- On behalf of a local school district, defended the constitutionality of the Pledge of Allegiance before the Eastern District, the Ninth Circuit Court of Appeals and the United States Supreme Court. The plaintiff alleged that the recitation of the words “Under God” in the Pledge of Allegiance violated the Establishment Clause of the United States Constitution. Ultimately, the United States Supreme Court ruled that the plaintiff as the non-custodial parent did not have standing to bring the suit.
U. S. Supreme Court Sketches
- Summary judgment granted in the Eastern District on behalf of entity and police officer in pursuit case that alleged the death of the suspect was a violation of the Fourteenth Amendment. Overturned Ninth Circuit ruling by successfully arguing before the United States Supreme Court for a new standard governing the constitutionality of police conduct in pursuit of fleeing suspects resulting in unintentional injuries or death.
U.S. Supreme Court Sketches
- Defended psychiatric care facility in a civil action and multiple administrative investigations arising out of an alleged premature hospital discharge of a schizophrenic patient. The former patient broke through the cockpit of an airliner one month post-9/11 tragedy. The incident was the subject of a “20/20" program in which the passengers spoke of their intervention to restrain and sedate the patient. The incident also contributed to the FAA’s implementation of adding locks to cock-pit doors. Porter Scott successfully guided the hospital through the administrative investigations initiated by state, federal and private regulatory authorities and prevailed on summary judgment before the trial court, and upon appeal.
- Won a motion for summary adjudication on a case involving claims of wrongful termination, pregnancy discrimination, retaliation and breach of an employee housing contract. The federal court ruled in favor of the employer on all federal law based claims and remanded the remaining claims to state court. Obtained a defense verdict on all counts for the employer on the remaining claims.
- Prevailed on summary judgment, as well as at the Ninth Circuit, on claims filed against a Sheriff’s Department and two deputies for use of deadly force. Deputies shot at plaintiff when he refused to obey commands to stop and drop a three foot long metal sword which he had been carrying throughout a residential neighborhood, exhibiting bizarre and erratic behavior. The deputies shot as plaintiff began to gain access to a residence via the backyard after numerous failed attempts to gain his attention and cooperation. At the time of the shooting, deputies were unaware that the home was the unoccupied home of plaintiff himself. Plaintiff sustained serious injuries and as a result became paraplegic. Both courts held that deadly force was appropriate even where there were no identified third parties to whom the suspect posed a serious threat of harm.
- Currently representing one of the nation’s largest bridge builders against the State of California involving multi-million dollar claims pertaining to air quality issues concerning construction equipment.
- Obtained summary judgment in favor of a law firm against claims of malpractice that allegedly caused a $20,000,000.00 loss in county tax revenue.
- Successfully defended hospital and two individually named nurses against allegations of Elder Abuse, Wrongful Death, Negligence and Unfair Business Practices resulting in dismissal of claims against the clients without any payment on their behalf.
- Successfully defended a multi-million dollar action alleging inverse condemnation in the form of both regulatory and physical taking arising from denials of development applications and increase flood burden due to public projects.
- Successfully disposed of claims asserted against a public entity employee through use of the Anti-SLAPP provision of the California Code of Civil Procedure resulting in an award of attorney’s fees to the public entity client.
- Successfully defended autistic services company and its owners against allegations of breach of fiduciary duty, duty of loyalty, misappropriation of trade secrets, unfair competition, interference with prospective business advantage, and conversion. Defeated request for preliminary injunction and negotiated favorable settlement on behalf of client.
- Successfully negotiated resolution on behalf of a property owner in a complex defeasance, fraud, unlawful detainer action involving a commercial prune-packing facility.
- Defended one of the world’s largest international retail chains in an action filed by a shopper who allegedly sustained severe shoulder and neck injuries when boxes filled with merchandise fell on her in a shopping aisle. The case was resolved with no cost to the client as a result of tender of defense to the vendor/supplier.
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