Cases of Interest

• ADA Accessibility Compliance
• Alternative Dispute Resolution
• Appellate
• Business
• Construction
• Education Law
• Employment
• Employment Practices & Liability Insurance
• Environmental Law & Property Rights
• Healthcare
• Personal Injury
• Plaintiff Representation
• Premises Liability
• Products Liability
• Professional Liability
• Public Entities
• Real Estate

Public Entities

• Successfully defended prominent teaching institution and two individually named doctors in ten years of litigation involving two separate trials, multiple appeals, including Petition For Review by the California Supreme Court in an action alleging medical malpractice and federal civil rights violations where doctors diagnosed and treated an extremely rare metabolic disorder and refused to accept an alternative diagnosis and treatment plan proposed by a family member who was also a licensed health care provider and where that family member also refused to consent to the doctors' proposed treatment plan.
  
• 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.
  
• 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 defended a university in a case involving asserted equitable easement claim across research facility property next to a major Northern California river where it was alleged easement rights were created by gold miners use of property dating back to the 1960's.
  
• Nominal settlement in a 500+ flood case in which the defendants, who originally did not want to settle, eventually agreed to a sum in excess of $20 million, after trial, multiple appeals and demands.
  
• Currently defending an entity on administrative mandamus and inverse condemnation claims following a stop work order issued in connection with non-functioning alternative disposal system.
  
• 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.
  
• 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.
  
• Currently defending municipality in claim alleging denial of equal protection and in particular the failure to provide equal municipal services such as sewer connections, storm drains, park facilities, available law enforcement and bi-lingual services.
  
• Obtained defense verdict in favor of off-duty deputy sheriff who utilized deadly force on an unarmed suspect who attacked the deputy and his family on private property.
  
• Judge entered directed verdict at trial in favor of jail facility for claims of whistleblower and race discrimination.
  
• Defended public utility with respect to alleged dangerous condition and design of public property concerning placement of utility poles at back of curb. Action filed against multiple defendants by multiple plaintiffs including paraplegic minor. Favorable settlement negotiated on behalf of utility pending determination of design immunity issues.
  
• Successfully defended through verdict a municipality concerning allegations of dangerous design/maintenance of a rail bridge constructed in 1911. Single car accident resulted in massive orthopedic and brain injuries following a 60 foot drop from the bridge.
  
• Obtained defense verdict at trial on behalf of county sheriff's department against First Amendment, unlawful search of residence and arrest claims filed by Hell's Angels member.
  
• Defended and consulted with various county jail facilities in class actions involving search issues, in particular the use of strip searches.
  
• 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.
  
• Successfully defended a Sheriff's Department at trial against claims of assault and negligence by a deputy sheriff. In the case, the Plaintiff claimed that a deputy had assaulted him when the deputy pulled a gun and pointed it at the Plaintiff. A jury entered a defense verdict on the assault claim and the court ruled in favor of Defendants on the negligence claim.
  
• Defense verdict in favor of police officers and city in a claim for excessive use of force where the officers applied a carotid hold resulting in death of suspect while in custody.
  
• Negotiated settlement for county in a high publicity case where a deputy sheriff engaged in inappropriate conduct of an intimate nature with an inmate.
  
• Summary judgment was granted by the Eastern District of California in favor of the University of California in a heavily litigated Title IX case that was pending for more than four years. The plaintiffs, former UC Davis students, claimed the University failed to accommodate the interests of its female students because women who want to be on the intercollegiate wrestling team at UC Davis are required to try out for the team under the same requirements as male students who want to be on the team. Ruling on an issue of first impression in the Eastern District of California, the judge held that the plaintiffs had failed to give the campus adequate notice of their claim, resulting in its dismissal. In an earlier motion for judgment on the pleadings, Porter Scott was successful in obtaining a ruling dismissing the majority of plaintiffs’ claims on the basis of the statute of limitations and dismissing claims against the individual defendants under 42 USC section 1983 on the basis of statutory pre-emption.  The plaintiffs filed an appeal.  During the pendency of the appeal, the U.S. Supreme Court issued an opinion holding that individuals can be held liable in Title IX cases under section 1983.  The Ninth Circuit recently issued an opinion overturning the lower court on the notice issue and remanding the matter to the district court for further proceedings.  UC Davis, a recognized leader in women’s athletics, continues to vigorously defend against the claims.
  
