Joseph A. Schwar - Irvine, CA

Overview

Mr. Schwar has been engaged in managing eminent domain and inverse condemnation litigation and appellate work on behalf of owners of real property and businesses taken or damaged by public projects for over sixteen years. He obtained a published opinion from the California Supreme Court to overturn prior law that public agencies had used to thwart property owners' inverse condemnation claims against public entities. He has sought and obtained repair costs and other damages for numerous clients whose properties were damaged by landslide or subsidence and liability and damages were disputed. Mr. Schwar manages environmental and contamination matters including disputes over cleanup agreements and responsible party designations, arguments over remediation costs, methods, and reimbursements, and impacts upon property development, highest and best use, and valuation.

Mr. Schwar has successfully resolved landlord-tenant disputes over lease interpretation, common area maintenance charges, and oil and gas leases. He has also favorably employed the Uniform Commercial Code to resolve contractual claims over deficient and defective goods received from an overseas supplier. Mr. Schwar has pursued insurance coverage and bad faith claims to recover monetary damages in excess of the amount initially claimed and has aided a client in navigating an insurer's examination under oath being used to probe for signs of insurance fraud or other excuse to deny the client's insurance claim.