Todd M. Thacker
Partner
Todd M. Thacker is an experienced litigator who represents clients in toxic tort, asbestos litigation, insurance coverage, and business and commercial matters. The California State Bar has certified him as an appellate specialist. Todd has directed and drafted numerous appeals and writs in California, both as an appellate and a respondent. He has appeared before the First, Second, Fourth, and Fifth District Courts of Appeal in California and federally before the Ninth Circuit. Todd also devotes a portion of his time to dispositive and other complex motion practice. He has litigated corporate, insurance coverage, and contract disputes, working with public and private companies, partnerships, corporations, and individuals. His courtroom experience also includes leading the defense for clients involved in federal multi-district legislation.
Experience Highlights
- Aviel v. Ng: Successfully argued that a deed of trust was functionally equivalent to a mortgage for purposes of interpreting a commercial lease’s subordination clause.
- Lukic v. Valley Crest Tree Company: Successfully defended motion for judgment notwithstanding the verdict in favor of client landscaping company on grounds that plaintiff authorized client’s actions.
- C9 Ventures v. SVC-West, L.P.: Successful appeal against bench trial verdict due to trial court’s incorrect interpretation of the Uniform Commercial Code.
- Aveggio v. Advance Auto Parts, et al.: Product liability case dismissed against clients for lack of jurisdiction via application of the Supreme Court’s recent decision in Bristol-Myers Squibb Co. v. Superior Court.
- Watts v. Ashby Lumber Company, et al.: Product liability case again dismissed against client for lack of jurisdiction via application of the Supreme Court’s recent decision in Bristol-Myers Squibb Co. v. Superior Court.
- Filer v. Foster Wheeler LLC: Summary judgment granted in multi-district litigation against plaintiff’s strict-liability claims on grounds that client shipbuilder’s ship was not a “product” for purposes of strict-liability law.
- Sublett v. Kaiser Gypsum Company, Inc., et al.: Dismissed by plaintiff without hearing after filing summary judgment motion challenging client’s corporate responsibility for a subsidiary’s actions.
- Conners v. Asbestos Corporation Ltd., et al.: Filed successful summary judgment motion in product liability action against client shipbuilder by challenging sufficiency of plaintiff’s evidence against client.
- Trainor v. Allied Packing & Supply, et al.: Successfully demurred to cross-complaint against client on grounds that contractual indemnity provision was not assignable without client’s written consent.
- Lewandowski v. Ampco-Pittsburgh Corporation, et al.: Successfully demurred to complaint against client on grounds that client could not be held liable for a predecessor’s liabilities when the predecessor’s assets were acquired via stock purchase.
- McIndoe v. Asbestos Corporation, Ltd., et al.: Successfully brought summary judgment motion in federal district court on grounds that plaintiffs were barred from seeking recovery because client performed the complained-of actions at the government’s behest.
- Starbucks v. Amcor Packaging Distribution, et al.: Obtained favorable settlement after filing summary judgment motion against negligence action brought by Starbucks Corporation and contract claim brought by Amcor Packaging Distribution.
Admissions
- California
- Washington
- U.S. District Courts for the Eastern, Central, Northern and Southern Districts of California
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court for the Western District of Washington
Education
- University of California Hastings College of the Law, J.D., 1998
- Communication and Entertainment Law Journal: Senior Symposium Editor
- Westmont College, B.A., 1994
Publications & Events
- Quoted in, “Energy Companies Continue Challenge to Appellate Rulings in Climate Change Litigation,” North California Record, July 13, 2022
- Author, “Circuits’ Remand of State Climate Suits May Mean Big Liability,” Law360, June 22, 2022
- “The Anatomy of a State Wildfire Claim in California,” (Co-Presenter), Emerging Risks CE/CLE, March 15, 2022
- “A Review of Key Jurisdictions—Practice, Procedure, Verdicts, and Jury Pools in Illinois, Missouri, California, and Washington,” (Co-Presenter), GS Webinar Series, January 27, 2022