No party in courtroom
Deepa Bharath
Anthony Duffy is a Republican. He is also an attorney.
The 55-year-old Newport Beach lawyer says his duty to his client
comes before his allegiance to his party.
Duffy figured that out in the process of winning a $97-million
jury award for client Paul Hindelang in July against William E. Simon
& Sons, a company owned by failed gubernatorial candidate Bill Simon.
That jury award is believed to be the eighth largest in the nation
for the year 2002.
The jury found that Simon’s company and its investors defrauded
Pacific Coin, a pay phone company owned by Hindelang, by concealing a
plan to take the company public after acquiring it. Hindelang
maintained that Pacific Coin was seized by lenders in 2000 and went
out of business because of that plan.
The jury’s decision, however, was overturned by a trial court
judge. Duffy says he is in the process of filing an appeal on behalf
of Hindelang.
Simon’s attorney, William Lancaster, said the jury failed to
consider that Hindelang had a prior conviction for drug smuggling.
“He had failed to disclose his past,” Lancaster said.
Simon’s company would not have gone into business or made
investments for Hindelang if he had revealed that bit of information,
he said.
“The judge did a good job when he overturned the jury’s decision,”
Lancaster said.
But Duffy argues that his client’s drug conviction had nothing to
do with the issue in question.
“The jury clearly saw that these were two separate issues,” he
said. “The jury did not focus on the prior conviction. They focused
on why we were there.”
The biggest challenge he and his team of attorneys faced was
“taking on a very well-funded adversary,” Duffy said.
“This is probably the most high profile case I’ve ever handled,”
said Duffy, who specializes in real estate and business litigation.
He said Simon did not testify in the case, but that he did give a
deposition.
Duffy has practiced in Newport Beach for 22 years and has lived
there for about 16.
He said he did not expect Simon would be the gubernatorial
candidate for the Republican Party.
“I was surprised he came up as a candidate,” Duffy said.
But this case was not about politics, he said.
“I was not about to abandon my client because of my party,” Duffy
said. “We didn’t bring this case up as politics. We didn’t try it as
politics. We dealt with Mr. Simon professionally.”
He said Hindelang will most certainly appeal the trial court’s
decision and is optimistic that the appellate court will uphold the
jury’s decision.
* DEEPA BHARATH covers public safety and courts. She may be
reached at (949) 574-4226 or by e-mail at [email protected].
All the latest on Orange County from Orange County.
Get our free TimesOC newsletter.
You may occasionally receive promotional content from the Daily Pilot.