John M. Drath, Esq.

Mediator  •  Arbitrator

Real Property

REPRESENTATIVE CASES

  • 2.5 million-dollar claim for damage to computer equipment due to release of sprinkler system during remodeling of computer company facility.

  • Downhill homeowner sued uphill homeowner for damage due to landslide.

  • Lessee of high end home sued owner for damage to personal property destroyed when the home burned, allegedly due to defective maintenance by the owner.

  • Subrogation claim for extensive water damage to home resulting from defective plumbing coupling. Plumber and coupling manufacturer sued.

  • Subrogation claim for destruction of barn by fire allegedly caused by operator of equipment in vicinity of structure.

  • Subrogation claim against a landscaper who damaged a gas line, allowing water into the line and destroying the HVAC unit in the home.

  • Pre-litigation mediation of dispute among members of an LLC and a contractor regarding disputed profits, breach of contract.

  • Landlord/tenant dispute involving automobile dealership, right to purchase, amounts owed on commercial lease.

  • Breach of contract claim by security firm against commercial property owner. Dispute over amounts owed, alleged fraudulent billing practices.

  • Breach of contract arising out of the sale of medical practice, question as to whether certain additional obligations were triggered.

  • Action by investor against bank whose employees were operating an independent business brokering second mortgages. Claimed vicarious responsibility for fraudulent activity.

  • Breach of contract involving an exclusive supply agreement by a paint manufacturer. Customer claimed he met the minimum required by the contract and had no further obligation, cross-complained based on supplier’s removal of stock and equipment.

  • Action to quiet title and for injunctive relief by railroad against property owner claiming adverse possession/prescriptive easement of land occupied by nearly 90 years.

  • Action for trade name infringement by one restaurant owner against another for misleading advertising.

  • Action and cross-action between orthodontist operating multiple offices and a dental management company over interpretation of agreement. Each side claimed breach and resulting damage from the other.