MATTHEW B. DART

Tel: (858) 792-3616
Fax: (858) 408-2900
Email: matt@dartlawfirm.com
Firm Email: info@dartlawfirm.com

Matt is a litigator and trial attorney representing corporate clientele in complex business, commercial, product liability, intellectual property and real estate litigation.

Since graduating magna cum laude from law school in 2001, Matt has been an Associate and then equity Partner at the world’s largest business law firm, DLA Piper (formerly Gray Cary Ware & Freidenrich).  Matt was mentored by the best litigation and trial attorneys in San Diego, many of whom went on to become federal and state court judges.  At Dart Law, Matt continues to offer the same level of expertise and experience, but at smaller firm rates.

He represents a wide variety of public and private companies from Fortune 500 to start-ups, among them industry-leading technology, financial, medical device, healthcare, defense, real estate, and domestic and international businesses.  Matt litigates in state and federal courts throughout the United States, and his experience in these areas ranges across pre-dispute counseling, mediation, arbitration, trial and appellate practice.

Matt has been named a Top Attorney for Corporate Litigation by the Daily Transcript.

Contact Matthew B. Dart


Matt is a graduate of UCSD and has practiced law in San Diego for over 17 years. He resides in Carmel Valley with his wife Stephanie and their three children.

EXPERIENCE


REPRESENTATIVE TRIAL EXPERIENCE

  • Sohrabi v. Hadjibabaie et al.  (San Diego Superior Court) (Declaratory Relief, Breach of Contract, Breach of Fiduciary Duties, Fraudulent Inducement): Represented client in business dispute with former partner regarding validity of contract and alleged tortious conduct. After a week-long bench trial, obtained decision in favor of client on all issues. Opposing parties took nothing on their $3 million cross-complaint

  • Fleischmann et al v DJO Global, Inc.  (San Diego Superior Court) (Strict Products Liability, Negligence): First bellwether trial in complex mass tort litigation involving medical devices.  Defense of company in a five week jury trial resulted in no liability findings and no damages awarded

  • Cardinal Health v. Tyco Electronics, Inc., et al. (San Diego Superior Court) (Commercial Contract, Express and Implied Product Warranties, Indemnity): Complex multi-party litigation over alleged defective electrical connectors in automated medication dispensing units.  After six weeks of jury trial, obtained full dismissal on non-suit motions of all claims against manufacturer client

  • In re Marion O. Nauer Trust (San Diego Superior Court) (Fraud, Breach of Fiduciary Duty): Represented Plaintiffs in a lengthy bench trial opposite the former San Diego County District Attorney.  Obtained bench verdict in favor of clients on all issues, awarding all damages sought

  • In re Hargraves.  Pro bono representation of disabled Navy veteran in bench trial before Social Security Administration Office of Hearings and Appeals regarding claim for disability and income benefits

REPRESENTATIVE BUSINESS AND COMMERCIAL LITIGATION MATTERS

  • Represented marketing company as plaintiff in multi-million dollar contract claim against former business partners

  • Defended seller company in arbitration brought by buyer company alleging breaches of earn-out and holdback provisions in acquisition agreement

  • Prosecuted contract and unfair competition arbitration action for global medical device company against former distributors illicitly marketing client’s bone growth stimulator products

  • Defended multinational insurance company in multi-billion dollar federal action relating to collateralized debt obligations and credit default swaps

  • Obtained dismissal with prejudice of US$120 million False Claims action against global defense contractor related to Destroyer class Naval ships

  • Represented publicly-held commercial manufacturing company on appeal following successful trial defense.  On motion persuaded Court of Appeals to dismiss appellant’s appeal on timeliness grounds

  • Represented medical device company in dispute with former distributors arising out of acquisition of competitor company

  • Represented limited partnership related to a Major League Baseball franchise in an action brought against the City of San Diego related to Petco Park

  • Defended dietary supplement manufacturer in federal action brought by distributors alleging violations of California franchise and antitrust laws

REPRESENTATIVE PRODUCT LIABILITY AND INTELLECTUAL PROPERTY LITIGATION MATTERS

  • Defended global medical technology company as national counsel in complex mass tort litigation arising from cold therapy medical device products

  • Defended college test prep company against trade secret claims brought by national competitor related to core curriculum materials

  • Defended international medical device company in litigation alleging multiple defective products combined to cause injury

  • Represented hotel developer in copyright infringement and unfair competition action brought by design company related to lobby light fixtures

  • Defended orthopaedic bracing company in arbitration brought by competitor alleging trade dress violations related to cervical collar design

  • Defended medical device manufacturer in trade secret action brought by alleged inventor of knee brace design

  • Defended manufacturer against strict products liability claims related to walking boot design

REPRESENTATIVE REAL ESTATE LITIGATION MATTERS

  • Represented a British multinational hotels company as plaintiff in a multi-million dollar construction defect action related to two properties adjacent to a major Anaheim tourist destination

  • Represented publicly-traded REIT in commercial lease dispute with a national hospital system tenant

  • Represented one of the nation’s largest banks in mortgage fraud action resulting in judgment against the defendant in excess of US$1 million

  • Represented major country club in protracted litigation brought by club members and adjacent property owners

  • Defended national escrow company in a multimillion-dollar construction defect and personal injury action arising out of condominium conversion and sales

  • Represented real estate developer in a multimillion-dollar fraud and business tort suit against former partners

  • Defended nation’s largest title insurer in bad faith action seeking seven figure damages and punitives

CREDENTIALS


Admissions

  • California

Recognitions

  • The Daily Transcript named Matt to its list of Top Attorneys for corporate litigation in San Diego.   Matt is also a recipient of the 2003, 2005, 2010, 2013 and 2017 California Bar Association’s Wiley W. Manuel Award for Pro Bono Legal Services, given in recognition of outstanding voluntary provision of legal services to the poor and was recognized by DLA Piper as its 2008 National Senior Associate of the Year for pro bono service.

Education

  • J.D., Pepperdine University School of Law 2001
    magna cum laude
    Law Review
    Dean’s List
    Academic Merit Scholarship

  • B.A., Political Science, University of California at San Diego 1997

Memberships

  • Association of Business Trial Lawyers (San Diego Chapter)

  • UCSD Alumni Association

  • San Diego County Bar Association

  • State Bar of California

Civic and Charitable

  • Former Member, Board of Directors of Boys and Girls Club of Greater San Diego

  • Peers v. Comyns: Represented 92-year-old local resident against trustee who obtained an irrevocable option to purchase her home at a strike price.  Investigation led to criminal charges filed by the San Diego County District Attorney’s Office against the respondent.  Settled the matter on condition of full release by the respondent of any claim to client’s property

  • Represented victims of San Diego’s “Cedar Fire” who were denied coverage by insurance company on fraud and false claims grounds.  Following deposition and negotiation with insurer’s counsel, obtained full coverage and payment to victim and his family for covered losses

  • Sisters of Social Services v. Schulze: Represented Catholic nuns in a trademark action against a former employee who attempted to turn a well-known San Diego charity fundraiser into a for-profit venture benefiting the former employee.  Obtained an expedited settlement including full return of the clients’ property and control of the event