Robert K. Phillips, a founding partner of the firm, is a veteran of over 100 trials. As defense counsel, Mr. Phillips has obtained a defense verdict in 95% of his jury trials. In the 5% of jury trials in which a defense verdict was not rendered, the ultimate award was less than his clients’ settlement offer prior to trial. Mr. Phillips has successfully tried all cases in which he has represented plaintiffs, obtaining millions of dollars for his clients including awards of punitive damages. Mr. Phillips’ trials have involved allegations of wrongful death, product liability, construction defect, negligent security, insurance bad faith, breach of contract (employment, real estate, transactional), premises liability, trade secret infringement, real estate fraud, wrongful eviction, professional errors and omissions, rent control violations and foodborne illness. He has also served as national coordinating counsel in Proposition 65 litigation and successfully prosecuted claims of patent and trademark infringement.
Mr. Phillips received his Juris Doctorate degree from the University of Notre Dame in 1985 and his Masters of Law degree from the London School of Economics and Political Science in 1986. He also received a Bachelor of Arts degree from the University of Arizona and a Master’s degree in Theology from Boston University. Mr. Phillips was Associate Professor of Business Law and Political Science at the American College of London for two years.
In recognition of his litigation experience, Mr. Phillips has received commendation from the United States Department of Justice and has been a frequent guest on the nationally syndicated program, Legal Incite. He has frequently lectured at local universities and presently serves as arbitrator and mediator for both the San Francisco County Superior and Municipal Courts. Mr. Phillips is also a Marin County Commissioner and a Trustee for Garrett Theological Seminary.
Mr. Phillips is admitted to practice in California, Indiana, and Nevada and is a member of the California Bar Association, the American Bar Association and the International Bar Association.
Mr. Phillips’ published opinions include:
- Creditors’ Collection Service v. Hanzell Vineyards, Ltd., 5 Cal. App. 4th Supp. 1 (1992)
- State Farm Fire and Casualty Company v. Yu Kiyo, Ltd., et al., 870 Fed. Supp. 292 (1994)
- Edwards v. A.L. Lease & Co., (1st Dist., Div. 5) 46 Cal. App. 4th 1029 (1996)
- Wilson v. Wal-Mart Stores, Inc., 72 Cal. 2 App. 4th 382 (1999)
- Moore v. Wal-Mart Stores, Inc., 111 Cal. App. 4th 472 (2003)
- Sanchez v. Wal-Mart Stores, Inc. et al, 221 P.3d 1276 (2009)
- V&P Trading Co., Inc. v. United Charter LLC, 212 Cal.App.4th 126 (2012)
Mr. Phillips also manages the firm’s Las Vegas office, which has yielded numerous favorable opinions and legal precedent, including:
- Wilson, D. v. Wal-Mart Stores, Inc., 2016 WL 1595351 (D.Nev. Apr. 19, 2016) (order granting summary judgment in favor of retailer in products liability action)
- Wilson, K. v. Wal-Mart Stores, Inc., 2016 WL 1169456, at *1-2 (D.Nev. Mar. 21, 2016) (excluding over $1.2 million in past and future damages)
- Logan v. Wal-Mart Stores, Inc., No. 2:15-cv-1116-JCM-VCF (D.Nev. Mar. 4, 2016) (order excluding untimely disclosed future medical expenses where the plaintiff disclosed additional future medical expenses nearly three months after the initial disclosure deadline and just days prior to the expert disclosure deadline)
- Greene, Jackie v. Wal-Mart Stores, Inc., 2016 WL 829981 (D.Nev. Jan. 26, 2016) (order granting Walmart’s motion for dismissal sanctions), adopted by Greene v. Wal-Mart Stores, Inc., 2016 WL 829977 (D.Nev. Mar. 3, 2016)
- Winfield v. Wal-Mart Stores, Inc., 2016 WL 259690 at *1-4 (D.Nev. Jan. 20, 2016) (order granting exclusion sanctions and detailing two prior exclusion orders in the same matter, including exclusion of over $4,000,000 in damages), affirmed by Winfield v. Wal-Mart Stores, Inc., 2016 WL 1169450 (D.Nev. Mar. 22, 2016)
