Mark Gergen

Superior Court judge allows families of balcony collapse victims, survivors to pursue punitive damages

Mark Gergen quoted in The Daily Californian, April 29, 2016

UC Berkeley law school professor Mark Gergen said punitive damages can easily be equal to the amount of liability the defendants will have to pay, essentially doubling the amount of payment.

“We’re talking about people who have suffered horrible injuries,” Gergen said. “(Punitive damages) are not likely to be covered by liability insurance.”

Uber passenger says driver’s chase ended in death of SF pedestrian

Mark Gergen quoted in San Francisco Chronicle, April 13, 2016

“Uber was trying to get out in front of it before the customer was fully aware of his medical condition and his legal rights,” he said. Noting that West could make a case for “significant emotional disturbance” and possibly false imprisonment as well as physical injuries, Gergen said, “Uber has a significant liability risk here.”

Experts say balcony collapse that killed 6 likely due to dry rot

Mark Gergen cited in The Daily Californian, June 17, 2015

According to UC Berkeley School of Law professor Mark Gergen, the city will likely revisit its housing code as a result of the balcony collapse. There may be new ordinances or other provisions passed in order to prevent further incidents. Gergen said the victims’ families could have grounds for multiple lawsuits.

2014 Tax Fairness Survey

Mark Gergen quoted in Wallet Hub, May 30, 2014

“As a practical matter investment income is very difficult to tax. My own preference is a wage or consumption tax and wealth tax with a very low rate, such as 0.5%”

A better direction for California’s climate change policy

Mark Gergen and David Gamage write for The Sacramento Bee, March 22, 2014

The proposed carbon tax is a much better mechanism for making those who burn fossil fuels pay for the privilege of doing so. The carbon tax is more transparent, specifying the sums that must be paid for the privilege of emitting greenhouse gases. And unlike cap and trade’s auction proceeds, revenue from a carbon tax can be returned to Californians through direct tax relief.

Suspect’s death puts reward in question

Mark Gergen quoted in The New York Times, March 29, 2013

Mark Gergen, a professor at the University of California, Berkeley, School of Law, said he did not know of any previous litigation in California over whether rewards should be paid if the suspect dies before conviction…. “Looking beneath the surface, in many of these cases there are qualms about whether the person claiming the reward really played an instrumental role,” he said.