Representative Cases


Morse v. Frederick, 127 S.Ct. 2618 (2007)
Amicus Counsel for the National School Boards Association and the American Association of School Administrators. The Supreme Court of the United States upheld the right of a high school principal in Juneau, Alaska, to discipline a student who held up a banner proclaiming 'BONG HiTS 4 JESUS' during a school-endorsed activity even without a showing of likely material disruption to the school environment. In doing so, the court overruled the previous decision of the Ninth Circuit Court of Appeals, which would have imposed personal liability on the principal for violation of the studentís First Amendment rights.

Atwater Elementary School District v. Department of General Services 41 Cal 4th 227 (2007)
The California Supreme Court issued a landmark decision when it held that the four-year period for a school district to bring dismissal charges against a teacher is not absolute. The District contended the four-year period should be extended based on principles of equity and fairness in order to permit the District to introduce evidence of sexual misconduct that occurred more than four years before the filing of the dismissal notice.

Musa Camara v. City of Los Angeles et al. Case Number 96-55959 USDC, C.D. Cal.
Discrimination claims based on religion and national origin asserted by LAPD defense representative against City and other command officers and investigators. Summary judgment for defendants, upheld on appeal by Ninth Circuit.

Wimberly v. City of Los Angeles et al. LASC. Contract Number 92134.
Racial discrimination and harassment claims by LAPD officer directed to commanding officer over allegedly improper statements made at briefings. Summary judgment for all defendants granted, and upheld on appeal.

Ruiz and Gantong v. California Dept. of Corrections. Case No. 56072 (Madera County Superior Court).
Racial, gender, and marital status discrimination claims asserted by husband and wife correctional officers against CDC and warden. Dismissal of all claims at first trial. Claims reinstated by court of appeal on first appeal. Second trial resulted in verdict for wife and against husband. On second appeal, verdict in favor of wife for marital status discrimination reversed, and appellate court entered judgment in favor of defendants on gender harassment claim, rather than remand matter for third trial.

Okun v. Morton. (1988) 203 Cal.App.3d 805
Action against the majority partner in a restaurant by a minority partner for specific performance, declaratory relief, and damages. Following a nonjury trial, the trial court granted the minority partner specific performance and awarded him compensatory and punitive damages for fraud, breach of contract, and tortius breach of contract. The court also specified the manner in which the parties were to share in all future business ventures. The Court of Appeal Affirmed in part and reversed in part. The court held the award of compensatory and punitive damages for the majority partner's bad faith and denial of the contract and for fraud was improper.

Mundy v. Household Finance Corp. (9th Cir. 1989) 885 F.2d 542.
Former employee brought age discrimination action against his former employer. District court granted summary judgment to employer and employee appealed. Court of Appeals held that employee failed to raise any genuine issue regarding breach of implied covenant of good faith and fair dealing, employer had legitimate reason for discharging employee, and determined that employer's offer of money to employee in exchange for release of claims was inadmissible settlement offer and was not abuse of discretion. Affirmed. Circuit Judge concurred in result.

Novato Fire Protection Dist. v. United States. (9th Cir. 1999) 181 F.3d 1135
Fire protection district filed complaint in state court seeking judicial declaration as to validity of its action to detach military base from district. Following removal, the United States District Court for the Northern District of California granted summary judgment for government, and district appealed. The Court of Appeals held that detachment action was improper attempt to levy tax on United States. Affirmed.

Mobley v. Los Angeles Unified School District. (2001) 90 Cal.App.4th 1221
Subcontractor brought action against school district, Division of Labor Standards Enforcement (DLSE), and workers following a hearing at which school district was found to have reasonable cause to withhold wages and penalties from subcontractor for his alleged failure to pay workers prevailing wage. School district and DLSE demurred, in part based on statute of limitations. The Superior Court sustained the demurrers and entered judgment for workers. Subcontractor appealed. The Court of Appeal held that positions taken by workers during DLSE hearing did not violate subcontractor's civil rights, hearing was inadequate to protect subcontractor's due process rights, and general statute of limitations for writs of mandate applied to subcontractor's writ. Affirmed in part, reversed in part.

Ecklund v. Byron Union School District, Slip Copy, 2005 WL 3086580 . (9th Cir.(Cal.))
Amicus Counsel on behalf of the California School Boards Association. The District won before the 9th Circuit Court of Appeals, having demonstrated that it lawfully taught about religion.

Duval v. Board of Trustees (2001) (2001) 93 Cal.App.4th 902.
Established the principle that a legislative body may conduct comprehensive personnel evaluations in closed session, including a discussion of evaluation criteria and setting goals for future performance.

California Teachers Association v. Rialto Unified School District (1997) 14 Cal.4th 627.
Served as Amicus Counsel. In this case the California Supreme Court clarified the priority to be given to presently employed qualified, credentialed employees for coaching positions.

Belanger v. Madera Unified School Dist. (9th Cir. 1992) 963 F.2d 248.
Established case law that K-12 school districts have 11th Amendment immunity to Section 1983 civil rights claims.

Dilts v. Cantua Elementary School Dist. (1987) 189 Cal.App.3d 27.
Helped define the legal principle that plaintiffs suing school districts must first comply with the Tort Claims Act.


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