Gaby has represented defendants in general litigation, toxic tort and asbestos matters for more than 40 years. She has prepared hundreds of cases for trial, many of which concluded before verdict by way of settlement or dismissal. Below are some highlights of her trial results.

• Obtained favorable settlement during the plaintiff’s case in chief involving a premises claim against a local construction company, the first asbestos case to start trial in San Diego County in over 10 years. The case was prepared in just three weeks.
• Trial counsel in a complex case where the plaintiffs sought damages in excess of $6 million for diminution of value of 30 acres of real property in San Diego County resulting from the extraction of several mature trees, including claims of punitive damages against the client. After the jury’s apportionment of fault to the parties, the client’s net verdict was $175,600.
• Obtained dismissal of the case during trial against the client in a disputed asbestosis case which involved successor liability, foreign treaty issues, and government contracts by persuading the judge to require the plaintiffs to make an offer of proof on key issues.
• Earned a defense verdict after less than two hours of jury deliberations in a 27-year-old living mesothelioma case which was referred to the firm just six weeks before the first day of trial. With virtually nothing done by two sets of previous counsel, the team investigated the exposure, prepared strategies, retained experts, and conducted a five-week jury trial.
• Acted as lead counsel in pretrial motions and handled jury selection in a case which ultimately resolved for all but one defendant, who went on to receive a defense verdict by the selected jury.
• Defended one of 20 parties involved in a case which, at the outset, involved much controversy among the defendants and counsel as to how the case should be tried, how the jury should be selected, and how to share duties in pretrial matters. The firm had several clients in the case, all of whom ultimately settled during the trial. The two defendants who did go to verdict were victorious.
• Earned summary judgment in the U.S. District Court in North Carolina on all causes of action where the client was the only defendant in the case.
• Earned summary judgment in the MARDOC MDL docket in the Eastern District of Pennsylvania on the Government Contractor Defense.
• Negotiated the dismissal for no indemnity payments of over 90,000 cases pending nationally.
• Obtained dismissal for the client after openings in a living mesothelioma case against a number of wire and cable defendants. Was asked to stay and assist with the trial for the remaining wire and cable defendants. Coordinated all experts for the defense, prepared the directs and crosses, and worked with the witnesses in preparation for their testimony. The lone remaining defendant received a defense verdict.
• Achieved a complete defense verdict for a wire and cable defendant in a consolidated group of seven living lung cancer cases tried in reverse bifurcation.
• Handled the pretrial matters and jury selection, then succeeded in securing the dismissal, with prejudice, before opening statement in a multi-case, multi-party trial in then “litigation happy” West Virginia. The dismissal disposed of almost 2,000 cases pending.
• Defended the client in a consolidated action involving thousands of cases pending. The only issue actually litigated was whether the manufacturer defendant’s products were defective under West Virginia product liability law. Because of a last-minute reversal by the judge on a motion to include appropriate jury instructions, the jury found against all defendants, but no damages were assessed as that was to be litigated in the next phase of mini trials. No liability trials were ever sought and the verdict remains, with no real impact in the state’s litigation.
• Acted as lead defense counsel for a group of wire and cable defendants in a reverse bifurcated bench trial. It resulted in a $3.5 million verdict which was resolved in phase two, the liability phase of the trial.
• Early in her career, she began trial in more than 40 lung cancer and asbestosis cases in Northern California counties. Most resulted in settlements during different phases of the trials. Tried a colon cancer case which resulted in a defense verdict. Tried an asbestosis case which also resulted in a defense verdict.