Name

HON. JOHN LEO WAGNER, RET.

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HON. JOHN LEO WAGNER, RET.

Retired Federal Magistrate Judge
Available in Orange County, Nationwide
Available for Mediation, Arbitration, and Private Judging assignments

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Introduction

Judge Wagner has 30 years' experience in conducting ADR processes. In 1997, he left the Federal bench to become the Director of the Irell & Manella ADR Center, where he engaged in a full-time practice as a neutral. He previously served for 12 years as a U. S. Magistrate Judge in the Northern District of Oklahoma. He was appointed to this position at age 31, after trying many substantial cases to verdict as litigation partner with Kornfeld & Franklin. While on the Federal bench, he founded and administered a court-annexed mediation program and served as an ADR neutral, in addition to maintaining a full civil caseload.

Judge Wagner has successfully conducted thousands of mediations and arbitrations. He is respected and requested for his extensive experience and skill in resolving multi-party, and extremely complex issues in cases involving intellectual property, construction defect, environmental and mass torts, as well as securities and consumer class actions. He has also earned a reputation for handling matters with a high emotional content including employment, civil rights, partnership dissolution plus all types of business, insurance and personal injury disputes.

One client commented "Judge Wagner offers a unique combination of federal bench and private practice experience. With this experience and his calm and even handed disposition he earned credibility with everyone." Both plaintiff and defense concur Judge Wagner is knowledgeable, intelligent, creative, perceptive and works relentlessly to resolve disputes.

Specialties

Hobbies & Interests

In his spare time, Judge Wagner enjoys spending time with his wife and two sons, who share in his interest in muscle cars, backpacking, chess and travel.

Testimonials

I am writing to express my gratitude and to describe my experience with Judge Wagner. Judge Wagner is as accomplished and hard working mediator who agreed to take our case despite a full schedule. Two prior mediations on the case were fruitless. Despite this, he calmly and strategically mapped out a plan to satisfy nine different parties. Through strict dedication, Judge Wagner was able to keep the parties engaged, where many other mediators would have simply quit. My hat is off to Judicate West, and specifically to John Leo Wagner.
- Attorney, Inland Empire, California

Parties appeared unlikely to settle but Judge Warner stayed with it and helped the parties understand settlement was the best option.
- Attorney on a highly emotional employment wrongful termination dispute

Judge Warner was knowledgeable, calm, and persisten.
- Attorney on a Civil Rights Dispute

He took the time to listen and proposed creative resolutions.
- Attorney on a complex commercial dispute

His perseverance and diligence are unique.
- Attorney on a Consumer Class Action Matter

Judge Wagner's overall approach was very effective. He was very receptive to recommendations by the parties concerning how mediation should proceed. He managed both sides well in a difficult mediation.
- Attorney, Michigan

Judge Wagner was patient when appropriate, firm when he needed to be and "acted like a judge" when that was needed, and that was very helpful in the process. I loved his methodology for reducing plaintiff's demands and increasing defendant's offers.
- Attorney, Orange County, California

From his introduction, to the close of the day, Judge Wagner was the epitome of a mediator. On a very difficult liability case with horrific injuries, he delicately found the middle ground guiding the parties to what will resolve a truly difficult case. One of the most compelling attributes of Judge Wagner is his compassion and relating to clients. Because of Judge Wagner my clients came away from the experience with new respect for the legal system and mediation.
- Attorney, Inland Empire, California

Experience Summary

Legal Career

ADR Neutral, Judicate West Alternative Dispute Resolution
ADR Neutral, Irell & Manella ADR Center, Irell & Manella LLP, Los Angeles
U. S. Magistrate Judge, Northern District of Oklahoma, Tulsa
Trial Lawyer and Litigation Partner, Kornfeld & Franklin, Oklahoma City

Education & Professional Affiliations

J.D., University of Oklahoma College of Law
B.A., University of Oklahoma
Past President and Distinguished Fellow of the International Academy of Mediators
CPR Institution for Dispute Resolution Mediation Advisory Committee
CPR/Georgetown Commission on Ethics and Standards in ADR
Court Administration and Case Management Committee of the United States Judicial Conference
CPR Institute for Dispute Resolution National Panel of Distinguished Neutrals
Southern California Mediation Association
ABA, Orange County Bar Association and Oklahoma Bar ADR Sections
Former Adjunct Professor of Law, University of Tulsa College of Law
Past President, Council Oak American Inn of Court
Past President, University of Oklahoma College of Law Association
Former Director, Federal Magistrate Judges Association
Judge Paul R. Michel Intellectual Property American Inn of Court (Founding Master)