• Successfully obtained dismissal of the Sacramento County Sheriff and Sacramento County via a Summary Judgment Motion on claims that the jail failed to notify a pre-trial detainee of extra-jurisdictional outstanding warrants, detainers, holds or notices, where plaintiff was held over without trial for over six years. Significantly, the District Court determined that the Sheriff was entitled to Eleventh Amendment immunity for merely acting as jailor pending criminal proceedings, regardless that those charges were later dropped on Sixth Amendment grounds (violation of right to speedy trial).
  
• Motion for summary judgment granted on behalf of the Sheriff of Merced County in a case alleging violations of civil rights, fraud, conspiracy and other state law claims. The motion resulted in the Sheriff obtaining judgment as to all claims and being dismissed from the case.
  
• Won a demurrer on behalf of a County where the deputies were pursuing a felon fleeing in a vehicle. In the course of the pursuit, the felon swerved into oncoming traffic and hit a third party, who died. We obtained dismissal and judgment for the County and the Sheriff.
  
• Defended City of Galt and police officer in motor vehicle negligence case filed by husband, wife and child. The case was dismissed after arbitration award in favor of defendants.
  
• Trip and fall at City park resulting in alleged injuries requiring spine surgery. Defendant City of Roseville prevailed on trivial defect defense via summary judgment.
  
• Jury awards defense verdict as to the County of Sacramento on claims for excessive force and inappropriate medical and psychiatric care of arrestee in jail.
  
• Currently defending a public entity sanitation district against a claim for quiet title, involving the entity's previous acquisition of land by eminent domain.
  
• Defense verdict in favor of municipality against claims of excessive force and deliberate indifference to plaintiff’s medical needs against a police officer and his law enforcement employer.  Plaintiff was detained in the sobering cell of the jail for DUI and hit and run.  Despite having a .18 blood alcohol level, plaintiff claimed the police department was deliberately indifferent when they deprived him of his mood stabilizing prescription while he was detoxing from alcohol consumption.  Plaintiff also alleged excessive force after he attacked an officer in the sobering cell.  A jury unanimously found in favor of the police department, but were hung (7 to 1 in favor of the officer) as to the individual police officer.  Plaintiff dismissed the officer a few weeks after the verdict.
  
• Partners Carl Calnero and Carl Fessenden, assisted by associate Derek Haynes, achieved a defense verdict in a catastrophic injury case filed against a major public university.  In this matter, the injured plaintiff and his wife sued the university, alleging, among other things, the university was responsible for creating a dangerous condition of public property with respect to its roadways and/or with respect to use of a four seat golf cart/utility vehicle without seatbelts.  The plaintiff had been on campus, working with campus staff, helping install and/or troubleshoot certain wireless technology.  Plaintiff fell out of the rear of a four seat utility cart or shuttle at approximately 9:00 p.m., after his laptop had fallen off of his lap and onto the ground.  The Porter Scott attorneys contended that the plaintiff carelessly stepped off of the golf cart and argued further, based on scientific testing, that such an individual could not possibly be thrown involuntarily from such a vehicle.  The plaintiff had suffered severe brain injuries and was seeking multi-million dollars in damages.  Following a 30 day jury trial, a jury returned an unanimous verdict on all counts in favor of the university, rejecting the notion that the university’s roadways were in a dangerous state and/or rejected the notion that failure to provide seatbelts on shuttles or golf carts constituted a dangerous condition of public property.
  
• Defended large county against claims that county’s jail, one of the largest in the nation, did not provide sufficient accommodation to disabled persons. Successfully established plaintiff’s lack of Article III standing at pleadings stage, preventing plaintiff from obtaining injunctive relief that would require significant overhaul of county detention facilities. Obtained summary judgment in County’s favor against plaintiff’s damages claims under state and federal law, establishing no monetary liability for County’s alleged failure to provide accessible detention facilities