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Don G.  Rushing Don G. Rushing

Partner
Primary Office: San Diego

Email: drushing@mofo.com
Phone: (858) 720-5145
Fax: (858) 720-5125

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Selected examples of Mr. Rushing's client representations include:

  • In Re: Air Crash of Flash Airlines Flight 604 near Sharm el-Sheikh, Egypt in January 2003 — Mr. Rushing represents Honeywell International in the crash of Flash Airlines Flight 604 near Sharm el-Sheikh, Egypt in January 2003, defending wrongful death actions filed by the estates of passengers and crew. The crash resulted in the loss of 148 persons aboard a 737-300 aircraft. The cases were initially brought in the Central District of California, but were transferred to France on a forum non conveniens motion.
  • American Arbitration Association Proceeding — Mr. Rushing represented an electric utility in a commercial arbitration with another electric utility under American Arbitration Association commercial rules concerning a nuclear power plant co-owned by the utilities. The subject of the arbitration was the adjustment of the respective ownership interests of the parties under the facility operating agreement as a result of an expensive steam generator replacement project funded by the operator and majority owner. The amount in dispute was over $1 billion.
  • U.S.A. ex rel. v. General Atomics — Mr. Rushing served as the lead trial lawyer for General Atomics in a False Claims Act case tried in San Diego federal court.  The case involved allegations by the Government of profit pyramiding in certain contracts entered into with an affiliate alleged to be a related party under common control.  Opposing counsel were the Department of Justice, Civil Division, the U.S. Attorney’s Office for the Southern District of California, and a private attorney for the relator.  Summary judgment on three counts was rendered in favor of General Atomics before trial.  After a two week trial, the Court entered a statement of decision rendering judgment in favor of General Atomics on all four remaining counts.
  • In Re: Air Crash Off Point Mugu, California, on January 31, 2000 — Mr. Rushing represented Alaska Airlines as lead trial counsel in multi-district litigation involving wrongful death and survival claims by the heirs and estates of the 88 passengers and crew who perished in the crash of Alaska Airlines Flight 261 on January 31, 2000, near Point Mugu, California. Intensive fact and expert discovery led to a series of successful motions to remove punitive damages from the case, limit theories of recovery against the airline under the Warsaw Convention, stipulate to liability to remove potentially harmful evidence from the trials, and prepare and try damages claims.  Trial commenced in the MDL Court in June 2003 leading to settlements during trial of all but one of the remaining cases.  The remaining case was settled before trial in the transferor court.
  • Carver, et al. v. Uniroyal, Inc. — This series of cases was tried to a jury over a two month period in San Diego Superior Court.  These product liability cases involved a complex set of facts arising out of a single-vehicle accident in the Carlsbad, California, area in which the occupants of a pickup truck were seriously injured (one death, one quadriplegic, two other serious injuries) when the right rear tire lost tread, the driver lost control of the vehicle, the truck struck the center divider, and the occupants of the bed of the pickup were thrown over the center divider into oncoming traffic.  The case was bifurcated on liability and damages with all four consolidated cases being tried together on the issue of liability.  The jury made a finding of liability after a 30-day trial.  The case then proceeded to a complete trial of each of the four cases on the issue of damages.
  • Covert v. USA et al. — Mr. Rushing served as lead trial counsel for B.F. Goodrich in a complex product liability case tried to a jury in San Diego federal court.  The case involved the mismatching of a 16½-inch rim with a 16-inch light truck tire that resulted in the explosion of the tire as it was over-inflated, causing serious brain injury to the tire mounter. 
  • O’Harren v. McDonnell Douglas, et al. — Mr. Rushing served as lead trial counsel for Boeing, Sherwin-Williams, and Guardian Chemicals in a six month jury trial in San Diego Superior Court.  The case involved a claim by a PSA pilot of exposure to chemicals from the rain repellant system of a McDonnell Douglas MD-80 aircraft.
  • U.S. v. Stringfellow — Mr. Rushing served as lead underwriter’s counsel for insurers of the State of California in a CERCLA case to determine whether the state would be held liable in part for the cleanup of the Stringfellow waste disposal site.  The case was tried over a two month period to a jury in Los Angeles federal court.  Mr. Rushing assisted the State Attorney General’s Office in presenting evidence at the trial, arguing all motions, and designing the defense strategy for the case.