- Love v. Wal-Mart Stores, Inc., A699214-C, Judgment (Eighth Judicial District Court, Clark County, Nevada, August 13, 2015) (defense judgment following defense award at arbitration)
- Morton v. Wal-Mart Stores, Inc., 620 Fed.Appx. 583 (9th Cir. 2015) (Ninth Circuit order affirming summary judgment in retailer’s favor in premises liability action)
- Staples v. Wal-Mart Stores, Inc., 2015 WL 476172 (D.Nev. Feb. 4, 2015) (order granting summary judgment in favor of defendant on premises liability action)
- Montilla v. Wal-Mart Stores, Inc., 2015 WL 5458781 at * 3 (D.Nev. Sept. 16, 2015) (order excluding over $100,000 in past medical expenses)
- Mumford v. Wal-Mart Stores, Inc., No. 2:14-cv-00787, ECF No. 24 (D.Nev. Jan. 22, 2015) (order excluding $713,000 in future damages)
- Shakespear v. Wal-Mart Stores, Inc., 2:12-cv-01064 –MMD-PAL, Jury Verdict (D.Nev. Nov. 7, 2014) (defense verdict following jury trial)
- Aleksanyan v. Wal-Mart Stores, Inc., A686112-C, Judgment (Eighth Judicial District Court, Clark County, Nevada, November 5, 2014) (defense judgment following defense award at arbitration)
- Esquivel v. Wal-Mart Stores, Inc., 2:13-cv-01968 –GMN-CWH, Order Granting Walmart’s Motion for Sanctions (D.Nev. Oct. 30, 2014) (order excluding $759,000 in future medical expenses, excluding plaintiff’s neuropsychologist expert, and excluding all evidence of traumatic brain injury and residual cognitive impairment)
- Grady v. Wal-Mart Stores, Inc., 2014 WL 3611952 (D.Nev. July 21, 2014) (order granting summary judgment in favor of defendant on premises liability action)
- Smith, T. v. Wal-Mart Stores, Inc., 2014 WL 3548206 (D.Nev. July 16, 2014) (order granting defense motion to exclude $164,028 in future medical expenses and excluding retained medical expert)
- Alcantara v. Wal-Mart Stores, Inc., 321 P.3d 912 (Nev. 2014) (Nevada Supreme Court opinion affirming trial court’s dismissal of defendant on issue preclusion grounds)
- McConnell v. Wal-Mart Stores, Inc., 2:12–cv–01601–RCJ–PAL, Jury Verdict (D.Nev. Feb. 24, 2014) (defense verdict following jury trial)
- Williams-Harvest v. Wal-Mart Stores, Inc., 508 Fed.Appx. 679 (9th Cir. 2013) (order affirming summary judgment in premises liability action against retailer)
- Rios v. Wal-Mart Stores, Inc., 2:11-cv-01592-APG-GWF, Min. Order (D.Nev. Dec. 11, 2013) (order excluding $171,500 in future medical expenses)
- Patton v. Wal–Mart Stores, Inc., 2013 WL 6158461, at *5 (D.Nev. Nov. 20, 2013) (order excluding $129,084 in past medical expenses)
- Green, John v. Wal-Mart Stores, Inc., 2:13-cv-00244-CMN-NJK (D.Nev. Sept. 16, 2013) (order granting defendant’s motion for sanctions and recommendation for dismissal of action)
- Tzvetanova v. Wal-Mart Stores, Inc., 2:12-cv-02069-RCJ-CWH, Docket No. 95 (D.Nev. Aug. 6, 2013) (order granting motion to exclude expert witnesses, evidence and over $840,000 in damages)
- Perez v. Wal-Mart Stores, Inc., 2013 WL 3427900 (D.Nev. July 8, 2013) (order granting summary judgment in favor of defendant in premises liability action)
- Shakespear v. Wal-Mart Stores, Inc., 2013 WL 3491172 at *7 (D.Nev. July 8, 2013) (order excluding Plaintiff’s two retained medical experts and excluding $228,000 in future medical expenses)
- Smith, D. v. Wal-Mart Stores, Inc., 2012 WL 4051925, at * 3 (D.Nev. Sept. 13, 2012) (order excluding $320,000 in damages)
- Olaya v. Wal-Mart Stores, Inc., 2012 WL 3262875 at *4 (D.Nev. Aug. 7, 2012) (order excluding $1.2 million in future medical expenses and future lost earnings)
- Baltodano v. Wal-Mart Stores, Inc., 2011 WL 3859724 at *3-4 (D.Nev. Aug. 31, 2011) (order excluding $429,000 in future medical expenses)
- Smith, D. v. Wal-Mart Stores, Inc., 2010 WL 3724235 (D.Nev. Sept. 15, 2010) (order granting summary judgment in favor of defendant in premises liability action)
Honors
- Commendation, United States Department of Justice
- Marin County Commissioner, 2010 to present
- Trustee, Garrett Theological Seminary, 2012 to present
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