Profile
In his civil litigation defense practice, Jonathan C. Bacon has extensive experience managing mass toxic tort, environmental and complex construction claims.
Developing an in-depth understanding of technical issues and demanding accountability from scientific, medical and technical experts has been a key to Jonathan’s record of litigation achievements.
Focused on Environmental Toxic Torts Injuries
Community acquired illness cases, such as Legionnaire’s disease, food borne illnesses, mold-related injury and other toxics-based injury claims are actions he defends effectively and cost-efficiently. His clients include business and property owners, product distributors, general contractors, developers and insurers.
Known for an organized, assertive and frequently humor-injected style in dispute resolution and litigation, Jonathan regularly protects clients’ interests in the courtroom and in mediation and arbitration venues across California.
Prevailing in Mold Causation and TCE Claims
In a three-month trial involving complex mold injury claims, Jonathan argued that medical evidence failed to link physical injury to routine exposure to mold. A defense verdict was reached.
Jonathan reached another favorable outcome in a groundwater contamination case involving tetrachloroethylene (TCE) claims raised by a Central Valley municipality. In this multidefendant action, he structured an advantageous settlement for his client, an irrigation pump refurbishing and repair company, in this investigation, remediation and cost dispute.
Risk Reduction and Mediation in Construction Litigation
In complex construction litigation, he manages matters involving earth movement, concrete science, exterior cladding systems and windows and mold contamination crossover. Jonathan minimizes client liability in sophisticated, high-demand defect claims involving commercial high rises, single family homes, condominiums and major industrial properties. He also serves as a private mediator and Special Master in multiparty construction litigation.
Leading the Defense Bar
A highly regarded leader in the legal community, Jonathan is a past president (2007) of the Association of Defense Counsel of Northern California and Nevada. He is a member of the Association of Defense Trial Attorneys and the DRI. Jonathan lectures on various construction topics including litigation topics for attorneys, insurance claims departments, construction trade organizations and on the defense of toxic or biological injury claims.
Experience
Jonathan Bacon’s representative matters include:
- Mold Injuries - Represented three property management/ownership clients facing plaintiffs’ allegations that they became asthmatic from mold caused by an undiagnosed roof leak in the clients’ building. Undermining expert testimony on the link between mold and serious permanent physical injury, Jonathan and the Archer Norris defense team prevailed and obtained a defense verdict at the three-month trial. The matter was a nominee for Alameda County’s Trial of the Year.
- Legionnaire’s Disease - Representing a Southern California commercial building owner in a multi-plaintiff claim where physical injuries are alleged as a result of exposure to legionella pneumophila bacteria in the subject property.
- Groundwater Contamination - Represented a private business owner, an agricultural irrigation pump equipment refurbishing and repair company , on behalf of its insurer, in a dispute with a California municipality over cause, cost of investigation and remediation of groundwater contamination by TCE. This complex case involved multiple defendants and federal environmental regulatory law. Jonathan reached a favorable settlement that mitigated his client’s risk exposure to the lowest possible level.
- Construction Defect - Defend numerous construction defect cases for contractors, subcontractors and property owners involving injury and damage claims connected to earth movement, water intrusion and waterproofing, synthetic building cladding systems, concrete, roofing and windows.