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Experience
Litigation
State of Arizona, et al. v. Arizona Board of Regents, et al.
Court of Appeals of Arizona
Superior Court of Arizona
Counsel for Arizona Board of Regents (ABOR) in the Arizona Superior Court and the Court of Appeals of Arizona, defending suit by the State Attorney General concerning ABOR's lease of land to Omni Hotels for the construction of a hotel adjacent to the Arizona State University campus, where the Arizona Court of Appeals affirmed the decision of the Arizona Superior Court to (1) dismiss three counts of the Attorney General's suit on the grounds that he did not have statutory authority to bring those three counts; (2) grant summary judgment to ABOR on the fourth count that alleged a violation of the Arizona Gift Clause on the grounds that the Attorney General's complaint was untimely under the Arizona statute of limitations; and (3) grant ABOR an award of nearly $1 million for attorneys' fees. (Decided April 20, 2021, No. TX2019-000011) ___ Ariz. ___, ___ P.3d ___ (2021)
State of Arizona, ex rel, Mark Brnovich, Attorney General v. Arizona Board of Regents
Supreme Court of Arizona
Counsel for Arizona Board of Regents (ABOR) in the Arizona Superior Court, the Arizona Court of Appeals, and the Arizona Supreme Court, defending suit by the state attorney general alleging that ABOR’s tuition policies violated the state constitution. Agreeing with ABOR’s position, the Arizona Supreme Court affirmed the trial and court of appeals decisions holding that the attorney general did not have statutory authority to bring his constitutional claim. The Supreme Court also remanded for further proceeding the attorney general’s separate challenge to ABOR’s now-abandoned practice of charging in-state tuition to DACA students graduating from Arizona high schools. (Decided November 25 , 2020, No. CV-19-0247) ___ Ariz. ___, ___ P.3d ___ (2020)
AmerisourceBergen Corporation, et al. v. Dialysist West Inc.
U.S. District Court for the District of Arizona, U.S. Court of Appeals for the Ninth Circuit
Trial and appellate counsel for Dialysist West. The district court entered judgment on pleadings that Bergen was not entitled to offset damages that Dialysist West allegedly owed as to one product against sums that Bergen owed Dialysist West for another product. The district court also held that Bergen was not entitled to amend its pleadings to retract several admissions and that Dialysist West was entitled to immediate entry and enforcement of judgment despite its insolvency and Bergen's pending claims. The Ninth Circuit affirmed in all respects. 445 F.3d 1132 (9th Cir. 2006)
B.K. et al. v. Snyder
U.S. Court of Appeals for the Ninth Circuit
Represented children in the Arizona foster care system. The children alleged that Arizona’s state-wide policies and practices deprived them of required medical services, among other things, and thus subjected them to a substantial risk of harm. The Ninth Circuit affirmed the district court’s order certifying a class of all children who are or will be in the Arizona foster care system. 2019 WL 1868287 (9th Cir. 2019).
Boeing v. Egypt Air
U.S. Court of Appeals for the Second Circuit
Appellate counsel for Boeing. In a case arising out of the 1999 crash of EgyptAir Flight 990, Boeing brought a complaint to declare its rights against EgyptAir and its Egyptian insurer, Misr Insurance. The Second Circuit affirmed the district court's denial of Misr's motion to dismiss Boeing's complaint based on sovereign immunity, personal jurisdiction, and the Declaratory Judgment Act. 2007 WL 1315716 (2d Cir.)
Cali v. Rosenberg
U.S. Court of Appeals for the Ninth Circuit
Appellate counsel for directors of UDC. The Ninth Circuit affirmed dismissal with prejudice of a fraud-on-the-market, securities fraud complaint brought against UDC and its directors. No. 93-15862 (9th Cir. 1994)
Chartis Property Casualty Co. v. Alpert
U.S. Court of Appeals for the Ninth Circuit
Appellate counsel for appellant-insureds. Appeal seeks reversal of summary judgment that the insured’s whistleblowing was subject to an insurance policy’s business-pursuits exception. Briefing has closed; case is pending. No. 13-16864.
City of El Mirage v. City of Glendale
Appellate counsel for El Mirage. The case concerned Glendale's alleged failure to comply with Arizona's Open Meeting Law in adopting a zoning ordinance. The Court of Appeals held that the challenge was untimely. No. 1 CA-CV 07-0209 (2008)
Cox Arizona Publications Inc. v. Collins
Superior Court of Arizona, Maricopa County, Arizona Supreme Court
Appellate counsel for Cox Arizona Publications. The State Supreme Court reversed the Court of Appeals and held that Cox was wrongfully denied access to police records under Arizona’s public records law. 852 P.2d 1194 (Ariz. 1993)
Dobson v. State of Arizona
Supreme Court of Arizona
Counsel for Members of Commission on Appellate Court Appointments. The Supreme Court invalidated under the Arizona Constitution a state statute that would alter the judicial nomination system, and awarded attorneys’ fees under the private attorney general doctrine. No. CV-13-0225-SA, P.3d (2013).
