In re Romero (L.A. Super.Ct. No. 16STPB03815, March 2, 2018). Obtained a ruling by the
Los Angeles Superior Court that the spouse
of a person in a permanent vegetative state is the person’s presumptive surrogate for end-of-life decision-making. (An appeal by the adverse party is anticipated.)
Aamer v. Obama (D.C. Cir. 2014) 742 F.3d 1023. Obtained a ruling by the Court of Appeals for the District of Columbia Circuit that the federal district courts had habeas corpus jurisdiction over challenges by six hunger-striking Guantánamo Bay detainees to the abusive manner in which they were being force-fed. (During the pendency of subsequent proceedings, the detainees were released from custody, thus mooting
In re Glass (2014) 58 Cal.4th 500. Unsuccessful effort in the California Supreme Court to defend a ruling by the California State Bar Court that a journalist who had fabricated magazine articles had established his rehabilitation and
current fitness to practice law in California.
Ian J. v. Peter M. (2013) 213 Cal.App.4th 189.
Obtained a ruling by the California Court
of Appeal that, as a matter of constitutional
law, grandparents seeking unsupervised visitation with grandchildren were required to present clear and convincing evidence that visitation was in the grandchildren’s best interests.
In re National Security Agency
Telecommunications Records Litigation (N.D. Cal. 2010) 700 F.Supp.2d 1182. Obtained a ruling by Federal District Judge Vaughn R. Walker that President George W. Bush’s warrantless
wiretapping program violated the Foreign
Intelligence Surveillance Act. (The Ninth Circuit Court of Appeals subsequently reversed the
judgment based solely on sovereign immunity.)
In re Marriage Cases (2008) 43 Cal.4th 757.
Participated in same-sex marriage litigation in
the California Supreme Court as counsel for
amicus curiae California State Conference of the National Association for the
Advancement of Colored People.
North Coast Women’s Care Medical Group, Inc.
v. Superior Court (2008) 44 Cal.4th 1145.
Obtained a ruling by the California
Supreme Court that the federal and California constitutional rights to free exercise of
religion and free speech do not guarantee a
right to deny fertility treatment to lesbian
patients. (With Jennifer C. Pizer of Lambda Legal Defense and Education Fund.)
Elkins v. Superior Court (2007) 41 Cal.4th 1337.
Appointed by the California Administrative
Office of the Courts to represent the Contra
Costa County Superior Court in litigation
before the California Supreme Court successfully challenging the superior court’s local rule governing the presentation of
evidence in marital dissolution proceedings.
Kibler v. Northern Inyo County Local
Hospital District (2006) 39 Cal.4th 192. Obtained
a ruling by the California Supreme Court
that hospital peer review proceedings
are protected by California’s anti-SLAPP law.
Fair v. Bakhtiari (2006) 40 Cal.4th 189. Obtained a ruling by the California Supreme Court that the rule of mediation confidentiality applies to a memorandum, produced during mediation, of terms for inclusion in a future
Mooney v. Caspari (2006) 138 Cal.App.4th 704.
Obtained a ruling by the California Court
of Appeal, based on the doctrine of collateral
estoppel (issue preclusion), reversing a
judgment of legal malpractice.
Schiavo ex rel. Schindler v. Schiavo (11th Cir. 2005) 403 F.3d 1223, 1261, application for stay denied pending petition for certiorari, 544 U.S.
945 (2005). Member of the legal team
representing Michael Schiavo in defense against federal court challenges to the removal of artificial life support from his wife Terri Schiavo.
Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180. Obtained a ruling by the California
Supreme Court that an appeal from an order
denying an anti-SLAPP motion stays all further trial court proceedings on the merits during the
pendency of the appeal.
Mycogen Co. v. Monsanto Co.
(2002) 28 Cal.4th 888. Obtained a ruling by the California Supreme Court confirming
that California follows the
“primary rights” theory of res judicata.
Conservatorship of Wendland (2001) 26 Cal.4th 519. Represented 49 health care institutions and individual bioethicists in the California
Supreme Court as amici curiae in litigation
concerning the applicable standard of proof for
judicial review of a conservator’s decision to
withhold artificial nutrition and hydration from a minimally conscious conservatee.
Foxgate Homeowners’ Association v. Bramalea
California, Inc. (2001) 26 Cal.4th 1. Obtained a ruling by the California Supreme Court that there are no judicially-created exceptions to the statutory-based rules protecting the
confidentiality of mediation communications
and imposing limits on the content of
Franklin v. Terr (9th Cir. 2000) 201 F.3d 1098.
Obtained a ruling by the Ninth Circuit Court of Appeals that an expert witness has absolute
immunity from liability fo civil damages under 42 United States Code section
1983 for purportedly conspiring to
present perjured testimony at a criminal trial.
People ex rel. Department of Corporations v.
SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135. Obtained a ruling by the
California Supreme Court that an attorney who is “of counsel” with a law firm is subject to the rule that imputes a conflict of interest
to members of the same firm.