Eustace de Saint Phalle

Eustace de Saint Phalle

Bio as of May 2017:

Eustace de Saint Phalle leads the Rains Lucia Stern St. Phalle & Silver Personal Injury and Workers’ Compensation Groups. Eustace has established himself as one of California’s top personal injury trial lawyers, having personally litigated multiple cases to settlement, verdict, or judgment with awards in excess of $1,000,000 and as high as $25,000,000.

For the last fifteen years, Eustace has been running a trial team dedicated to the representation of injured individuals in California which has handled matters specializing in civil litigation that involve complicated medical issues and disabilities. Eustace is an accomplished civil litigator in a variety of areas, including industrial accidents, product liability, exceptions to workers’ compensation, premises liability, professional malpractice, auto, bicycle and boating accidents, as well as business disputes.

Eustace has participated in free legal clinics and pro-bono legal services for veterans and various worker unions. He is a member of the Bar Association of San Francisco, American Bar Association, Consumer Attorneys of California, and the San Francisco Trial Lawyers Association.

In 1989, Eustace received a Bachelor of Arts from the University of California at Berkeley. In 1995, he received his Juris Doctorate from the University of San Francisco School of Law, and was subsequently admitted to the State Bar of California. He is admitted to practice in the U.S. District Court, Northern District of California and U.S. Court of Appeals, Ninth District.

Eustace was born, raised and educated in California. His father, Richard de Saint Phalle, was an assistant U.S. Attorney and in private practice handling civil litigation matters. His Grandfather, the Honorable Alfonso J. Zirpoli, began his practice handling personal injury cases. He later became a district attorney, assistant U.S. Attorney and was appointed as a Federal Judge for the Northern District of California by John F. Kennedy.

Eustace litigated and tried the Brian C. v. Contra Costa County Health Services case.  Eustace represented a Mexican immigrant mother and her surviving child in a medical malpractice case concerning negligent management of a twin pregnancy which resulted in the death of one twin and severe brain injury of the other twin.  The verdict included a present value calculation and a future value calculation for future medical and wage payments.  The present value verdict was $12,132,780.82.  The future medical and wage payments was $111,700,000. Per The Recorder, this was the largest medical malpractice verdict in California for the year 2014.

 

Articles written by this author:

Don’t let “junk science” ruin your low-impact, rear-ender case

Identifying and countering the defense’s “junk science” testimony are key to winning over a jury

William Veen
Eustace de Saint Phalle

2009 September


Annuity costs don’t equal damages

Caution: Calculating the present value of future damages by using the cost of an annuity can be injurious to your client’s financial health

William Veen
Eustace de Saint Phalle

2010 February


Unlicensed contractors: Find the positives, not the negatives

The hirer of an unlicensed contractor may face civil liabilities if the contractor — or his employee — is injured on the job

William Veen
Eustace de Saint Phalle

2010 June


Prying attorneys from their deceptive clients

The crime-fraud exception to attorney-client privilege can be a powerful tool to pry out defendant’s secrets and separate the defendant from its former attorneys

Eustace de Saint Phalle
Andrew Clay

2010 December


When workers’ comp is not the exclusive remedy

While an employer is likely protected by the exclusive remedy doctrine, the parent or related companies may not be

George Ellard
Eustace de Saint Phalle

2011 May


When the defendant complains to the court that you have too many experts

In highly technical cases like products liability, issues often arise about multiple experts in overlapping areas of expertise

Eustace de Saint Phalle

2011 November


Workers’ Comp subrogation: Don’t allow your client to be extorted

If you “settle around” the employer, you may find yourself at odds with the subrogation attorney

Michael Gatto
Eustace de Saint Phalle

2012 May


Don’t let defendants Sargon your experts

“…But courts must also be cautious in excluding expert testimony. The court must not weigh an opinion’s probative value or substitute its own opinion for the expert’s opinion.”

Eustace de Saint Phalle
William Veen
Andrew Clay

2013 June


Future medical costs post-Corenbaum

Past-paid medical bills and payments by private health insurance are not evidence of the future cost of care

Eustace de Saint Phalle
Alison M. Karp

2014 September


Unrelated medical issues can hurt your case

Don’t let defense counsel use unrelated medical issues to distract the jury and embarrass your client

Eustace de Saint Phalle

2015 January


Unrelated medical issues can hurt your case

Don’t let defense counsel use unrelated medical issues to distract the jury and embarrass your client

Eustace de Saint Phalle
Andrew Clay

2015 January


Protecting first responders from abuse of the firefighter’s rule

To prevent the defense attorney from playing fast and loose with the firefighter’s rule, know the exceptions

Eustace de Saint Phalle
Joseph Lucia

2015 October


Making certain your demonstrative evidence is admitted

The steps you must take to be certain your often costly demonstrative evidence is presented to the jury

Eustace de Saint Phalle

2016 February


Vocational rehab examination by the defense

Don’t agree to any sham demand for a vocational exam of your client by a defense expert

Eustace de Saint Phalle
Andrew Clay

2017 May


How to win at mud wrestling

Closing argument is the defense’s last chance to smear you and your client. Be ready!

