Brian Kabateck is a lawyer with Kabateck Brown Kellner, a law firm representing 571 plaintiffs who are suing the travel company Abercrombie & Kent, which had licensed its name to Tanner & Haley, thereby confusing some members about who was operating the club.
People who follow the Destination Club industry view the Tanner & Haley bankruptcy as an anomaly, saying overly generous policies required the club to lease properties to fulfill demand.
Here is a link to Brian Kabateck
Brian S Kabateck - Kabateck Brown Kellner LLP - Attorneys at Law
Brian S. Kabateck
E-mail:
bsk@kbklawyers.com 
Experience Brian S. Kabateck is a champion of consumer rights, with an expert knowledge in
construction defect,
insurance bad faith,
class actions, and other consumer-related cases. Some of his significant areas of expertise include:
- Consumer Class Action Litigation: Has represented plaintiffs against large corporations such as Epson, Google, Yahoo, Farmers, Hewlett-Packard, and Apple.
- Armenian Genocide Class Actions: Brought the first-ever cases involving stolen property, bank accounts, and unpaid life and property insurance claims arising out of the 1915 Armenian Genocide. Two of the class actions brought against insurance companies New York Life and AXA were the oldest resolved cases in US history. International coverage of cases brought new attention to the Armenian Genocide (unrecognized by the US and Turkish governments).
- Vioxx: Currently representing more than 1,000 victims of Merck's Vioxx. Plays a leadership role on the Vioxx California Steering Committee and is a frequent media analyst of local and national Vioxx litigation.
- National Mass Tort Litigation: Represents thousand of plaintiffs in national mass tort litigation involving defective pharmaceuticals, products, and medical devices.
- Northridge Earthquake Litigation: Handled first and most Northridge earthquake insurance bad faith trials. Represented the Park Northridge Homeowners Association against an insurance company for damages arising out of the earthquake, and recovered $10 million for the association. Wrote groundbreaking legislation extending the statute of limitations for earthquake victims to sue their insurers for failing to pay claims.
- National Disaster Insurance Bad Faith Litigation: Represents insurance customers who have unpaid insurance claims from floods, hurricanes, earthquakes, fires, and other natural disasters. Testifies before state legislature committees, writes articles, and speaks regularly to attorneys and the public on insurance coverage and claims issues.
- Toxic Tort Litigation: A recognized national expert in toxic tort litigation, has represented Ed McMahon and hundreds of homeowners in toxic tort cases.
Brian's clients include celebrities, entrepreneurs, and business owners, as well as thousands of policyholders, homeowners, homeowners associations, and consumers.
Accomplishments
As a
plaintiffs-only attorney, Brian has a long and successful record in the courtroom, having recovered more than $500 million for his clients, with more than 65 of his verdicts, judgments, and settlements in excess of $1 million each. He has skillfully taken numerous cases through trial and appeal in state and federal courts, arguing before:
- California State Supreme Court
- California Court of Appeal
- Ninth Circuit Court of Appeal
- Federal Circuit Court of Appeal, Washington D.C.
Brian's unique blend of courtroom experience and legal and legislative expertise has enabled him to successfully battle the largest insurance carriers, biggest developers and toughest corporations on behalf of his clients.
Brian's success is not limited to the courtroom. His advice is often sought by the California Department of Insurance and California Legislature on insurance, construction, and class action issues. He has developed legislation extending the statute of limitations in earthquake cases, and has drafted numerous pieces of insurance and construction-defect-related legislation, including:
- The Policyholder's Bill of Rights
- Northridge Earthquake Legislation
- Construction Defect Right to Repair Legislation
- Armenian Genocide Legislation
Additional Honors
For his efforts, Brian has been honored as:
- Finalist, Lawdragon 500 Leading Lawyers in America, 2007
- California Lawyer of the Year/Litigation 2006
- Finalist, Trial Lawyer of the Year, Consumer Attorneys of California 2005
Brian is a frequent lecturer for:
- L.A. County Bar Association
- Consumer Attorneys of California
- Consumer Attorneys Association of L.A.
- National Business Institute
- University of Southern California
- Loyola Law School
- University of La Verne, College of Law
He is also a speaker to consumer organizations such as Policy Holders of America, United Policyholders, and to other consumer groups on insurance, construction defect, and consumer rights issues.
Education
Brian graduated from Loyola Law School, JD, cum laude, after receiving a BA in political science from University of Southern California.
Industry Affiliations - Consumer Attorneys of California, Board Member and Treasurer
- Century City Bar Association, President
- Los Angeles County Bar Association trustee (2000-2003, 2006)
- Consumer Attorneys Association of Los Angeles
- State Bar of California
- Association of Trial Lawyers of America
- American Bar Association
Media Coverage - Featured guest on CNN's "Larry King Live."
- Interviewed on Fox News, CNN, ABC, CBS, NBC, FOX, and many other national media outlets.
- Quoted in New York Times, Washington Post, Los Angeles Times, The Guardian of London, San Diego Tribune, Sacramento Bee, Fresno Bee, San Francisco Chronicle, Los Angeles Daily News, Pasadena Star, Ventura County Star, and numerous other newspapers across the United States, Europe, Asia, and Australia.
- Interviewed on numerous local television and radio news programs about his major cases, new laws, and regulations.
- Clients have included Michael Jackson, Ed McMahon, José Conseco, Lou Ferrigno, and many others.
Publications- Construction Defect Litigation
- Insurance Bad Faith Handbook for Small Firms and Sole Practitioners
- Litigating the Insurance Bad Faith Case: From Client Evaluation to Trial Preparation
- Litigating the Insurance Bad Faith Case: Settlement, Trial and Appeal
- Appraisals, Attorneys & Bad Faith
- How to Make a Claim and Get Your Insurance Company to Pay
- Authored articles appearing in such publications as the Los Angeles Business Journal, Los Angeles Daily Journal, California Lawyer, Los Angeles Lawyer, Consumer Attorneys of California, Condo Management, Apartment Management Magazine, Apartment Age, San Fernando Valley Business Journal, and Community Management .