Michael D. Thamer, Esq.

Practice Areas

Michael Thamer’s practice focuses primarily on fighting all forms of corporate and government abuse.  In the last eight years, Mr. Thamer has dedicated his practice to representing the interests of victims of elder and dependent adult abuse throughout the state of California.  This includes representation of numerous plaintiffs, including advocacy groups in civil actions against corporate for-profit operators of skilled nursing and intermediate care facilities.

Throughout California, Mr. Thamer has tried over 40 jury trials to verdict in State and Federal District Courts. In March 1998, Mr. Thamer obtained a $94.7 million punitive damage award in the Gregory v. Beverly Enterprises, Inc. in Siskiyou County. For further details on this case, click here.

To view a CBS TV story, which focuses on a case prosecuted by Mr. Thamer, click here.

Mr. Thamer is a regularly invited lecturer on elder and dependent adult abuse litigation. He has presented lectures for California Advocates for Nursing Home Reform, Consumer Attorneys of California, the ATLA* Nursing Home Litigation Group, School of Gerontology at University of Southern California, and the California Healthcare Association.

*ATLA stands for Association of Trial Lawyers of America

Education

J.D., University of Santa Clara Law School, 1981:

  • Winner: SCU Law School Moot Court competition, 1980

  • Member: National Moot Court Team, 1981

  • Winner: SCU Law School Client Counseling Competition, 1979

  • Research Assistant: Environmental and Energy Law

  • Tutor: Civil Procedure

B.S., Social Ecology, University of California, Irvine, 1978

Career

Law Offices of Michael D. Thamer (Attorney at Law) 1991 - present
General law practice emphasizing plaintiff tort litigation.

Hews, Munoz, Swift & Thamer (Partner) 1985 - 1991
Practice involved plaintiff tort and business litigation.

Orange County Public Defenders Office (Deputy Public Defender) 1982 - 1985

Appointments and Lectures

Judge Pro Tem, Siskiyou County Superior Court

Invited Lecturer  for University of Southern California, American Trial Lawyers Association, Consumer Attorneys of California, California Healthcare Association, California Association of Healthcare Facilities, Siskiyou County Bar Association, and California Advocates for Nursing Home Reform

Lecturer for MCLE* seminar on Legal Ethics

Court-Appointed Arbitrator in civil matters and attorney/client fee disputes

Serves as an arbitrator and mediator selected by private attorneys for civil cases in Siskiyou County

City Attorney for the City of Etna, California (1992 through 1998)

Currently represents Siskiyou County Domestic Violence Center on a pro bono basis

Member of the Siskiyou County Bar Association, American Trial Lawyers Association, and Consumer Trial Lawyers of California

Member and Siskiyou County Bar Association Representative on the Siskiyou County Court Strategic Planning Committee

*MCLE stands for Minimum Continuing Legal Education

Martindale-Hubble

“AV” Rating**

** According to Martindale-Hubbell, an “AV” Rating is confirmation that the bearer is considered a highly respected, ethical member of the Bar. “It signifies that (the holder’s) legal abilities are of the very highest standard and that (his) professional ethics are unquestioned.”

Published Opinions

Fitzhugh v. Granada Healthcare and Rehabilitation Center, LLC (2007) 150 Cal.App.4th 469

Gregory v. Beverly Enterprises, Inc., et al.(2000) 80 Cal.App.4th 514

Jury Trials in the following venues:

US Federal Court, Central District

Siskiyou County Superior Court

Orange County Superior Court

Riverside County Superior Court

Los Angeles County Superior Court

San Diego County Superior Court

Prosecute and Defended Litigation in the Superior Courts of the following California Counties:

Siskiyou County

Mono County

Shasta County

Sacramento County

Tehama County

San Joaquin County

Butte County

San Bernardino County

Del Norte County

Orange County

Humboldt County

Riverside County

San Francisco County

San Diego County

Sonoma County

Fresno County

Santa Clara County

Kern County

San Luis Obispo County

Lassen County

Santa Barbara County

Alameda County

Ventura County

San Mateo County

Los Angeles County

Tulare County

Monterey County

 

Litigation Experience

Extensive experience in civil and criminal litigation. Civil expertise includes elder abuse, insurance bad faith, legal negligence, bad faith lending, product liability, business disputes, real property disputes, and water disputes. Extensive juvenile court experience, including dependency and delinquency proceedings. Criminal defense experience in hundreds of misdemeanor and felony cases, including complex murder cases.

Tried in excess of 60 court and jury trials to verdict in State and Federal District Courts throughout California.

Civil trials include:

California Advocates for Nursing Home Reform (CANHR), et al. v. State of California, Department of Health Services. Hon. Peter J. Busch, San Francisco Superior Court

Plaintiffs sought and were granted a writ of mandate compelling the State of California Department of Health Services to conduct prompt investigations of complaints of substandard care in nursing homes and other long-term care facilities. As a result of the case result, California is investigating complaints within time lines prescribed by law for the first time in fifteen years. This case was profiled in the San Francisco Chronicle, Sacramento Bee, and San Jose Mercury News.

Gregory v. Beverly Enterprises, Inc., et al. [80 Cal.App.4th 514]

Represented Plaintiff in elder abuse case against the largest operator of U.S. nursing homes, Beverly Enterprises, Inc., and subsidiary. Following a five-week jury trial, jurors found the defendants liable on claims of elder abuse, fraud and negligence, and awarded compensatory damages of $365,581, and punitive damages in the amount of $94,720,450 - at the time, the largest verdict against a nursing home operator in the nation’s history. The Gregory case was profiled in the Wall Street Journal, the CBS Evening News, and other national media.

Jones, et al., v. Hill, Farrer & Burrill, et al.

Represented Plaintiffs in legal negligence case against four law firms concerning their representation of Plaintiffs in a civil tort matter with unfavorable outcome. Received Plaintiff verdict following a six-week jury trial.

Easterling v. Allstate Insurance Company, et al.

Represented Plaintiffs in insurance bad faith case. Three-week jury trial resulted in Plaintiff verdict, including jury award of $500,000 in punitive damages.

Baker, et al., v. Allstate Insurance Company, et al.

Assisted in representation of Plaintiffs in insurance bad faith case. Received Plaintiff verdict, including a $1,800,000 punitive damages verdict, following a three-week jury trial.

Sutton v. Celoseal Roofing, et al.

Represented Plaintiff, whose injuries included brain damage, in a product liability case. Received Plaintiff verdict in excess of five times Plaintiff's demand following a three-week jury trial.

El Farra v. Lloyds of London, et al.

Represented Plaintiff in insurance bad-faith action in Federal Court, Central District of California. Received Plaintiff verdict following a two-week jury trial.

Media Coverage

Cases and expertise have been featured in numerous state and national media sources, including: CBS ‘60 Minutes’, CBS Evening News - San Francisco (KPIX TV), Time Magazine, Occupational Therapy Practice, Wall Street Journal, Los Angeles Times, San Francisco Chronicle, Sacramento Bee, Orange County Register, San Jose Mercury News, California Lawyer, California Law Business Journal, Eureka Times Standard, Siskiyou Daily News, and the Pioneer Press.

Michael Thamer

 

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Copyright 2004 - 2008 by Michael D. Thamer.  All rights reserved.