Clifford S. Weingus
Firm Website: http://www.mcternanlaw.com/
For nearly 30 years, Cliff Weingus of McTernan, Stender & Weingus has been successfully representing clients in cases involving all aspects of personal injury and employment law. In the area of personal injury litigation, this has included representation in cases of wrongful death, automobile accidents, serious bodily injury, medical malpractice and elder abuse. In the area of employment litigation, this has included representation in cases of wrongful termination, discrimination, harassment, retaliation and representation of whistle blowers. In addition, Mr. Weingus has successfully represented many employees in negotiation of disputes with their employers in efforts to avoid the filing of lawsuits, including the negotiation of severance agreements. Mr. Weingus will not hesitate before taking on the largest corporations, biggest insurance companies and government entities of all sizes in order to secure justice for his clients. Mr. Weingus has obtained the highest rating available from the internationally recognized attorney rating service of Martindale-Hubbell and the firm of McTernan, Stender & Weingus is recognized in Martindale-Hubbell's Register of Preeminent Law Firms.
Mr. Weingus prides himself on providing comprehensive individual attention to each of his clients. His level of commitment has resulted in outstanding results in settlements and at trial, and a willingness to take up important issues before the highest courts in the State of California. In this regard, Mr. Weingus has successfully argued cases before the California Supreme Court and the Courts of Appeal of the State of California. For example, in one of those cases, Garcia v. Superior Court, the Supreme Court recognized that the State of California could be sued by the family of woman who was murdered by a parolee, after a state parole officer assured the woman that the parolee would not harm her.
Another example can be found in a case involving the law of medical malpractice. Because of a law enacted in California in 1975, called MICRA, the damages which an injured party may obtain against a health care provider in a medical malpractice case have been sharply limited. The most dramatic of these limitations is a cap on damages for pain and suffering of $250,000.
Because of these limitations most personal injury lawyers in California will not take medical malpractice cases.
In the case of Lathrop v. HealthCare Partners Medical Group, the Court of Appeal imposed a significant limitation on the extent to which MICRA could be used by Medical Groups.
In the Lathrop case, after Mr. Weingus and his co-counsel, Jeffrey A. Haas, obtained a substantial jury verdict for their clients, Mr. Weingus persuaded the Court of Appeal that a medical group was not a "health care provider" under MICRA, and therefore would not be entitled to the damages limitations provided by MICRA for its direct negligence.
These are only some examples of the commitment that Mr. Weingus brings to each of his cases, and his zealous advocacy on behalf of all of his clients. Contact McTernan, Stender & Weingus today to discuss your case with Cliff Weingus.
Areas of Practice
- 30% Plaintiff's Personal Injury
- 30% Plaintiff's Medical Malpractice/Elder Abuse
- 30% Employment Law
- 10% Other Litigation
Litigation Percentage
- 90% of Practice Devoted to Litigation
Bar Admissions
- California, 1981
- U.S. District Court Northern District of California, 1982
- U.S. District Court Eastern District of California, 1983
- U.S. Court of Appeals 9th Circuit, 1984
Education
- University of California at Berkeley, Boalt Hall School of Law, Berkeley, California
- J.D. - 1980
- Pennsylvania State University, University Park, Pennsylvania
- B.A. - 1975
- Honors: With Honors
- Major: History
Published Works
- Claims Outside of MICRA Against Medical Groups, Forum (Consumer Attorneys of California), December, 2004
Representative Cases
- Garcia v. Superior Court, 50 Cal. 3d 728 (Supreme Ct. (CA) 1990)
- Lathrop v. Health Care Partners, 114 Cal. App. 4th 1412 (Cal. Ct. Appeals 2004)
- Mirvis v. Crowder, 32 Cal. App. 4th 1684 (Cal. Ct. Appeals 1995)
- Parmett v. Superior Court, 212 Cal. App. 3d 1261 (Cal. Ct. Appeals 1989)
- Mehr v. Superior Court, 139 Cal. App. 3d 1049 (Cal. Ct. Appeals 1983)
Professional Associations and Memberships
- Consumer Attorneys of California, 1986 - Present
- Bar Association of San Francisco, 1986 - Present
- San Francisco Trial Lawyers Association, 1986 - Present
- American Association of Justice, 1986 - Present
Past Employment Positions
- City of Berkeley, Rent Stabilization Board, Chief Counsel, 1992 - 1993
- Law Offices of Joe R. McCray, Associate, 1982 - 1986
Pro Bono Activities
- Military Law Task Force, 2007 - Present
Languages
- English






