John D. Winer

John D. Winer

Partner
Location:
Oakland, California
Phone:
(510) 433-1000
Email:
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John D. Winer is recognized statewide by his colleagues as an outstanding litigation and trial attorney. He has obtained record-setting verdicts and settlements over the last 36 years, often in cases in which his client's economic survival and ability to overcome serious trauma and the death of a loved one were at stake.

Mr. Winer is frequently asked to lecture to other attorneys in his areas of specialty and emphasis including wrongful death, serious personal injury, psychological injury, employment litigation, psychotherapist malpractice, healthcare provider sexual abuse, workplace sexual harassment, elder abuse, traumatic brain injury and catastrophic injury cases. See Practice Areas page for complete list.

TRIAL EXPERIENCE:

1980-Present:
Many civil jury trials to verdict including Rahn v. Lowinger. M.D., resulted in a $7.1 million dollar verdict; Walker v. Parzen which resulted in a $4.5 million dollar verdict; Curtis v. Dizmang in which a jury awarded $1.5 million dollars; Hettick and Bryant v. FedEx $2.3 million dollar verdict.

HONORS / CERTIFICATION:

California Trial Lawyers Association (Consumer Attorneys of California) - Recognition of Experience certification in the following areas:

Experienced Trial Lawyer

Professional Negligence

Products Liability

General Personal Injury

Public Entity Liability

RATING:

Martindale-Hubbell's AV Rating (the highest rating in the Directory).
Listed in The Top 100 Discrimination and Harassment Employment Lawyers in the United States by eBossWatch

SIGNIFICANT ARBITRATION AWARD:

Webster v. DeAnda - Arbitration award of $1.37 million.
0'Hehir v. Kaiser - $175,000 binding arbitration award on behalf of
three sisters whose sister died as a result of medical malpractice
at Kaiser.

CHAIRPERSONSHIPS:

1998: Chair, CAOC Tahoe Seminar
1998: Education Chair, San Francisco Trial Lawyers Association
1996: Education Chair, San Francisco Trial Lawyers Association
1995: Chair, CTLA Annual Convention
1993: Chair, CTLA Annual Convention
1992: Co-Chair, CTLA Annual Convention

JUDGE TRIAL ADVOCACY:

Judge Trial Advocacy Program, Golden Gate University

MEDIATOR:

1995-Present: Mediator in personal injury/therapist
sexual abuse cases/sexual harassment cases.

ARBITRATOR:

1985-Present: Arbitrator in employment and personal injury cases

LEGISLATION:

1989-Present: Testified before Legislature in Sacramento on various bills
1984-Present: Review legislation, Consumer Attorneys of California.

View awards and recognition including 2006 Consumer Attorney of the Year -
Awards Finalist Info

Areas of Practice

  • Sexual Harassment
  • Sexual Abuse
  • Employment Discrimination
  • Personal Injury

Certified Legal Specialties

  • Arbitrator, 1985-Present
  • Mediator, 1995-Present
  • California Trial Lawyers Association (Consumer Attorneys of California), Experienced Trial Lawyer
  • California Trial Lawyers Association (Consumer Attorneys of California), Professional Negligence
  • California Trial Lawyers Association (Consumer Attorneys of California), Products Liability
  • California Trial Lawyers Association (Consumer Attorneys of California), General Personal Injury
  • California Trial Lawyers Association (Consumer Attorneys of California), Public Entity Liability

Bar Admissions

  • California, 1979

Education

  • University of San Francisco School of Law, San Francisco, California
    • J.D. - 1979
  • Golden Gate University School of Law, San Francisco, California
    • Major: Judge Trial Advocacy Program
  • University of Florida
    • B.A. - 1976

Published Works

  • Lead Author of Proving Mental and Emotional Injuries

Representative Cases

  • Webster v. DeAnda
  • 0'Hehir v. Kaiser
  • Rahn v. Lowinger. M.D.
  • Walker v. Parzen
  • Curtis v. Dizmang
  • Hettick and Bryant v. FedEx

Classes/Seminars

  • Faculty, Hastings College of Trial Advocacy, 1988 - 2000
  • Faculty Examiner, American Academy of Psychiatry and the Law, 1988 - 1990
  • Faculty, ATLA National College of Advocacy, Ultimate Trial Advocacy Course, 1996

Honors and Awards

  • CTLA Outstanding Achievement Award, 1991
  • CTLA Presidential Award of Merit, 1992
  • CTLA Presidential Award of Merit, 1993
  • CTLA Presidential Award of Merit, 1995
  • CA-PAC Trench Soldier Award, 1996
  • Outstanding Service Award on Behalf of the Consumers of the State of California by CA-PAC, 1996
  • Consumer Attorneys of California, Presidential Award of Merit, 1998
  • Consumer Attorneys of California, Presidents Club, 1998
  • Finalist for California Consumer Attorney of the Year, 2006
  • One of four finalists for San Francisco Trial Lawyer Association Trial Lawyer Of The Year, 2006
  • Recognized by Northern California Super Lawyers, which means John is in the top 5% of Lawyers in Northern California
  • Super Lawyers, 2013 - 2017
  • Webster v. DeAnda - Arbitration award
  • 0'Hehir v. Kaiser - Arbitration award
  • Listed in The Top 100 Discrimination and Harassment Employment Lawyers in the United States by eBossWatch
  • Martindale-Hubbell's AV Rating

Professional Associations and Memberships

  • Co-Founder of the National Advocacy Network for Abused Patients, 1993 - Present
  • California Trial Lawyers Association Recognition of Experience Board, 1989 - Present
  • San Francisco Trial Lawyers Association, Education Chair, 1999 - 2001
  • San Francisco Trial Lawyers Association, President, 2000
  • Consumer Attorneys of California (formerly California Trial Lawyers Association), Vice President, 1994 - 1999
  • San Francisco Trial Lawyers Association, President, 1998 - 1999
  • San Francisco Trial Lawyers Association, Treasurer, 1996 - 1997
  • San Francisco Trial Lawyers Association, Parliamentarian, 1995 - 1996
  • San Francisco Trial Lawyers Association, Education Chair, 1995 - 1996
  • Consumer Attorneys of California, Parliamentarian, 1998
  • CTLA, Financial Secretary, 1992 - 1994
  • Trial Lawyers for Public Justice, 1997 - Present
  • Consumer Attorneys of California (formerly California Trial Lawyers Association), Sustaining Member, 1980 - Present
  • American Trial Lawyers Association, Sustaining Member, 1980 - Present
  • San Francisco Trial Lawyers Association, 1980 - Present
  • CAOC Tahoe Seminar , Chair, 1998 - Present
  • San Francisco Trial Lawyers Association, Education Chair, 1998 - Present
  • San Francisco Trial Lawyers Association , Education Chair, 1996 - Present
  • CTLA Annual Convention , Chair, 1995 - Present
  • CTLA Annual Convention, Chair, 1993 - Present
  • CTLA Annual Convention , Co-Chair, 1992 - Present

Past Employment Positions

  • Law Offices of John D. Winer, Principal, 1990 - 2005
  • Less, Weaver & Winer, San Francisco, Partner, 1986 - 1990
  • Lewis & Lewis, San Francisco, Associate, 1980 - 1986