Tony’s practice focuses on complex and class action litigation in state and federal courts throughout the country. He has handled a variety of subject matters in his practice, including product liability, intellectual property (patent, copyright and trademark), commercial, construction defect, premises liability, defense of shareholder derivative actions, trade secret litigation, employment and wage-and-hour, and commercial receivables disputes. Tony's cases have been in state courts, federal district courts and U.S. Courts of Appeals, and his clients range from Fortune 100 companies to small local companies.
Tony’s successes include multiple cases before the U.S. Court of Appeals for the Ninth Circuit. In one case, Tony represented telecommunications service provider CellXion in a shareholder derivative and appropriation of trade secrets action. Tony and his team persuaded the district court to dismiss the case with prejudice, and on appeal, they persuaded the Ninth Circuit to confirm that dismissal. In another case, Tony represented a global pharmaceutical company in a product-liability matter. He and his team successfully petitioned a California state court to remove more than 40 cases to federal court, but the federal court remanded the cases. An en banc Ninth Circuit reversed the lower court’s remand, finding subject jurisdiction to be proper.
Tony M. Diab, Too Good to Last? Will the FDA'S Proposed Rule Put an End to Generic Drug Preemption Under Mensing and Bartlett?, Defense Counsel Journal: January 2015, Vol. 82, No. 1, pp. 28-41.
Tony M. Diab, Note, Resale Price Maintenance: Per Se Legality Revisited, 7 Geo. J.L. & Pub. Pol'y 597.