Achievements & Awards

Included on the Daily Journal's list of Master ADR Neutrals in California in 2014 (inclusion on this exclusive list required selection as one of California's Top Neutrals for the previous five years).
Best Lawyers In America's 2015 Orange County Mediation "Lawyer of the Year"
Best Lawyers In America's 2014 Orange County Arbitration "Lawyer of the Year"
Named as one of Southern California's "Super Lawyers" each year from 2007 through 2018, in the field of Alternative Dispute Resolution.
Named in every issue of Best Lawyers in America from 2007 through 2016, in the field of Alternative Dispute Resolution.
Included on the Daily Journal's list of Master ADR Neutrals in California in 2014 (inclusion on this exclusive list required selection as one of California's Top Neutrals for the previous five years).
Named in every issue of Best Lawyers in America from 2007 through 2018, in the field of Alternative Dispute Resolution.
Best Lawyers In America's 2015 Orange County Mediation "Lawyer of the Year"
Best Lawyers In America's 2014 Orange County Arbitration "Lawyer of the Year"

Legal Experience

Environmental
Intellectual Property
Securities
Antitrust
Class Action (including Wage & Hour)
Qui Tam
Complex Business/Commercial
Employment
Insurance matters
Professional Malpractice
Toxic Torts
High Stakes Personal Injury
All types of Federal Court Cases
Environmental
Intellectual Property
Securities
Antitrust
Class Action (including Wage & Hour)
Qui Tam
Complex Business/Commercial
Employment
Insurance matters
Professional Malpractice
Toxic Torts
High Stakes Personal Injury
All types of Federal Court Cases

Representative Case Information

Recent Representative Cases

Business/Commercial

A.D.A Act

Mediated settlement of claims that arose over whether a mall parking lot had accessible handicapped parking.
Mediated settlement of claims that arose over whether an arena had legally required and sufficient handicapped accessible accommodations for guests.
Mediated settlement of claims that arose when an investor lost money and had significant tax consequences for an investment made on the advice of a tax attorney.

Complex Commercial

Mediated settlement of claims that arose when a bank sought to recover from former officers and directors for approving loans that ultimately failed.
Mediated settlement of claims that arose when a product manufacturer alleged a distributor breached the contract by failing to purchase minimum quantities and the distributor alleged the manufacturer failed to produce a quality product.
Mediated settlement of claims that arose when an optician landlord evicted optometrists due to failure to pay complete rent, as rent was based off of sales, which optometrists allege is a violation of CA law prohibiting relationships between opticians and optometrists.
Mediated settlement of claims that allegedly arose when plaintiff was fraudulently induced to invest in Defendants' company.

Consumer Class Action

Mediated settlement of claims that allegedly arose when a bank promised 0% APR, but then raised the rate once the offers were accepted.
Mediated settlement of claims that allegedly arose when a financial corporation failed to properly report for tax purposes payments made toward the negative amortization balance.
Mediated settlement of claims that arose when a retailer refused to give cash back when plaintiff paid with a gift card and there was less than $10 left on the card, in violation of Cal Civ Code.
Case involved 50 million class members. This case had gone on for almost 10 years before Judge Wagner was brought in to mediate it. He mediated the settlement that ultimately obtained final approval, mediated disputes among counsel over fees and mediated with the objectors to obtain a final class action settlement without appeal.
Settlement of Song-Beverly Act Class Action. Included determination of a class benefit involving both direct cash payment and voucher, and settlement of attorneys' fees and costs.

