Impartia

Proven Experience, Patience, Diligence and Impartiality

“I highly recommend her as a neutral."

“…a calm, analytical approach which moved things forward in a positive way.”

"Judge Nusbaum, who served as a neutral evaluator… gave the parties …what I thought was an honest appraisal of liability and damage issues. She was knowledgeable in the subject areas of the case and helped the parties resolve the case short of trial.”

“She rapidly gained a thorough understanding of the factual and legal issues. "

"…always dealt professionally and fairly with people on both sides of the issue."

“ Judge Nusbaum … brought a great deal of preparation,experience and positive attitude to the table that was critical to the resolution of this matter…”

Recent Court-Connected ADR Experience: Click Here..

Real Estate; Elder Abuse: Claims of fraud arising out of real estate financing: failure to verify borrowers’ income; failure to verify appraisal; failure to provide disclosures required by TILA and HOEPA. Claims of Elder Abuse from knowingly making misrepresentations to persons over the age of sixty five to induce purchase of interests in a promissory note. Amount in controversy $ 882,134.62 plus attorneys fees and costs. Temporary Settlement Judge, Superior Court of California, Santa Clara County.

Interpleader. Competing claims for settlement proceeds of litigation. Amount in controversy $15,000. Early Settlement Neutral, Superior Court of California, Santa Clara County.

Professional Negligence: Expert Witness. Claims of professional negligence against medical doctor who testified as an expert witness in a medical malpractice case that ended in an involuntary nonsuit. Amount in controversy $ 750,000. Temporary Settlement Judge, Superior Court of California, Santa Clara County. . Home renovation, claims for costs related to the failure of the codes enforcement officer’s inspection. Amount in controversy $ 9,000. Temporary Settlement Judge, Superior Court of California, Santa Clara County.

Breach of Contract. Claims for breach of restaurant management agreement, and breach of purchase and sales agreement for stock in restaurant corporation, fraud, theft and embezzlement and unjust enrichment. Amount in controversy $ 119,500. Temporary Settlement Judge, Superior Court of California, Santa Clara County.

Professional Responsibility: Securities Disclosure. Claims for legal malpractice, violations of California Corporations Code §§ 25504, 25504.1 and 25403, concealment and misrepresentation (fraud) and negligent misrepresentation, and insurance coverage. Amount in controversy $ 310,000. Temporary Settlement Judge, Superior Court of California, Santa Clara County.

Personal Injury. Claims arising out of the death of a longshoreman. Issues included whether the duties of a vessel owner extends to areas of the vessel not under the control or supervision of the defendant, turn-over condition, liability, legal causation of plaintiff’s injuries, contributory negligence, contribution of third party negligence, comparative fault of others, violation of the ISM code that provides an international standard for the safe operation and management of vessels, out-of-wedlock paternity, plaintiff’s standing, and legal guardianship. Amount in dispute $9,999,000. Mediator, U.S. District Court, Northern District of California.

Breach of Contract. Express written indemnity agreement contained in an independent contractor agreement involving brokerage for the sale of office condominiums. Amount in controversy $124,000. Temporary Settlement Judge, Superior Court of California, Santa Clara County.

Mortgage Foreclosure. Claims of wrongful foreclosure, negligence, unfair trade practices, violation of the Fair Credit reporting Act, violation of the Truth in Lending Act, intentional infliction of emotional distress, res judicata and injunctive relief. Sole Mediator, U.S. District Court, Northern District of California ADR Program.

Elder Abuse; Trespass. Claims for financial elder abuse, negligent permanent trespass, negligent continuing trespass, intentional permanent trespass, intentional continuing trespass, private negligent nuisance, private permanent nuisance, and temporary and permanent injunctions. Amount in controversy $1,055,097. Settlement Judge, Superior Court of California, Santa Clara County.

Collections. Defense of mistaken identity. Temporary Settlement Judge, Superior Court of California, Santa Clara County.

Medical Malpractice. Claims against a plastic surgeon arising out of abdominoplasty procedure (commonly referred to as a tummy tuck). Dueling medical experts. Amount in controversy $250,000. Temporary Settlement Judge, Superior Court of California, Santa Clara County.

Breach of Contract. Purchase and sale of an automotive repair business. Amount in controversy $100,000. Superior Court of California, Santa Clara County, Early Settlement Conference Neutral.

