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Attorney Information

Attorney ROBERT M. GERHARDT

Location
152 North Third Street, Suite 700
San Jose, CA  95112-5560
T: 408.286.0880
F: 408.286.0337

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Practice Groups
Personal Injury – Co-Chair
Alternative Dispute Resolution
Construction
Products Liability
Professional Liability

Admitted to Practice
– All courts in the State of California
– U.S. District Court, all Districts of California
– U.S. Court of Appeals for the 9th Circuit

Education
J.D., Santa Clara University, 1981
B.S., Psychology, University of California, Berkeley, 1978

Presentations and Articles
– “The Fair Claims Practices Act: 2011,” presented with Andy Sclar and Mark Tratten to private client, September, 2011

– "Restitution and Civil Liability: The Crime That Keeps on Giving"

– "Successor Liability: Don't Forget to Ask a Crucial Question"

– Annual presentations to various insurers for certification under the California Fair Claims Settlement Practices Act

ROBERT M. GERHARDT, Partner

Robert joined Ericksen Arbuthnot in 1982. In 1986, he was promoted to partner and practices in the San Jose office. He is co-chair of the Personal Injury practice group. He is AV® Peer Review Rated by Martindale-Hubbell.

He maintains an active civil defense litigation practice in matters involving personal injury including auto, premises liability and product liability. He has tried numerous cases to verdict. Robert regularly speaks on issues pertaining to insurance litigation and presents annual certification seminars for the Fair Claims Practices Act for various insurers. He has also served as a settlement Judge Pro Tem and arbitrator for the Santa Clara County Superior Court and handles private mediations and arbitrations.

Robert has tried dozens of cases to verdict, with outstanding results. He recently won a unanimous jury verdict for his client in a case tried in Santa Cruz Superior Court. Robert's client, a major national retailer, was sued for racial profiling and assault and battery arising out of a shoplifting incident. During a scuffle with the retailer's employees, the plaintiff sustained a head injury and suffered the complete traumatic loss of his sight in one eye. Robert was able to persuade the jury that the store acted reasonably in detaining the plaintiff pursuant to the shopkeepers privilege and found no evidence of discrimination.

Robert received his B.A. in Psychology from the University of California at Berkeley in 1978 and his J.D. from the University of Santa Clara Law School in 1981. He was a member of the Moot Court Program, Law Review, and participated in the Oxford University Program Abroad while attending law school.

He is a member of the California State Bar and the Santa Clara County Bar Association.

 

 

 

CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories – legal ability and general ethical standards.