Contractual

Mediated settlement of claims that arose when a supplier for a clothing line failed to timely fill the order and, later, cancelled the contract.
Mediated settlement of claims that arose when an employee alleged that she was entitled to post termination commissions.
Mediated settlement of claims that arose from the dissolution of an architectural partnership.
Mediated settlement of claims against an accountant that arose when her client, a businesswoman and her company, were assessed tax penalties due to alleged errors.
Settled dispute arising out of a 9-figure business acquisition. The dispute involved divergent expert accounting opinions and complex contract interpretation issues. Extensive previous negotiations between the buying and selling CEOs had proven unfruitful, but the deadlock was broken and an agreement was reached and documented during a single mediation session.
This very contentious case involved allegations of fraud in substitution of a sizable life insurance policy. The first mediation before another mediator failed, but the matter was resolved after a thorough airing of contentions and examination of complex insurance documents, by means of a timed shift to an accelerated negotiation technique.
This matter involved a company that engaged in used automobile dealership floor plan and sub-prime consumer financing. The company was in turn financed by loans, secured by notes, from 'friends and family' of the equity owners. To expand the business, the company secured a large loan from a New York hedge fund, which extended the loan after reviewing financials. Once the hedge fund loan was made, an error in accounting was discovered that showed the company was not healthy as portrayed, but insolvent. The company implemented a recapitalization, where notes were reduced and extended in return for equity in a sister corporation. The hedge fund refused to participate. The commercial paper assets were transferred its sister company; there was a default on the hedge fund note, and the company was put into bankruptcy.
This settlement involving the allocation of an escrow reserve established in connection with an 8-figure acquisition of a software company. It involved the interpretation of a complex Stock Purchase & Sale agreement, and settlement of a multi-million claim against the escrow.
Settlement of a case alleging theft of proprietary information and trade secrets when executive left to start a competing business. Settlement involved an agreed injunction, return of intellectual property, and a substantial monetary settlement.
A family business became jointly owned by siblings on a 50/50 basis after the patriarch of the family who established the business died. After 4 decades, there was a bitter falling out, and one sibling sued for dissolution of the business. After determining that there was a mutual desire to sell the business, Judge Wagner designed a process for disposing of the business in an orderly manner. That process included a quick and cheap method of resolving disputes as they arose during the process.
Complex arbitration involving disputes between multiple parties, predecessors and successors who held changing interests in an oil and gas area of mutual interest and leasehold unit. The matter involved multiple contracts, some of which were amended several times and restated. It also involved a determination of reversionary and contract rights pertaining to four zones of production, and multiple assertions of breach of contract concerning three purchase and sale transactions.
Extended multi-party dispute over damages resulting from a penthouse water intrusion.
Multi-million dollar dispute over a contract whereby a top executive bypassed a lucrative opportunity outside the company to help with the purchase of the assets of the family business. The dispute concerned the amount of the bonus he earned by staying through the transition. It involved heavy accounting issues, and expert presentations. The settlement was difficult because the parties were all related and emotionally involved.

Fraud/Misrepresentation

Arbitration regarding a claim that a medical practice was sold to a non-physician in violation of California's ban on the corporate practice of medicine. The Claimant also alleged that negligent misrepresentation regarding profitability of the practice. The proceeds from the practice sold were Contacts-mingled with a retained practice, so as to make the represented profitability impossible to ascertain.

Insolvency

Five-party case involving account stated against a party in bankruptcy. The bankruptcy trustee counterclaimed, alleging product liability, for more than the claim. Third party cross-claims were filed by and against three other parties in the chain of distribution for indemnity. A global settlement resolved all claims.

Securities

Mediated settlement of claims that arose when plaintiffs invested in a TIC at the advice of their tax advisor but the TIC was not feasible due to errors, intentional and unintentional, and problems in the set up and system.

Securities Class Action

Mediated settlement of securities fraud, derivative class action, and breach of fiduciary duty claims that arose when the SEC and the Justice Department prosecuted individuals (not defendants) for stock manipulation scheme.

Employment

A D A

Mediated settlement of claims that allegedly arose when an insurance company denied plaintiff's claim for long term disability (LTD).

Breach of Contract

Mediated payment plan for settlement of claims.

Discrimination

Employment case based on sexual harassment, hostile work environment and other FEHA claims, with a very emotional plaintiff. The plaintiff’s workers compensation case was settled at the same time. The settlement effort lasted long into the night, due to the difficulty of the personalities involved.

EWT and Discrimination

This case involved a disability discrimination employment claim where the first firm representing the plaintiff sued only for worker's compensation retaliation back in 2011. When summary judgment was granted, plaintiff's new counsel sought to amend the complaint to include FEHA causes of action. The trial court denied the motion, that decision was appealed and reversed. The FEHA case was two weeks away from trial when the trial court granted summary judgment on five of six causes of action, leaving only one cause of action for injunctive relief where there was no basis for damages. Both sides were looking at a meaningless trial, anticipating an appeal and then a likely second trial. The case was settled the Monday after the Friday summary judgment ruling.

Hostile Environment

Mediated settlement of claims that arose when a hotel employee was allegedly sexually harassed at work by a co-worker.

Labor Code

Mediated settlement of claims that arose when founders of a company broke up and one founder accused the others of various unfair business practices.

Wage and Hour

Mediated settlement of claims that arose when a mortuary allegedly failed to pay commission to an employee.
Settlement of disability FEHA and defamation claim brought by exempt human resources employee against company and supervisor. Case was highly contentious and emotional.

