Litigation
Jun. 22, 2002
Head of The Class
Not even the threat of terrorism deterred San Francisco attorney Richard M. Heimann from pursuing a recent class action against the manufacturer of allegedly faulty hip and knee implants.
Not even the threat of terrorism deterred San Francisco attorney Richard M. Heimann from pursuing a recent class action against the manufacturer of allegedly faulty hip and knee implants.
A group of plaintiffs' lawyers, including Heimann, had spent Sept. 11 in depositions at a London office. After the tragic news broke, everyone evacuated the building as a safety precaution.
The next day, the depositions resumed. But other than Heimann, no plaintiffs' counsel showed up, not even the "roughest" attorneys from Texas, lead defense lawyer Ken Seeger says.
"These guys were huffing and puffing like they were so tough, and none of them would enter the building," Seeger of San Francisco's Crosby Heafey Roach & May says. "Heimann was the only one who showed up out of a group of about 25 lawyers."
Not only did his steely resolve help move discovery along, but Heimann also organized a group of the plaintiffs' lawyers involved in the implant case to reject an initial settlement of $600 million.
An Ohio federal judge had given preliminary approval to the first settlement, but Heimann pressed for more money.
At the time, that didn't sit well with any of the defense counsel, who considered Heimann stubborn, Seeger says.
But due in large part to Heimann's determination, the Swiss company Sulzer Medica agreed on May 31 to accept a $1 billion settlement.
"He turned out to be correct," Seeger says. "He did a terrific job."
While the Sulzer case highlights his negotiating skills, a recent $170 million verdict shows Heimann's ability to sway a jury.
In that class action, Heimann of Lieff, Cabraser, Heimann & Bernstein argued that a company sent knowingly false documents to an auditor. Claghorn v. Edsaco Ltd., C983039SI (N.D. Cal., verdict April 16, 2002).
In court papers, opposing counsel Daniel J. Herling of San Francisco's Duane Morris criticized Heimann for suggesting to the jurors in closing argument that they disregard the defendant's financial statements in calculating punitive damages.
"Do you think it is beyond the realm of possibility [that] they would give you phony financials if they thought it was in their interest to do so?" Heimann said, according to the trial transcript.
When asked to elaborate on his disapproval of Heimann's litigation tactics, Herling declined.
"I made my objections in court," he says. "I have to deal with him. I'm not going to engage in this type of - San Francisco is a small town."
Herling adds, "We didn't have any battles that were garbage."
After a 25-year career, Heimann, 53, wields a lot of influence.
"He gets a lot of respect in court," defense attorney Boris Feldman of Palo Alto's Wilson Sonsini Goodrich & Rosati says. "The judges all know him and tend to feel good about him."
In a class action that settled for $30 million, Feldman found Heimann tough but fair.
"Of course, we butted heads," Feldman says. "But you can fight hard and not dirty, and that's Heimann. He's on a very high plane."
Heimann's inner drive and leadership skills perhaps are rooted in a tragic childhood event.
"My father died when I was 11 years old of a heart attack," he says
His mother had to work long hours to provide for the family.
"I was left with the responsibility of taking care of my two brothers," he says.
An uncle he admired practiced law, so Heimann decided to take the plunge. He initially considered specializing in tax law.
"Thank God I ultimately lost that ambition," he says.
SNAPSHOT
Richard M. Heimann
Law school: Georgetown University, 1972
Case types: Mass tort, class actions
Career highlights: Co-founder and partner, San Francisco's Lieff, Cabraser, Heimann & Bernstein, 1986-present; partner, Walnut Creek's Tonsing & Heimann, 1980-85; associate, Oakland's Law Offices of Edward R. Fitzsimmons, 1976-80; Tulare County deputy district attorney, 1975-76.
Eron Yehuda
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Send a letter to the editor:
Email: letters@dailyjournal.com