Breach of Contract. Claim for failure to pay a promissory note in the amount of $10,000. Temporary Settlement Judge, Superior Court of California, Santa Clara County.

Employment, Breach of Contract, Trade Secret, Business Tort. Silicon materials supplier to global solar manufacturers. Claims that a key employee was secretly operating his competing business while employed, misappropriating trade secrets, tortiously interfering with contracts with vendors and customers, interfering with prospective economic advantage and violating California Business and Professions Code § 17200, et seq. Amount in controversy $1,300,000. California Superior Court, Temporary Settlement Judge.

Business Tort, Unfair Practice. Coin laundry development contract. Claims of unlicensed contractor under California Business and Professions Code § 7031(b) & (c) and claims under California Franchise Investment Law (CFIL) and Finance Lenders Law. Effect of release of all claims. Attorney’s fee lien on proceeds of settlement, medical lien, judgment lien. Amount in controversy $1,200,000. California Superior Court, Temporary Settlement Judge.

Breach of Contract: Commercial Lease. Action for specific performance, breach of lease and injunction, counterclaim for promissory fraud. Nonpayment of rent for a Mexican restaurant. California Superior Court, Temporary Settlement Judge.

Consumer: Breach of Warranty. Claims under the Song-Beverly Consumer Warranty Act, California Civil Code § 1790 et seq., for replacement or repurchase of 2003 Lincoln Navigator, defective back up sensors and air conditioning. Amount in controversy $175,000. California Superior Court, Temporary Settlement Judge.

Breach of Contract: Real Estate Guarantee. Action to collect on shopping center construction loan guarantee. Issues of bad faith refusal to approve lease amendment, demand to rebalance interest reserve, refusal to fund draw, and release funds for tenant improvements. Amount in controversy $114,000,000. California Superior Court, Temporary Settlement Judge.

Breach of Contract: Real Estate; Fraud. Claims for return of investment funds used to purchase real estate. Allegations of fraud and misrepresentation, breach of contract, conversion, unfair and deceptive business practices under California Business and Professions Code (B & P) § 17200 and intentional infliction of emotional distress, atto. Bankruptcy of codefendants. Amount in controversy $250,000. California Superior Court, Temporary Settlement Judge.

Breach of Contract. Fraud. Claims involved the alleged nondelivery of jewelry by a package delivery service, whether maximum liability was limited to the declared value of the package pursuant to the terms of the shipping contract, interest, attorneys fees and punitive damages. Intrastate shipping by a common carrier, Federal Aviation Administration Authorization Act of 1994 (FAAAA), Pub. L. No. 103-305, Title VI, § 601, 108 Stat. 1569, 1605; federal preemption. Amount in controversy $ 48,000. California Superior Court, Temporary Settlement Judge.

Breach of Contract: Construction. Fraud. Claims involved breach of contract, breach of the covenant of good faith and fair dealing, conversion, declaration of who were agents of the franchisor, libel and trade libel. Franchise for group purchasing and retailing home improvement interior products; independent home improvement contractor. Amount in controversy $400,000. Temporary Settlement Judge, California Superior Court, Santa Clara County.

Fair Housing and Employment Act. Disability discrimination and failure to accommodate in violation of the Fair Housing and Employment Act (FEHA), Cal. Gov’t. Code § 12940(m) et seq.). Failure to engage in the interactive process in violation of FEHA, Cal Gov’t. Code § 12940(n) et seq. Intentional infliction of emotional distress. Amount in controversy $185,000. Early Settlement Neutral, Superior Court of California, Santa Clara County.

Fair Labor Standards. Claims of violation of the California Labor Code § 510, violation of the Fair Labor Standards Act (29 U.S.C. § 201 et seq.), failure to provide meal and rest periods in violation of California Labor Code § 226.7, waiting time penalties under the California Labor Code § 203, and violation of California Business and Professions Code § 17203. Sole Mediator, United States District Court for the Northern District of California ADR Program.

Breach of contract. Claims arising out of termination of a commercial restaurant lease, including responsibility of damage to the premises, insurance coverage, subrogation rights, collateral source rule, landlord and tenant responsibility for maintenance and repair under the terms of the lease, non-payment of rent and common area fees, and vandalism. Amount in controversy $75,000. Sole Mediator, Superior Court of California, Santa Clara County.