Wage and Hour Class Action

Mediated settlement of claims that arose when a construction company allegedly failed to pay fair wages, breached employment contracts, failed to provide itemized wage statements and other unlawful business practices.

Whistleblower Wrongful Term

Mediated settlement of claims that arose when an employee was allegedly terminated for complaining about code violations to his supervisors.

Wrongful Termination

Mediated settlement of wrongful termination claims that arose when an employee was allegedly terminated because of her disabilities and medical condition relating to an injury at work.
Seven figure settlement of 13 cases where racial discrimination (African American on Hispanic) and violation of workplace language statue were alleged. The settlement required individual consent of each plaintiff, after a consolidated amount was negotiated.
Pre-suit settlement of race discrimination and harassment case. Repeated charges of co-workers, management, and physician (treating for on-the-job injury) being racist were made by the plaintiff, who was fired when such allegations were asserted against his supervisor. Plaintiff was then rehired and placed on indefinite unpaid leave. Plaintiff resigned as part of the settlement.

Environmental

Environmental Issues

Mediated settlement of claims that arose when releases of hazardous substances and a fire caused contamination at a business that necessitated division of the remediation costs.
Mediated settlement of claims against a business regarding paying remediation costs for environmental contamination from their facility.
Experience includes knowledge of The SGMA (Sustainable Groundwater Management Act). Mediated cases involving the Orange County Water District, which is the product of special legislation, also mediated the “North Basin” litigation involving alleged contamination of the groundwater managed by the OCWD. Served as a Discovery Referee in the "South Basin" litigation (involving approximately 60 law firms) involving similar allegations. Currently mediating a lawsuit brought by the OCWD against a number of defendants county-wide for MTBE (Methyl Tertiary Butyl Ether—a gasoline additive) contamination of groundwater. Also have mediated cases involving the failure of a municipality to renegotiate a water supply agreement with a rural water district, threatening the cut-off of the water supply to thousands of homes, and with contract issues involving the construction of a rural water district water distribution system.

Insurance

Bad Faith

Mediated settlement of claims that arose when a significant leak in a residence was found and the insurance company refused to pay for all alleged damages.
The case stemmed from the embezzlement of millions of dollars in payments designated to purchase annuities for disabled employees of an intergovernmental organization. The embezzler was an employee (or independent contractor, depending on who you ask), of a national structured settlement organization, and the money came from a large insurance market syndicate. The embezzlement went undetected for over a decade. The settlement involved the agreement of approximately 15 of the plaintiff underwriters, the structured settlement defendant, and two of its four insurers (all of which were involved in the settlement negotiations, and two of which were eliminated by way of extensive coverage analysis). The case was resolved by way of a complex, multi-party, multiple blind written Mediator's Proposal.

Coverage

Mediated settlement of claims that arose when an insurance company denied coverage and failed to defend for a medical malpractice matter.
Multi-million dollar suit by business against its insurance carrier for failure to defend and pay indemnity on four cases. Matter was settled as to all four cases, after two rulings on summary judgment pertaining to the duty to defend were handed down.

Intellectual Property

General IP

An operative company was partially owned by one company and the rest by another. The owner was in turn owned on a 50/50 basis. The 50/50 owners were in a bitter and longstanding dispute. The case was settled with a buyout deal that was negotiated late into the night.

IP Patent

Mediated settlement of patent infringement claims that arose when an American company allegedly copied a Canadian company's product.
Patent case involving allegations of infringement and invalidity of 4 patents, involving Canadian and Taiwanese competitors who manufactured consumer hardware for big box stores.

IP Trademark

Mediated settlement of trademark infringement, trademark dilution, cybersquatting and other claims that arose when a company used a name and logo that was similar to a well-known name and logo.
Trademark disputes between competitors with claims and counterclaims approaching trial. The matter was settled by hammering out an agreement managing trademark use for each side.
An equipment manufacturer (whose products were primarily used to grow cannabis) and its distributor (who had gone into the manufacturing business) had a rift and stopped doing business. The manufacturer permitted the distributor to use its photographs and videos in its marketing. When they parted, the distributor took down most of these materials, but there remained legacy photos and videos on its websites. The manufacturer sued for copyright infringement, among a plethora of other causes of action. The distributor reciprocated with a counterclaim. All claims and counterclaims were settled.

Professional Malpractice

Medical Malpractice

Arbitrated Medical Malpractice claims that arose when a patient went to the emergency room and certain tests were not done that would have disclosed cancer.

