
Some Halloween spirit (as well as some mini Luke Skywalkers) were present in the EPS San Diego office.

Some Halloween spirit (as well as some mini Luke Skywalkers) were present in the EPS San Diego office.

OBERJUERGE Argues Before the California Court of Appeal
The national seminar (with a Top Gun theme) of the National Association of Subrogation Professionals was attended by Barry Ponticello and Carlos Americano. A night on the USS Midway and other activities were part of the subro discussions. EPS maintains an active state wide workers’ compensation subrogation practice.



Firm partner Terry Wheaton, who has been with the firm nearly two decades, retired from every day practice at the end of September 2025. Mr. Wheaton will continue with counseling and some conflict appearances with the firm, but has concluded his exemplary and impressive decades long trial practice.
A celebratory event was held for Terry at the EPS San Diego office.






Barry Ponticello was successful again at the 9th Circuit, this time reversing the BRB on a 33 USC 928 issue. Oral argument was held at the Pasadena 9th Circuit location, addressing the application of Supreme Court precedent.
The EPS San Diego office took in a Padres game. Not only a win, but back to back to back home runs! Great time had by all!


At the San Francisco location of the 9th Circuit, Barry Ponticello argued an LHWCA matter involving 33 USC 928, notice and finality issues. Mr. Ponticello and the defense team prevailed following argument, and attempts at rehearing were also denied.
EPS has litigated appellate matters at the California District Courts of Appeal, California Supreme Court, United States Circuit Courts of Appeal and the United States Supreme Court.
The EPS civil/subro team has been busy collecting more recoveries in their subrogation pursuits. Northern and southern California recoveries have continued to be be obtained in 2024.
Barry Ponticello was a proud invitee at the christening of the USNS, a vessel built by long time EPS partner National Steel and Shipbuilding (NASSCO) in January 2023.
U.S. Supreme Court Justice Kagan did the christening at the event, also attended by the Secretary of the Navy.


University of San Diego (USD) School of Law Features Ponticello in Alumni Spotlight

August 2022: EPS partner Barry Ponticello was featured as the first alumni spotlight by the USD Law School.
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