Kirk C. Jenkins
Kirk C. Jenkins chairs Sedgwick’s Appellate Task Force. Mr. Jenkins has maintained an exclusively appellate practice for the past twenty years, serving as lead appellate counsel in over 200 appeals and interlocutory petitions in state and Federal courts across the country.
Mr. Jenkins has successfully represented clients in complex litigation in a variety of industries, including public utilities; automotive; construction and mining equipment; food manufacturing; electronic components and pharmaceuticals. He has litigated a broad range of issues, including Federal preemption; electrocution injuries; failure to warn and design defect; the admissibility of economic testimony; price-fixing and essential facilities; groundwater contamination; primary and exclusive administrative jurisdiction; alleged asbestos exposure; the extraterritorial application of Federal and state law, and the certification and decertification of consumer class actions. He frequently writes for publication and is quoted by the press about emerging issues in appellate business litigation and the dynamics of appellate courts.
- Appellate Practice, concentrating in matters of:
- Mass Tort
- Food Manufacturing
- Heavy Equipment
- Environmental Law
- Selected for inclusion in Best Lawyers in America, 2010-2018 editions, field of appellate law
- Member, American Academy of Appellate Lawyers (by election)
- Member, California Academy of Appellate Lawyers (by election) – Elected Secretary-Treasurer, 2017
- Member, American Law Institute (by election)
- Members Consultative Group, Project on Sexual & Gender-Based Misconduct on Campus
- Members Consultative Group, Restatement of the Law, Liability Insurance
- Members Consultative Group, Restatement (Third): The U.S. Law of International Commercial Arbitration
- Members Consultative Group, Restatement (Third) of Torts: Liability for Economic Loss
- Members Consultative Group, Restatement (Third) of Torts: Intentional Torts to Persons
- Selected for inclusion in Benchmark Appellate Litigation, 2012-2013 editions, as an Appellate Litigation Star in the Seventh Circuit
- ABA Council of Appellate Lawyers
- Harvard Law School, J.D. 1986, cum laude
- Harvard College, A.B. 1983, magna cum laude
- District of Columbia (inactive status)
- United States Supreme Court
- United States Courts of Appeals for the D.C., Federal, 2nd, 5th, 6th, 7th, 8th, 9th, 10th Circuits
Agelo L. Reppas
Agelo L. Reppas concentrates her practice in all phases of civil appellate and post-trial litigation, protecting clients’ interests in state and federal jurisdictions across the nation. Ms. Reppas has a successful record of briefing and orally arguing appeals in a number of practice areas, including construction defect litigation, employment, fidelity and surety, insurance coverage, premises liability, professional liability and transportation litigation, among others.
Ms. Reppas also acts as monitoring appellate counsel at the trial level in high-exposure cases, partnering with trial attorneys in preparing pre-trial motions, motions in limine, motions for directed verdict, jury instructions and jury verdict forms; identifying and preserving errors for appeal; ensuring the record is complete; and preparing and arguing post-trial motions, all of which postures cases for successful resolution on appeal.
- Wash. Counties Risk Pool v. Clark Cty., No. 91154-1 (Wash. 2016) (defended a judgment that coverage under an occurrence-based policy for wrongful conviction claims was triggered when the claimants were convicted and imprisoned, not years later when they were exonerated).
- Certain Underwriters at Lloyd’s, London v. D.R. Horton L.A. Holding Co., Inc., No. G053316 (Cal. Ct. App. 2016) (challenged an order compelling disclosure to a claimant of an insurer/insured’s confidential settlement communications, which took place before the claimant attained judgment creditor status).
- FHP Tectonics Corp. v. Am. Home Assurance Co., 57 N.E.3d 575 (Ill. App. Ct. 2016) (successfully obtained affirmance of a judgment that an insurer owed no duty to defend a purported additional insured, where a self-insured retention endorsement eliminated a duty to defend named or additional insureds).
- Busch Props., Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., 815 F.3d 1123 (8th Cir. 2016) (applying Missouri law) (successfully obtained affirmance of a judgment that an insurer had no duty to indemnify the insured’s purported settlement with third parties, where the insured was not legally obligated to make the payment as no claims or lawsuits had been filed against the insured).
- Chiquita Brands Int’l, Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., 57 N.E.3d 97 (Ohio Ct. App. 2015) (successfully obtained affirmance of a judgment of $13M in defense costs and prejudgment interest, which the insured was required to repay after reversal of the trial court’s erroneous duty to defend ruling).
- Clemente v. N.J. Transit, No. A-002355-12T3, 2015 WL 7047513 (N.J. Super. Ct. App. Div. Nov. 12, 2015) (challenged judgment finding that general liability coverage applied to an automobile liability risk, and that self-insurance was not required to contribute to the loss).
- Steel Supply & Eng’g Co. v. Ill. Nat’l Ins. Co., 620 F. App’x 442 (6th Cir. 2015) (successfully defended judgment for an insurer on the basis that the insured’s defective workmanship did not cause property damage).
- First Health Settlement Class v. Chartis Spec. Ins. Co., 111 A.3d 993 (Del. 2015) (defended a judgment holding that statutory penalties are not covered damages under an excess liability policy).
- Dish Network Corp. v. Arrowood Indem. Co., 772 F.3d 856 (10th Cir. 2014) (successfully defended judgment for an insurer declaring that it had no duty to defend or indemnify insureds in an underlying patent infringement action).