Professional Malpractice Legal

Mediated settlement of legal malpractice claims that arose when an attorney was retained by an employee for claims made against her at work and the lawyer, without disclosing to the employee, was thereafter retained and did represent the employer.
This was a difficult legal malpractice case where the plaintiffs brought a six-figure case in court. They alleged that it was transferred to an arbitration venue without their informed consent. The arbitrator allowed fraud claims to be added at the end of the arbitration, then found for the defendant on its counterclaim, awarding actual and punitive damages against the plaintiffs--jointly and severally--in the seven figures.
Settlement of a three-party matter that started as a trial expert fee collection case, then grew to include a claim for attorney malpractice, with a cross claim for unpaid attorneys’ fees. All claims and cross-claims were settled.

Real Estate

Breach Of Contract

Mediated settlement of class action claims that arose when a bank entered into an unlawful referral scheme with residential appraisers.
Complex securities negligence and negligent misrepresentation case that was settled in the seven figure range with the excess carrier, but not with the primary carrier, even though there was a strong exhaustion clause in the follow-form policies.

Buy/Sell

Mediated settlement of claims that arose when a defendant found liable for real estate investment fraud declared bankruptcy.

Home Owners Association

Second mediation in a longstanding HOA dispute involving short term (Air B&B type) rentals ("STRs") in an established neighborhood by an amusement park. The negotiation was carried out by the entire HOA board and representatives of a large STR owners group, and resulted in a settlement involving the amendment of the Covenants Conditions and Restrictions ("CC&Rs") of the development.

Real Property

Mediated settlement of claims that arose when a real estate agent and broker allegedly represented both buyer and seller in a residential sale, but failed to advocate and inform the buyer of needed and required information.

Warranty of Habitability

Mediated settlement of breach of warranty of habitability and breach of contract claims that arose when landlord did not make needed repairs and made plans to tear down the residence in the middle of a lease contract.

Tort

Catastrophic Injury

Mediated settlement of claims that arose when a building under constructed exploded.
Six party case involving responsibility for a residential fire, that involved complex liability, indemnity, and insurance issues.

Civil Rights

Mediated settlement of claims that arose when a police dog attacked a deaf elderly woman after home security alarms went off in her house.
Mediated settlement of claims that arose when two people were fatally shot by an off-duty police officer.
Mediated settlement of claims that arose when two parolees were fatally shot by police.
City's alleged denial of First Amendment rights by denial of distribution of political publication at city hall, and attendant cause of action for interference with contractual relationships (based on alleged interference with publication's advertisers) is resolved. The city's policy was revised, monitoring put in place, and financial settlement reached.

Personal Injury

Mediated settlement of claims that arose when a publicity stunt intentionally caused emotional distress to a participant.
Settlement of personal injury case involving brain injury of bicyclist who was riding on the shoulder of a freeway and hit a drain grate. Plaintiff alleged that the lack of a sign prohibiting bicycles on the highway, combined with wide drain grates that could "trap" bicycles created liability on the part of the government entity. Defense contented that the contributory negligence of plaintiff was very large, given that he was riding on the shoulder of the freeway without a helmet.

PI Auto

Mediated settlement of claims that arose when a passenger in a car suffered multiple injuries, including broken bones, when the car she was in crashed into a truck that made an illegal left turn in front of the vehicle.

Premises Liability

Mediated settlement of claims that arose when a teenager was injured when the swing she was swinging on, at a playground, broke.
Wrongful death and serious personal injury from gang related stabbing. Decedent and surviving victim were accosted after school by knife wielding assailant, following an earlier confrontation between the victims and others who had gang affiliations.

Product Liability

Mediated settlement of claims that arose when a medical prosthesis failed causing additional surgery and treatment.
Mediated settlement of class action claims that arose regarding the cracking of computer screens.
Products liability case where the plaintiff's dominant hand was crushed between a sprocket and chain in a heavy industrial strapping machine. It resulted in amputation of fingers and disfigurement of the hand. Plaintiff also suffered from post traumatic stress syndrome and complex reflex pain syndrome. Both the products liability case, and the substantial workers compensation lien were resolved.

Wrongful Death

Mediated settlement of wrongful death claims that arose when a driver died after his car collided with a police car that was proceeding to an emergency without lights or sirens.
Third mediation after previous efforts with a different mediator were unsuccessful in a tractor-trailer to tractor-trailer head on crash, where one driver was killed, leaving a wife (with a long criminal record) and two minor children by a former wife (and guardian ad litem), and the passenger co-driver was severely injured. The settlement involved a structure for the children.

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