Hook v. Arizona Department of Corrections
U.S. Court of Appeals for the Ninth Circuit
Pro bono trial and appellate counsel for class plaintiffs in institutional reform litigation. Arizona's Department of Corrections moved to modify a civil rights injunction that required the State to pay a special master's fee in monitoring compliance with the injunction. The district court refused to modify the injunction and held the defendant in contempt for failure to make the required payments. The Ninth Circuit affirmed in all respects. 107 F.3d 1397 (9th Cir. 1997)
Johnson, et al. v. Arizona Hospital and Healthcare Association, et al.
U.S. District Court for the District of Arizona, U.S. Court of Appeals for the Ninth Circuit
Trial counsel for defendant hospitals in alleged price-fixing class action and lead counsel for defendants in opposing interlocutory appeal from partial denial of class certification. Case pending. No. CV 07-01292-SRB (D. Ariz.) and No. 09-901-42 (9th Cir.)
Knorr-Bremse Systeme Fuer Nutzfahrzeuge GMBH v. Dana Corp.
U.S. Court of Appeals for the Federal Circuit
En banc appellate counsel for Semiconductor Industry Association. Authored amicus brief arguing that a court should not draw an adverse inference when a defendant charged with willful patent infringement fails to obtain legal advice or refuses to disclose that advice. 383 F.3d 1337 (Fed. Cir. 2004)
Long v. Napolitano, et al.
Court of Appeals of Arizona
Appellate counsel for John F. Long. The Court of Appeals held that an Arizona statute creating the State's Tourism and Sports Authority (which oversaw funding and construction of the Phoenix Cardinals' stadium) did not violate the State constitutional debt limitation or prohibition against special legislation. 53 P.3d 172 (Ariz. Ct. App. 2002)
Meyers v. Bayless, et al. and Arizonians for Clean Elections
Superior Court of Arizona, Maricopa County, Arizona Supreme Court
Appellate counsel for Arizonans for Clean Elections. The Arizona Supreme Court held a ballot initiative to establish the Citizens Clean Elections Act complied with State constitutional requirements and should be placed on the general election ballot. 192 Ariz. 376, 965 P.2d 768 (1998)
Microsoft Corporation v. AT&T Corporation
U.S. Supreme Court
Amicus counsel for Intel Corporation. Authored amicus brief arguing that § 271(f) of the Patent Act does not subject U.S. software companies to liability for worldwide sales simply because the master version of the software was designed and exported from the United States. 550 U.S. 437 (2007)
Mosely v. V Secret Catalogue Inc.
U.S. Supreme Court
Amicus counsel for Best Western International Inc. and Starwood Hotels & Resorts Worldwide Inc. Authored amicus brief on the standards for an injunction claim for trademark dilution. 537 U.S. 418 (2003)
Patterson v. Maricopa County Sheriff's Office
Court of Appeals of Arizona
Trial and appellate counsel for employee of Sheriff's Office. In a case involving Arizona's little Hatch Act, the Court of Appeals affirmed a summary judgment that the employee had been wrongfully discharged for participation in a political campaign. 865 P.2d 814 (Ariz. Ct. App. 1993)
Polteco v. Smith & Nephew Richards Inc.
Court of Appeals of California
Appellate counsel for Polteco. Defended on appeal a $100 million jury verdict in a medical technology case involving breach of contract and fraud. Case settled after briefing. No. A 050518 (Cal. Ct. App. 1992)
Safeway Insurance Company v. Botma, et al.
U.S. Court of Appeals for the Ninth Circuit
Appellate counsel for Safeway. The Ninth Circuit affirmed summary judgment for Safeway on a multi-million-dollar claim for alleged bad faith insurance practices. The Ninth Circuit agreed that the evidence failed to show that Safeway acted unreasonably toward its insured. 2005 WL 775632 (9th Cir. 2005)
Sanitation District No. 3 of Orange County v. United Technologies Corporation (UTC)
California 4th District Court of Appeal, Division 3
Appellate counsel for UTC. The Court of Appeal overturned a punitive damages award against UTC in a case alleging installation of defective sewer pipe. No. G018419 (Cal. Ct. App. 1999)
Standard Chartered PLC v. Price-Waterhouse LLP
Superior Court of Arizona, Maricopa County, Arizona Court of Appeals
Counsel for Price-Waterhouse in post-trial proceedings, on appeal, and on remand. The case involved questions of first impression under the Arizona Securities Act and various common law theories. The Arizona Court of Appeals overturned a $338 million accountant malpractice verdict and directed judgment in favor of Price Waterhouse on all but a single claim, which was settled on remand. Ariz. 6, 945 P.2d 317 (Ariz. Ct. App.1996)
Springborn v. Arthur Andersen, LLP, Rural/Metro Corporation, et al.
