In his civil litigation defense practice, Jonathan C. Bacon has extensive experience managing construction product claims, complex construction defect claims, mass toxic tort, and environmental claims.

Developing an in-depth understanding of technical issues and demanding accountability from technical, scientific, and medical experts has been a key to Jonathan’s record of litigation achievements.

Construction Litigation

In the construction arena, Jonathan has represented California and national construction product manufacturers as lead counsel in state-wide and out of state litigation involving window and siding products.  He has managed a broad range of commercial and residential construction defect matters with emphasis on exterior cladding and waterproofing systems and products, earth movement and concrete failures.  He also serves as a private mediator and Special Master in multiparty construction defect and product litigation.

Environmental Toxic Torts Injuries

Community acquired illness cases, such as Legionnaire’s disease, food borne illnesses, mold-related injury and other toxics-based injury claims are actions Jonathan defends effectively and cost-efficiently. His clients include business and property owners, product distributors, general contractors, developers and insurers.

Known for an organized, assertive and frequently humor-injected style in dispute resolution and litigation, Jonathan regularly protects clients’ interests in the courtroom and in mediation and arbitration venues across California. 

Prevailing in Legionnaires’ Disease, Mold Causation and TCE Claims

In February of 2010, Jonathan and his fellow Archer Norris trial team members successfully concluded one of the longest jury trials in Archer Norris history in Los Angeles County wherein 30 plaintiffs alleged that an office building in which they worked was contaminated with Legionella bacteria and that they contracted Legionnaires’ disease or Pontiac Fever as a result.  Following over six months of trial, nine days of deliberations, a hung jury, and declaration of mistrial, the judge granted the defense teams’ Motion for Directed Verdict and the case was dismissed.

In a three-month trial involving complex mold injury claims, Jonathan argued that medical evidence failed to link physical injury to routine exposure to mold.  A defense verdict was reached.

Jonathan reached another favorable outcome in a groundwater contamination case involving tetrachloroethylene (TCE) claims raised by a Central Valley municipality. In this multidefendant action, he structured an advantageous settlement for his client, an irrigation pump refurbishing and repair company. 

Leading the Defense Bar

A highly regarded leader in the legal community, Jonathan is the 2012 president of California Defense Counsel, a member of the Association of Defense Trial Attorneys and the DRI.  He is a past president (2007) of the Association of Defense Counsel of Northern California and Nevada. Jonathan lectures on various construction topics including litigation topics for attorneys, insurance claims departments, construction trade organizations and on the defense of toxic or biological injury claims. 

Jonathan Bacon’s representative matters include: 

• Construction Defect - Has served as lead counsel in the defense of high volume litigation for construction product manufacturers developing customized, systematic, and consistent defense strategies based upon client need and industry position, and, he has defended numerous individual construction contractors, product manufacturers and property owners in construction defect cases involving cladding systems, window and door products, earth movement, water intrusion and waterproofing, synthetic building cladding products, concrete, and roofing issues. 
• Legionnaire’s Disease - Represented a Southern California commercial building owner in a multi-plaintiff claim where physical injuries were alleged as a result of exposure to Legionella bacteria in the subject property from HVAC and building water supply systems.  The Archer Norris defense team prevailed on a Motion for Directed Verdict after over six months of trial. 
• Mold Injuries - Represented three property management/ownership clients facing plaintiffs’ allegations that they became asthmatic from mold caused by an undiagnosed roof leak in the clients’ building. Undermining expert testimony on the link between mold and serious permanent physical injury, Jonathan and the Archer Norris defense team prevailed and obtained a defense verdict at the three-month trial. The matter was a nominee for Alameda County’s Trial of the Year.
• Groundwater Contamination - Represented a private business owner, an agricultural irrigation pump equipment supply, refurbishment and repair company, on behalf of its insurer, in a dispute with a California municipality over cause, cost of investigation and remediation of groundwater contamination by TCE. This complex case involved multiple defendants and federal environmental regulatory law.  Jonathan reached a favorable settlement that mitigated his client’s risk exposure to the lowest possible level.