On May 25, 2011, Barry Ponticello argued before the California Supreme Court in the matter of Seabright Insurance v USAirways. This matter arose out of a workers’ compensation subrogation action filed by Mr. Ponticello.

The Court accepted review to address issues of non delegable duties and the parameters of affirmative contribution in the Privette context. The matter, which EPS reversed at the appellate level, was accepted by the Supreme Court for review and argument.