- Lexington Ins. Co. v. St. Bernard Parish Gov’t, 548 F. App’x 176 (5th Cir. 2013) (challenged judgment finding an insurer owed coverage in connection with underlying inverse condemnation claims).
- Silgan Containers, LLC v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., 543 F. App’x 635 (9th Cir. 2013) (defended judgment for an insurer on the basis that the insured’s defective workmanship did not cause property damage).
- Chiquita Brands Int’l, Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., 988 N.E.2d 897 (Ohio Ct. App. 2013) (successfully obtained reversal of judgment for an insured, which had bankrolled Colombian terrorists, on the basis that the insured’s conduct was not accidental and the injury had occurred outside the policies’ coverage territory).
- Granite State Ins. Co. v. Lodholtz, 981 N.E.2d 563 (Ind. Ct. App. 2012) (challenged denial of leave to intervene to seek vacatur of a default judgment entered against the insured).
- Silgan Containers Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., 434 F. App’x 709 (9th Cir. 2011) (successfully defended judgment for an insurer on the basis that the insured’s defective workmanship did not cause property damage).
Presentations and Publications
- Presenter, “Appellate Pitfalls to Avoid When Presenting Your Coverage Case,” Chicago Bar Association (May 9, 2011).
- New York
- J.D. (2000) Washington University School of Law
- B.A. (1995) University of Iowa
- B.S. (1995) University of Iowa
Memberships and Affiliations
- Defense Research Institute
- Hellenic Bar Association
- New York State Bar Association
Douglas J. Collodel
Los Angeles-based attorney Douglas J. Collodel has broad experience working with major corporations and public entities, handling civil litigation matters in state and federal courts. He concentrates his practice on all aspects of appellate law, and has been certified by The State Bar of California Office of Legal Specialization as an Appellate Law Specialist.
Mr. Collodel has briefed and argued numerous cases involving, among other issues, healthcare matters, federal preemption issues, constitutional questions, civil rights violations, government tort claims, business torts, insurance coverage, and general liability disputes. He has participated in proceedings before the United States Supreme Court, United States Court of Appeals for the Ninth Circuit, California Supreme Court and California Court of Appeal, and has more than thirty published decisions.
- Constitutional Law
- Product Liability
- Los Angeles County Bar Association (including Appellate Courts and Appellate Election Evaluations Committees)
- Defense Research Institute (including Appellate Advocacy Committee)
- Italian-American Lawyers Association (including service as president in 2000)
- Notre Dame Monogram Club
- University of Notre Dame, A.B. (1980)
- University of the Pacific, McGeorge School of Law, J.D. (1983)
- U.S. Supreme Court
- United States Courts of Appeals for the 9th and 10th Circuits
- U.S. District Courts for the Central, Northern and Southern Districts
Hall R. Marston
With over 30 years of front-line litigation experience, Hall R. Marston brings a deep and diverse range of skills to the service of the firm’s clients. With over 100 appellate matters, 22 jury trials and more than 30 published opinions which have molded significant elements of the nation’s jurisprudence, Mr. Marston’s practice encompasses a broad sweep of general civil litigation, including products liability, professional liability and healthcare, employment, complex business litigation, corporate and partnership disputes, surety and insurance coverage disputes. As a Certified Appellate Specialist, by the California State Bar’s Board of Legal Specialization, Mr. Marston continues to help shape decisional authority in a wide array of practice areas.
From the outset of his practice to the present, Mr. Marston has had the privilege of participating in some of the major episodes of mass tort litigation regarding pharmaceuticals and medical devices. He has represented defendants in the diethylstilbestrol (“DES”), Dalkon Shield, DPT and polio vaccine, TMJ Teflon implant, Bendectin, and breast implant litigation. In this field, Mr. Marston has had perhaps the most impact in developing the law before the nation’s appellate courts in this challenging environment for manufacturers and distributors.
Mr. Marston has also represented the defense in mass tort litigation involving tobacco (including a published California appellate opinion on the controversial limitations/revival statute), asbestos, benzene exposure litigation, as well handling suits involving heavy machinery, hand held small tools, and environmental contamination. After preparing a summary judgment motion for a manufacturer of a wood-working table router on the grounds of post-sale modifications, the plaintiff accepted a settlement from Mr. Marston’s client of less than one tenth of further costs of defense.
- Drug & Medical Device/Products Liability
- Professional Liability
- Commercial and Complex Litigation
- Certified Specialist in Appellate Law, The State Bar of California Office of Legal Specialization
- Member of the Los Angeles County Bar Association, Appellate Courts Committee, and the America Business Trial Lawyers Association
- Member of the Defense Research Institute
- Voted by his peers, yearly since 2005 , as a “Southern California Super Lawyer,” Los Angeles Magazine
- J.D. (1977) UCLA School of Law
- A.B. (1974) Occidental College, magna cum laude
- United States Supreme Court
- United States Courts of Appeals for the 1st, 2nd, 5th, 9th and 11th Circuits
- United States District Courts for the Central, Northern, Eastern and Southern Districts
Erin E. Dardis
Erin E. Dardis is an attorney in the firm’s Miami office. She focuses on commercial and insurance litigation, medical malpractice defense, trial support, and appellate matters.
- Dade County Bar Association
- J.D. (1995) Syracuse University College of Law
- B.A. (1992) Syracuse University
- New York
- New Jersey