831 State St, Santa Barbara, CA 93101 :: (805) 564–2444 |
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Cappello & Noël has earned a nationwide reputation as the pioneer in the field of lender liability. The firm represents businesses that have been injured or destroyed by their lender. Cappello & Noël is known for its ability to investigate and prosecute lending institution misconduct and fraud, and has successfully battled some of the largest financial institutions in the country by winning multimillion-dollar jury verdicts and out of court settlements for its clients. The firm also uses its lender liability expertise to successfully negotiate workout agreements between borrowers and lenders that often result in restructuring borrower debt payments and loan terms. Managing partner A. Barry Cappello wrote the first treatise on the subject, Lender Liability, now in its third edition.
Complex Business Litigation Cappello & Noël is experienced in every facet of business litigation, enabling the firm to decisively and effectively develop, litigate and try complex business cases. The firm's extensive record of trial victories gives clients the expert representation needed to successfully pursue legal recourse, no matter the size and legal firepower of the opponent. Clients range from entrepreneurs to established businesses involved in litigation against large corporations and financial institutions. The firm is experienced in handling the most complicated cases, especially those with tremendously long and intricate paper trails. It often uncovers the "smoking gun" during discovery, which allows for early settlement or success in court. Cases undertaken on behalf of clients include securities fraud, real estate disputes, legal malpractice, accounting malpractice, trademark litigation and complex contract and fraud litigation.
Plaintiffs' Class Action Cappello & Noël represents plaintiffs in consumer, securities, antitrust, toxic tort/environmental, insurance and banking class actions (See Summaries). Its success in class action litigation has resulted in multimillion-dollar settlements for class participants.
Plaintiffs' Bad Faith Insurance Litigation Cappello & Noël aggressively pursues insurance companies that wrongfully deny coverage or recovery to their customers. In these cases, the firm can often show that insurance companies, acting in bad faith, knowingly denied compensation for medical conditions or real property damage even though coverage was included in customer policies.
Land Use Disputes & Real Estate Litigation Landowners and developers often must jump through hoops to get their building projects approved by city and county land use agencies. Sometimes, these agencies and their public employees set unreasonable and unrealistic demands on a project. Cappello & Noël represents landowners in disputes with city and county government land use agencies including planning and coastal commissions. The firm was responsible for securing a precedent-setting appellate decision allowing landowners the ability to use civil rights remedies to respond to unscrupulous behavior by government commissions and public employees.
Toxic Tort & Environmental Law Cappello & Noël maintains an outstanding team of experienced attorneys to investigate and represent victims of toxic waste exposure. Environmental, scientific and health experts are regularly counseled for their analysis of the effects of toxic waste exposure on a victim's health and its effects on surrounding land, air and water. It currently represents hundreds of individuals in personal injury claims against The Boeing Company and its rocket testing facility, Rocketdyne, near Los Angeles County.
Construction Defects Cappello & Noël represents businesses, homeowners and homeowners' associations in construction defect cases. In a recent matter, the firm obtained a $14.5 million verdict and additional settlement agreements in a major toxic mold/construction defect case involving 261 condominium units
Entertainment Law Cappello & Noël represents entertainers and entertainment companies in contract disputes and litigation. The firm reached an out-of-court settlement for a recording artist in a dispute with the artist’s former record label. (Courtney Love) In another case, Cappello & Noël resolved a two-year royalties payment dispute between an international independent music and video company and its music-licensing agent.
Employment Litigation Cappello & Noël represents plaintiffs in employment cases, including wrongful termination, discrimination and harassment. The firm obtained one of the top ten verdicts in California in 1998 in a wrongful termination case against a major Fortune 500 company and settled a sexual harassment suit against a public company and its CEO for a multiple seven-figure amount.
Intellectual Property Litigation Cappello & Noël represents individuals and businesses in intellectual property litigation, trade secret matters and disputes arising from non-disclosure agreements. In one of its largest cases, the firm obtained a $54 million jury verdict for a children's book author against a movie producer. The verdict was the fifth largest jury verdict in California in 2000.
Professional Malpractice Cappello & Noël represents plaintiffs in cases involving professional malpractice. It represented a large Indio County farm operator against a major large law firm in which a jury awarded the farming concern $3.49 million. It also obtained a $1.5 million jury award for a national real estate consultant against his accounting firm for breach of fiduciary duty, breach of the covenant of good faith and contract beach.
Libel Cappello & Noël represents individuals whose reputations have been damaged by others, and it fights for its client's First Amendment rights of free speech. |
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