Successfully represented actor-filmmaker in a copyright infringement case involving the piracy of thirteen films; Ninth Circuit clarified the scope of the work-for-hire doctrine and reinstated multimillion-dollar copyright judgment for client, but vacated right of publicity judgment because of Copyright Act pre-emption (Jules Jordan Video, Inc. v. 144942 Canada Inc., et al. (9th Cir. 2010) 617 F.3d 1146).
Defended homeowners in negligence and premises liability action brought by the injured worker; California Supreme Court clarified the scope of Cal-OSHA’s “household domestic service” exception (Cortez v. Abich (2011) 51 Cal.4th 285).
Successfully represented city worker involved in a traffic accident; obtained reversal of jury verdict on the ground that CACI instruction misstates employee/independent contractor tortfeasor test (Bowman v. Tommie Wyatt, Jr., et al. (2010) 186 Cal. App.4th 286).
Successfully represented two partners sued by the former partner; obtained reversal of jury verdict and new trial order based on disjunctive wording in the special verdict form.
Successfully represented insurance carrier who obtained a preliminary injunction requiring former independent contractor insurance agent to return confidential information after termination; preliminary injunction affirmed.
Consulted in bankruptcy appeal in which Ninth Circuit Bankruptcy Appellate Panel clarified that the scope of the bankruptcy discharge injunction does not constrain a testamentary disposition.
Trial Court Matters
Successfully obtained reversal of default judgment in wage and hour class action based on defects in proof of service.
Won motion to dismiss based on improper venue on behalf of the employer in civil rights action where deceased employee’s family sought multimillion-dollar damages.
Won summary judgment in federal court on behalf of city and city employees in civil rights action where plaintiff suspect alleged there was no probable cause to arrest and search him.
Won motion to tax costs by $50,000 based on jury instruction and verdict form that showed jury had already considered line item when awarding damages.
