Orange County
Most recently, Khai was lead trial counsel for EFG Bank and Erste Abwicklungsanstalt (which acquired the assets of former WestLB) in their lawsuit against AXA Equitable Life Insurance Company in the Southern District of New York, arising out of Equitable’s cost of insurance rate increase in 2016. EFG and EAA sought close to $100 million in damages. After several years of litigation, the case settled over the weekend before jury selection on very favorable terms. The settlement continued a string of recoveries Khai has achieved for clients pursuing claims against carriers that raised their cost of insurance rates.
Khai was lead trial counsel for EFG, EAA, and Obra Capital in their lawsuit against John Hancock Life Insurance Company in the Southern District of New York, arising out of John Hancock’s cost of insurance rate increase in 2018. EFG, EAA, and Obra sought over $100 million in damages. The case settled the evening before jury selection on very favorable terms.
Last year, Khai was lead trial counsel for a life insurance agent sued for fraud in connection with a life settlement transaction. The plaintiff sought over $10 million in damages. Following a one-week trial, the jury returned a complete defense verdict, and the case settled before judgment was entered.
Khai was lead trial counsel in a two-week bench trial in an action against a school district arising out of its allocation of $417 million in bond funds. The plaintiffs, led by a taxpayer association, sought $90 million for construction of a new school. After navigating a year-long political imbroglio and defeating plaintiffs’ summary judgment motions following a defense that Judge Pressman described as “brilliantly argued,” the case proceeded to a trial that resulted in a decision in favor of the district on all claims. Khai also defended and argued the appeal, in which the trial court’s judgment was affirmed.