Litigation

Our Litigation attorneys at McDonough Holland & Allen PC represent individuals, businesses, nonprofits, and public entities in a wide variety of litigation at all levels of the state and federal courts.

We have specialists in both trial and appellate practice. A significant portion of our firm’s litigation practice involves arbitration and mediation, instead of or in addition to litigation, especially in the field of construction claims and disputes.

Clients Served

McDonough provides litigation services to individuals; partnerships and corporations; contractors; developers; property owners; title, liability and malpractice insurers and their insureds; sureties on construction and other bonds; manufacturers; automobile dealers and distributors; professionals such as architects, engineers, physicians, accountants and other attorneys; businesses of all varieties and sizes, including franchisors; trade groups, nonprofits and governmental entities. In addition, McDonough’s litigators consult extensively with attorneys in the firm’s other practice areas to avoid or resolve threatened or potential litigation.

Litigation clients include clients of other attorneys in the firm who do not do litigation themselves and clients who come to the firm specifically for litigation expertise. Whatever the source, McDonough litigators seek to resolve the dispute as inexpensively and amiably as possible, as close to the desired outcome as possible.

Civil Litigation

Our attorneys have considerable experience in prosecuting and defending claims and lawsuits such as:

• Commercial and residential construction
• Contractor claims (including mechanics' liens, and stop notice claims, Miller Act claims and surety bonds)
• Business and real estate transactions
• Unfair competition, trade name infringement, antitrust and other business torts
• Condemnation
• Insurance contracts and coverage
• Title insurance
• General business disputes (partnership dissolutions, corporate disputes, sales and purchases of assets)
• Products and premises liability
• Wrongful termination, discrimination and other employment-related matters
• Personal injury
• Professional malpractice
• Probate and trust administration, conservatorships, elder abuse and will contests
• Landlord - tenant issues
• Bankruptcy
• Collections

Professional Organizations

Our attorneys are members of and participate in professional organizations that focus on litigation skills and other skills essential to maintaining their knowledge and training. These organizations include:

• American Arbitration Association
• American Bankruptcy Institute
• American Bar Association and its Section on Litigation
• American Health Lawyers Association
• American Inns of Court Foundation
• American Intellectual Property Law Association
• American Subcontractors Association
• American Trial Lawyers Association
• Anthony M. Kennedy American Inn of Court
• Associated General Contractors of California
• Bankruptcy and Commercial Law Association of Sacramento
• California Community Land Use Project
• California Redevelopment Association and its Legal Committee
• California Society for Healthcare Attorneys
• Contra Costa County City Attorneys Association
• Contractors Financial Management Association
• Federal Bar Association
• International Trade Commission Trial Lawyers Association
• Judicial Advisory Committee for the Eastern District of California and its Local Rules Committee
• League of California Cities
• Milton L. Schwartz American Inn of Court
• National Association of Bankruptcy Trustees
• Northern California Public Real Estate Advisory Board
• Placer County Bar Association
• Sacramento County Bar Association and its Judiciary Committee
• Sacramento Employers Advisory Council
• Sacramento Area Human Resources Association
• Sacramento Valley Bankruptcy Forum
• State Capital Global Law Firm Group
• Urban Land Institute
• Yuba-Sutter County Bar Association

Experience

Many litigation attorneys at McDonough joined the firm with significant experience in the state and federal courts as law clerks and externs. These attorneys bring invaluable information on the inner workings of the courts and the attitudes of judges.

• Marcia Augsburger served as an Extern for the Honorable Edward J. Garcia, United States District Court for the Eastern District of California
• Tod Fogarty served as Law Clerk for the Honorable Robert Puglia, Presiding Justice of the Court of Appeal, Third Appellate District
• Laura Fowler, Will Lichtig and Julie Raney each served as Law Clerks for the Honorable Milton L. Schwartz, United States District Court for the Eastern District of California
• Kimberly Hood served as Law Clerk to the Honorable Robert A. McQuaid, Jr., United States Magistrate Judge for the District of Nevada and also served as a Judicial Extern to the Honorable Frank C. Damrell, Jr., United States District Court for the Eastern District of California
• Ann Taylor Schwing served as Law Clerk for the Honorable Thomas J. MacBride, United States District Court for the Eastern District of California
• Michael Wilcox served as a Judicial Extern for the Honorable Randall R. Rader at the Federal Circuit Court of Appeals