Medical Malpractice. Action for wrongful death of an infant from hypoxic ischemic encephalopathy due to perinatal cardiac arrest, metabolic acidosis and pulmonary hemorrhage. Claims of negligent obstetrical medical care provided by the attending obstetrician and the hospital nursing and neonatal staff. Issues of medical causation and the nature and extent of disability arising out of a fetal maternal hemorrhage, the standard of care and the MICRA cap. Amount of in controversy in excess of $750,000. Settlement Judge Pro Tem, Superior Court of California, Santa Clara County.

Declaration of Intellectual Property Rights; Breach of Contract. Claims involve the intellectual property rights arising out of development of software technology in a start up venture, founders shares, patent, trade secret and copyright ownership and rights of use, misappropriation, fraud, violation of fiduciary duty, breach of implied covenant of good faith and fair dealing, and interference with prospective business advantage. Early Settlement Neutral, Superior Court of California, Santa Clara County.

Breach of Construction Contract. Claims involve breach of an oral contract between the general contractor and its subcontractor, set-off for defective work, and the availability of attorneys fees. Settlement Judge Pro Tem, Superior Court of California, Santa Clara County.

Breach of Contract. Claims involve indemnification, and fraud arising out of the purchase and sale of a business. Settlement Judge Pro Tem, Superior Court of California, Santa Clara County.

Law Firm Shareholder Suit. Petition for Writ of Mandate to inspect accounting books and records of law corporation. Settlement Judge Pro Tem, Superior Court of California, Santa Clara County.

Patent Infringement. Claims involve validity, infringement, and damages of no less than a reasonable royalty. Mediator, U.S. District Court for the Northern District of California ADR Program.

Trademark and Unfair Competition. Claims involve trademark infringement under 15 U.S.C. § 1114; false designation of origin under 15 U.S.C. § 117(a)(3); common law trademark infringement; state law unfair competition: fraudulent business practices under Cal. Bus. & Prof. Code §17200 et seq., misrepresentation under Cal. Civil Code §1770)(a)(2) & (3), and false advertising under Cal. Bus. & Prof. Code §17500; waiver, estoppel, laches, acquiescence, and unclean hands; fraudulent use of a federal trademark before obtaining registration, fraud on the patent and Trademark Office, cancellation of the mark for impermissible material alteration of the drawing of the mark; attorneys fees, costs and expenses, injunctive relief. Early Neutral Evaluator, U.S. District Court for the Northern District of California ADR Program.

Airplane Accident; Premises Liability. Claims of personal injury arising out of a slip and fall while disembarking from an international flight. Issues of pre-existing condition, medical causation and the nature and extent of disability; liability of the international carrier for an “accident” under the Montreal Convention, Article 17; Special Drawing Rights limitation of liability under the Montreal Convention, Article 21; public entity liability under California Government Code § 815; Medicare/Medi-Cal recoupment, 42 CFR § 411.37. Early Neutral Evaluator, United States District Court for the Northern District of California ADR Program.

Unlawful Detainer. Claims for nonpayment of rent under a commercial lease. Issues involved interpretation of the lease terms regarding the landlord and tenant responsibilities to repair and maintain the premises and to replace the roof, responsibility for a collapsed roof, tenant’s removal of fixtures at the lease termination, insurance coverage, solvency and the collectability of any judgment. Amount in controversy $55,000. Early Settlement Neutral, Superior Court of California, Santa Clara County.

Personal Injury. Tort action for personal injuries arising out of a work-related accident, where a truck ran over the mechanic’s legs, fracturing his ankle. Issues included the extent of permanent impairment, future wage loss, mitigation of damages, contributory negligence, loaned employee, volunteer, and workers’ compensation lien. Amount in controversy more than $1,000,000. Settlement Judge Pro Tem, Superior Court of California, Santa Clara County.

Federal Employees’ Group Life Insurance Act (FEGLIA). Claim for recovery of insurance benefits paid pursuant to a beneficiary designation executed prior to decedent’s death but submitted to the decedent’s employer after his death, with issues of whether the FEGLIA statutes were violated, conversion, unjust enrichment, decedent’s intent, entitlement to counsel fees, and defendant’s inability to pay any judgment that might result. Amount in controversy $ 84,000. Mediator, United States District Court for the Northern District of California ADR Program.

