Cappello & Noël LLP has earned a nationwide reputation as the pioneer in the field of lender liability. The firm represents individuals and 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 fifth 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.
Plaintiffs’ Class Actions
Cappello & Noël represents plaintiffs in consumer, 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.
Cappello & Noël represents plaintiffs in employment cases, including wrongful termination, discrimination and harassment. The firm obtained a $23 million verdict 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.
Catastrophic Injury and Wrongful Death
Cappello & Noël handles serious and complex personal injury claims, as well as wrongful death claims. The firm helps the victims and their families obtain fair and just compensation, while giving them the closure and peace of mind they need in difficult times. In one case, the firm obtained a $16 million verdict for the family of a four-year old boy who drowned in a swimming pool while at a children’s day care camp.
Cappello & Noël represents businesses, homeowners and homeowners’ associations in construction defect cases. In one case, the firm obtained a $14.5 million verdict and additional settlement agreements in a major toxic mold/construction defect case involving 261 condominium units.
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.
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.
Toxic Tort & Environmental Law
Cappello & Noël maintains an outstanding team of experienced attorneys to investigate and represent victims of toxic waste exposure. The firm’s attorneys and professional staff work with environmental, scientific and health experts who can provide analyses of the effects of toxic waste exposure on a victim’s health and its effects on surrounding land, air and water. The firm represented hundreds of individuals in personal injury claims against The Boeing Company and its rocket testing facility, Rocketdyne, near Los Angeles County.
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.
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.
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.
Labor Disputes and Collective Bargaining
Cappello & Noël represents employers and members of management in litigation and collective bargaining negotiations involving labor disputes and labor unions. The firm has received national recognition in its representation of the Santa Barbara News-Press in litigation before the federal courts and National Labor Relations Board, and in collective bargaining against the newspaper’s reporters’ labor union. Cappello & Noël is known for its ability to conduct risk assessments for management; conduct campaigns for management during the organizing and pre-election phase of unions; investigate, prosecute, and defend unfair labor charges in hearings before the federal court and National Labor Relations Board; and collectively bargain with labor unions.
Elder Abuse (Plaintiff and Defendant)
Cappello & Noël has extensive experience in representing victims of elder abuse. Our attorneys understand that the intricacies of this highly regulated industry of caring for our seniors. Elder abuse comes in many forms, including physical and/or sexual abuse, death, neglect, financial abuse, abandonment, isolation or abduction. Elder abuse, in any form, almost always results in mental suffering, pain, and/or injury. We are committed to obtaining justice and just compensation for the victims and their families.
Unfortunately, sometimes opportunistic lawyers file unfair and unfounded allegations of elder abuse against skilled nursing facilities, residential care facilities for the elderly and other facilities dedicated to providing care and treatment to elder and dependent care patients. The firm has extensive experience and resources to defend all forms of unfounded claims of elder abuse against these facilities for any violation of the California Elder Abuse and Dependent Adult Civil Protection Act.