U.S. District Court for the District of Arizona
Trial counsel for various officer and director defendants in a putative class action alleging both state and federal securities fraud claims. The district court granted defendants’ motion to dismiss.
Terranova v. Southern Pacific Railroad
Court of Appeals of Arizona
Appellate counsel for Southern Pacific. The case involved review of the then-largest punitive damages award in Arizona history. Case settled after briefing. (Ariz. Ct. App. 1990)
The 47th Legislature of the State of Arizona, et al. v. Napolitano, et al.
Supreme Court of Arizona
Appellate counsel for Governor Napolitano. The State Supreme Court held that the Governor's use of line-item veto authority violated the Arizona Constitution. 143 P.3d 1023 (2006)
Theodosakis v. Walgreen Co.
U.S. Court of Appeals for the Ninth Circuit
Trial and appellate counsel for defendants. The case involved alleged Lanham Act violations with respect to advertising of dietary supplements. The Ninth Circuit affirmed the trial court's grant of summary judgment for the defendants on laches and statute of limitations grounds. 172 Fed. Appx. 772 (9th Cir. 2006)
Tucson Electric Power Co. v. E.I du Pont de Nemours & Co. Inc.
Court of Appeals of Arizona
Counsel for du Pont. The Court of Appeals reversed the trial court’s refusal to grant summary judgment for du Pont in a product liability action involving novel questions under the UCC. Special Action No. 2 CA-SA 89-0039 (Ariz. Ct. App. 1989)
United Beverage Co. v. Diageo
U.S. District Court for the District of Arizona
Trial counsel for Diageo. The district court granted Diageo's motion to dismiss with prejudice its former distributor’s complaint alleging wrongful termination. No. CIV 02-1818-PHX-EHC (D. Ariz. 2002)
Representative U.S. Department of Justice Matters
Appleton Memorial Hospital v. Bowen
U.S. Court of Appeals for the Seventh Circuit
Appellate counsel for Department of Health and Human Services. The Seventh Circuit reversed the district court and upheld HHS's methodology for determining Medicare reimbursement. 814 F.2d 408 (7th Cir. 1987)
National Association of Retired Federal Employees v. Horner
U.S. Supreme Court
Supreme Court counsel for Office of Personnel Management. The Supreme Court affirmed a decision of a three-judge district court, which upheld the constitutionality of Congress’s rescission of an automatic cost-of-living increase for federal civil service retirees. 479 U.S. 878 (1986
Reagan v. Abourezk
U.S. Supreme Court
Supreme Court counsel for State Department. The case involved review by an equally divided Court of the State Department’s refusal to grant visas to certain aliens because of foreign policy concerns. 484 U.S. 1 (1987)
United States v. City of Lincoln and County of Lancaster, Nebraska
U.S. District Court for the District of Nebraska
Counsel for United States. Negotiated consent decree that terminated a department of corrections' practice of barring women correctional officers from working in male cell blocks. (D. Neb. 1982)
U.S. Customs Service v. Federal Labor Relations Authority
U.S. Court of Appeals for the District of Columbia Circuit
Appellate counsel for Customs Service. The D.C. Circuit reversed a determination by the F.L.R.A. that the Customs Service had committed an unfair labor practice by refusing to negotiate over certain union proposals. 854 F.2d 1414 (D.C. Cir. 1988)
United States v. City of Little Rock
Counsel for United States. Negotiated a consent decree requiring the City of Little Rock Police and Fire Departments to end discrimination against blacks and women in hiring and promotion; successfully defended a collateral attack on the promotional procedures established in the consent decree. (D. Ark. 1984)
United States v. San Francisco Police Department*
U.S. District Court for the Northern District of California
Counsel for United States. Negotiated a settlement with the City of San Francisco Police Department eliminating the discriminatory effect of promotional exams; represented United States in a trial regarding the validity of the settlement, which resulted in an order upholding the settlement. Aspects of decision later reversed. 621 F. Supp. 1221 & 621 F. Supp. 1225 (N.D. Cal. 1985)
* Prior Experience