Eustace de Saint Phalle
Andrew Clay

2017 July


Defending your treating physician’s opinion testimony

If your treating doc will testify as to causation, don’t let the defense torpedo the testimony

Eustace de Saint Phalle
Andrew Clay

2017 November


How to maximize your client’s recovery in a workers’ compensation credit hearing

How to maximize your client’s recovery in a workers’ compensation credit hearing

Proving employer fault for the injury can offset the WC credit against your recovery – and you can be paid for your work as an expert witness on damages

Eustace de Saint Phalle
Andrew Clay

2018 July


Dealing with the Cuevas decision

Regarding future medical costs, the appellate court overlooked the uncertainty of health insurance in the future

Eustace de Saint Phalle
Andrew Clay

2018 October


Dealing with the <em>Cuevas</em> decision

Dealing with the Cuevas decision

The basis for a legal argument that ACA insurance benefits cannot be relied upon to meet your client’s future medical needs

Eustace de Saint Phalle
Andrew Clay

2018 November


The cost of future medical care and Cuevas

A look at the methodologies of calculating future medical costs since the Cuevas decision

Eustace de Saint Phalle
Andrew Clay

2018 December


Basics: Working up a motor-vehicle accident case

A look at the process from case intake through the settlement demand

Eustace de Saint Phalle
Olivia K. Leary

2020 July


Establishing the attorney-client relationship in our interconnected world

With the Web educating your potential clients as never before, they are likely to have questions about your qualifications as they interview multiple attorneys

Eustace de Saint Phalle
Olivia K. Leary

2020 August


The right way, or the lazy way

The right way, or the lazy way

Using statutes, industry standards and company policies to demonstrate premises liability in the workplace

Eustace de Saint Phalle
Andrew Clay

2020 October



A facts-based approach to Requests for Admission

A facts-based approach to Requests for Admission

How to use the discovery process with its RFAs to your advantage in an auto-accident case

Eustace de Saint Phalle
Eean L. Boles

2021 June


Preparing for and defeating bogus 998 objections

Preparing for and defeating bogus 998 objections

Plaintiff should consider an early 998 offer both for heightened pressure to negotiate a settlement and financial reward if the offer is beaten at trial

Olivia K. Leary
Eustace de Saint Phalle

2021 August


What an expert needs to know to testify on causation

What an expert needs to know to testify on causation

Take your cues from CACI and appellate rulings like Etherton, and don’t be afraid of the eggshell plaintiff

Eustace de Saint Phalle
Phil Johnson

2022 May



Evolution of the collateral source rule and its effect on life-care planning

Understand this 1988 ruling and be skeptical of the data and methodologies relied upon by defense life-care planners that would ignore it

Eustace de Saint Phalle
Sarah Madan

2022 August


Medicine for attorneys: Fractures

Medicine for attorneys: Fractures

How to present fractures and associated injuries at trial

Olivia K. Leary
Eustace de Saint Phalle

2023 June


Don’t let the defense misuse social media to depict your client

Don’t let the defense misuse social media to depict your client

How defendants misrepresent a plaintiff’s condition through social media

Shana M. Nazarian
Eustace de Saint Phalle

2023 July


What you don’t know about workers’ comp can hurt you

What you don’t know about workers’ comp can hurt you

A look at the pitfalls for an unrepresented claimant in the WC system

Eustace de Saint Phalle
Taylor E. Arnold

2023 September


Doctors, doctors, doctors

Doctors, doctors, doctors

Medical providers and evaluators; their roles in the workers’ comp process

Eustace de Saint Phalle
Jessica E. Berlat

2023 November


Presumptions! Presumptions! Presumptions!

Watch out for WC statutory presumptions when resolving the injury or illness case for a first responder

Jessica E. Berlat
Eustace de Saint Phalle

2024 May


Medicine for attorneys: Spinal injuries

Understanding and presenting spinal/back and neck injuries at trial

Olivia K. Leary
Eustace de Saint Phalle

2024 June


Uncover hidden damages: Early onset dementia in brain-injury cases

Are you seeking compensation for all of plaintiff’s future harm, including earlier dementia?

Ramona H. Atanacio
Eustace de Saint Phalle

2024 August