Mediation: Click Here...

Mediation is an informal, confidential process in which a neutral party (the mediator) assists the parties in understanding their own interests, the interests of the other parties, and the practical and legal realities they all face. The mediator then helps the parties to explore options and arrive at a mutually acceptable resolution of the dispute. The mediator does not decide the dispute. The parties do.

Mediation may be appropriate when:

The parties want a non-adversary procedure
The parties have a continuing business or personal relationship
Communication problems are interfering with a resolution
There is an emotional element involved
The parties are interested in an injunction, consent decree, or other form of equitable relief
The law does not provide an appropriate remedy
The parties want privacy

Remedies provided by a court judgment are limited by the applicable law. The result is public. Through mediation, the parties may obtain the relief they most desire-an apology, letter of reference, a job, a licensing deal, a buy-out, a nondisclosure agreement- a private resolution that they can live with, which may not be available from the court.

Suzanne K. Nusbaum blends her judicial experience with advanced mediation training from the United States District Court for the Northern District of California to provide non-directive, party-driven mediation. She believes that mediation is not about "arm twisting" or other coercive settlement techniques, but rather about empowering and assisting the parties to resolve the dispute in a way that satisfies their own needs, interests, beliefs, and goals.Contact us to schedule a mediation session.

Arbitration: Click Here...

Arbitration is a process in which the neutral (the arbitrator) decides the dispute after hearing the evidence and arguments of the parties. The parties can agree to binding or non-binding arbitration. Binding arbitration is designed to give the parties a resolution of their dispute when they cannot agree by themselves or with a mediator. If the arbitration is non-binding, any party can reject the arbitrator's decision and request a trial.

Arbitration may be appropriate when:

The action is for personal injury, property damage, or breach of contract

Only monetary damages are sought

Witness testimony, under oath, is desired

An advisory opinion is sought and the facts are disputed (if a non-binding arbitration)

The California Superior Court provides judicial arbitration services. See Santa Clara County Superior Court Santa Clara County Superior Court local rule 4.

The parties may also agree to submit their dispute to Private Arbitration administered by an ADR provider such as the WIPO (the World Intellectual Property Organization). WIPO requires the arbitrator to be independent and faithfully apply the law to facts impartially found. Its rules allow injunctive relief, as well as a monetary award. You may satisfy your court ADR requirement by requesting WIPO to appoint Suzanne K. Nusbaum as your private arbitrator.

Suzanne K. Nusbaum is a seasoned arbitrator with more than thirty years of litigation and judicial experience. Contact us.

Neutral evaluation: Click Here...

Neutral evaluation is an informal process in which a neutral party (the evaluator) reviews the case with counsel and gives a non-binding assessment of the strengths and weaknesses on each side and the likely outcome. The neutral can help parties to identify issues, prepare stipulations, and draft discovery plans. The parties may use the neutral's evaluation to discuss settlement.

Neutral evaluation may be appropriate when:

The parties are far apart in their view of the law or value of the case
The case involves a technical issue in which the evaluator has expertise
Case planning assistance would be helpful and would save legal fees and costs
The parties are interested in an injunction, consent decree, or other form of equitable relief

Suzanne K. Nusbaum serves on the neutral evaluation panels of the United States District Court for the Northern District of California and the California Superior Court, Santa Clara County. She was a respected jurist, nominated, and reappointed to adjudicatory positions in two states, and has significant case management expertise gained from her years of judicial service. Contact us.

Special master: Click Here...

Settlement conferences: Click Here...

Settlement conferences are informal processes in which the neutral meets with the parties or their attorneys, hears the facts of the dispute, and normally suggests a resolution that the parties may accept or use as a basis for further negotiations.

Settlement conferences can be effective when the authority or expertise of the neutral may help the parties reach a resolution.

Suzanne K. Nusbaum serves as a Settlement Judge Pro Tem and as an Early Settlement Neutral for the Superior Court of California, Santa Clara County. From her many years on the bench, extensive ADR training, and speicialized health care and intellectual property law education, she brings considerable expertise to the settlement of health care, intellectual property, employment and commerical contract disputes.

For fair, fast friendly ADR, that cuts the cost of conflict, choose Impartia. Contact us.