Kevin E. Whelan

Kevin Whelan is a Partner in GRSM's Environmental/Toxic Tort, Commercial Litigation and Insurance practice groups. He has represented and served as trial counsel for numerous business entities, asbestos defendants, product manufacturers and insurance companies and been responsible for case strategy and litigation from responsive pleadings through trial and appeal.

His broad background in business law and commercial litigation includes representation of companies in contract and tort claims, copyright/ trademark claims and litigation, software licensing, class actions matters, bankruptcy claims, fraud and breach of fiduciary duty matters and employment related actions.

In addition to trial representation of numerous product manufacturers and asbestos defendants, Kevin's trial practice includes obtaining defense verdicts for a national, top-three insurer against bad faith allegations, insurance agent/brokers against professional negligence, fraud and misrepresentation claims and a national medical product manufacturer against claims for breach of contract, breach of warranty and fraud. 

He has resolved numerous matters prior to trial by way of successful motions for summary judgment and mediation or arbitration.

Admissions

• California
• U.S. District Court, Central District of California

Representative Cases

Court of Appeals:

• Barker v. Hennessy Industries, Inc., 206 Cal.App. 4^th 140 – Argued no liability for product manufacturer for the defects in another entity’s product even if the two products could  foreseeably be used together.
• Shields v. Hennessy Industries, Inc., 205 Cal.App. 4^th 782 – Argued that product manufacturer cannot be liable for defect in another entity's product even if foreseeably used together.
• Merrill, et al. v. Leslie Controls, Inc. et al., 179 Cal.App.4^th 262 – Argued no evidence of liability for product defendant.
• Peralda, et al. v. Fire Insurance Exchange, 2008 Cal.App. Unpub, Lexis 7673 – Confirmed successful trial court verdict of non-liability for insurance bad faith. 

Presentations

Insurance Bad Faith Litigation
Gallagher Bassett Services, Inc., Aliso Viejo, CA (October 2009)

Recent Developments in California Asbestos Litigation
Travelers Insurance, Greenwood Village, CO (October 2009)

Education

J.D., Creighton University School of Law

B.A., Political Science, University of California, Santa Barbara