NICHOLAS A. CARLIN, ATTORNEY AT LAW

Cases of Interest

Gilbert v. Baerwald (2002) - Clients, the heirs of late singer/songwriter Kevin Gilbert , contended that Gilbert co-wrote (with David Baerwald) the hit song "Come What May", featured in the hit film Moulin Rouge . Clients sued Baerwald (along with the film and soundtrack album distributors) for falsely representing that Baerwald had written the song himself, and for refusing to share the royalties or credit. Baerwald continued to maintain throughout litigation that he wrote the song himself. Just before trial, Baerwald and the other defendants agreed to settle, acknowledging Gilbert as co-author of the song and agreeing to pay Gilbert's heirs his share of the royalties.

Davis v. McLaney (1994) - Client, Charles Davis, an actor/director, broke several vertebrae when a second story balcony railing he was sitting on in Beverly Hills gave way and he fell to the ground. He sued the owner of the building for negligent maintenance. A Los Angeles jury awarded him $688,000.

Earl v. Sony Pictures Entertainment, Inc. (1997) - Client, Jim Earl, a comic writer and performer, sued writer Terry Ward and Sony for copyright infringement. Earl claimed that a comedy sketch written by Ward and broadcast by Sony on the television show "The Newz" was substantially similar to a sketch written by Earl several years earlier. The defendants eventually settled for a confidental amount.

QuinStreet, Inc. v. Poynter (2003) - Client, Robert Poynter, an internet marketing executive, was sued by his former employer QuinStreet, Inc., an internet marketing company, which claimed that he had misappropriated trade secrets. Poynter vehemently denied the allegations. After QuinStreet lost a key pre-trial motion, it agreed to a confidential settlement with Poynter and dismissed the case.

Yangtze River Co., Inc. v. Adams (1998) - Client, Yangtze River Co., Inc., owner of the well known kitchenware brand Taylor & Ng, sued defendants for trademark infringement, claiming they were infringing on the "Taylor & Ng" trademark and other trademarks. Defendants claimed they owned the trademarks. After mediation, the defendants agreed to relinquish all of their claims to ownership of the trademarks and to pay Yangtze a confidential amount.

Garfield v. Luxor Cab Co. (1998) - Client, Pamela Garfield, suffered a separated shoulder and other injuries when her vehicle was rear ended by a Luxor taxicab. She also claimed that the accident aggravated a pre-existing anxiety condition into full blown Obsessive Compulsive Disorder ("OCD"). Defendant disputed that an auto accident could cause OCD and refused to compensate her for this injury. A San Francisco jury awarded her $202,000 (reduced by 30% for contributory negligence), establishing for the first time in a courtroom that physical trauma could cause OCD.