VICTORIES
In past years, our attorneys
achieved significant victories in the following cases:
LABOR AND EMPLOYMENT
* UAW v. Johnson Controls (Supreme Court): Prohibited employers
from adopting "fetal protection" policies that discriminate
against female workers in violation of Title VII.
* UAW v. Brock (Supreme Court): Compelled the Department
of Labor to restore $200 million in wrongfully withheld Trade Act benefits
to thousands of unemployed autoworkers and steelworkers.
* Bower v. Bunker Hill Co.: Restored, after a six-week jury trial, tens of millions of dollars of retiree health insurance benefits that had been terminated following the shutdown of Idaho's largest private employer.
* Golden Gate Restaurant Ass’n v. City and County of San Francisco: Obtained a Ninth Circuit ruling permitting a San Francisco ordinance, which requires employers either to provide health benefits to their employees or to pay into a City fund for the same purpose, to go into effect while an appeal from a district court order invalidating the ordinance as preempted by ERISA is pending.
* Does I et al. v. The Gap, Inc., et al.: Negotiated $20 million settlement and innovative workplace monitoring program in anti-sweatshop class action on behalf of 30,000 Chinese and other foreign workers against Saipan garment factories and retailers for alleged violations of RICO, Alien Tort Claims Act, FLSA, and federal common law.
* Satchell v. FedEx Express: Obtained a consent decree providing $55 million in monetary relief to two classes of African American and Latino employees of FedEx Express, as well as comprehensive injunctive relief against discriminatory employment practices, including reducing managerial discretion in promotions, compensation and discipline, and prohibiting the use of a promotion test that had an adverse impact on minority employees.
* UAW v. Kiddoo: Required California to resume paying unemployment compensation to almost 400,000 unemployed workers following a budgetary impasse between the Legislature and the Governor.
* Pulaski v. Calif. Occupational Safety and Health Standards Board: Successfully defended the nation's first safety standard on ergonomics against an industry challenge and invalidated exemptions that would have prevented that standard from applying to most California workplaces.
* Chamber of Commerce v. Lockyer: Obtained Ninth Circuit en banc decision rejecting First Amendment and federal preemption challenges to a California law that prohibits employers from using state funds to influence employees about union organizing.
* SkyWest Pilots ALPA Organizing Committee v. SkyWest Airlines, Inc.: Obtained a temporary restraining order and a preliminary injunction prohibiting an airline from interfering with its pilots’ rights to organize and to free expression under the Railway Labor Act.
* UFCW Local 751 v. Brown Shoe Group, Inc. (Supreme Court):
Established unions' standing to sue employers that violate the WARN Act's
statutory notice requirements.
* NLRB v. Town & Country Electric, Inc. (Supreme Court):
Protected paid union organizers from discriminatory discharge or refusal
to hire under the National Labor Relations Act.
* State Building & Constr. Trades v. Aubry: Struck down, as a usurpation of legislative authority, administrative regulations that would have lowered by 20 percent the prevailing wage rate paid to construction workers on public projects.
* Bell v. Farmers Ins. Exchange (Bell III): Obtained appellate decision upholding the largest overtime pay jury verdict in history, in class action on behalf of insurance company claims representatives who were misclassified as exempt under California's wage and hour law, and subsequently negotiated a settlement in excess of $200 million for class members.
* The Hess Collection Winery v. California Agricultural Relations Bd.: Successfully defended against constitutional challenge a California statute providing for the binding resolution of disputes between agricultural employers and their union-represented employees arising from their failure to agree on an initial labor contract, thereby guarantying that agricultural workers will obtain an initial contract.
* Gentry v. Superior Court: Obtained California Supreme Court ruling that employers generally may not prohibit workers from
pursuing statutory claims on a classwide or collective basis.
* Employee Staffing Services, Inc. v. Aubry: Defeated an
employee-leasing company's ERISA preemption challenge to California's
workers' compensation laws.
* Long Beach City Employees v. City of Long Beach: Overturned
on state constitutional grounds a city policy requiring public employees
to submit to polygraph examinations.
* Kaiser Aluminum and Chemical Corp.: Obtained a ruling that a national aluminum
manufacturer violated the NLRA by unlawfully locking out 3,000 of its
employees and must pay them approximately $175 million
in back wages -- the highest backpay award in the history of the NLRA.
* Bay Area Laundry Workers v. Ferbar (Supreme Court): Established longer statute of limitations for suits against employers that withdraw from multi-employer pension plans.
* Associated Builders and Contractors v. Nunn/ACTA v. Smith:
Defeated federal court preemption challenges to a regulation raising the minimum
wage rates for California apprentices.
* Capers v. Nunn: Obtained decision upholding a California Aprenticeship Council ruling that precluded non-union apprenticeship program from operating outside its approved geographic area.
* Amaral v. Cintas Corp.: Won $1.4 million summary judgment in a class action challenging a nationwide laundry company’s systematic underpayment of its workers, defeating state law preemption and federal due process challenges to a local living wage ordinance.
* Rosenburg v. Int’l Business Machines Corp.: Obtained a $65 million settlement in a class action brought on behalf of IBM information technology specialists for failure to pay overtime compensation.
* Frazier v. Citicorp Investment Services: Obtained class action settlement for full backpay on behalf of securities brokers who alleged that their employer violated California and New York law by enforcing a corporate fine-based disciplinary policy.
* Air Line Pilots Ass’n, Int’l v. Emery Worldwide Airlines, Inc.: Obtained an eight-figure settlement of breach of contract claim on behalf of airline pilots who were permanently furloughed when their employer ceased flight operations. * SEIU Local 24/7 v. Professional Technical Security Services, Inc.: Obtained settlement under state wage and hour laws providing payments to hundreds of low-wage workers as reimbursement for uniform cleaning expenses.
* State Building and Construction Trades Council v. Rea:
Obtained decision holding that a developer’s receipt of state low income housing tax credits to subsidize a construction project requires the construction workers on the project to be paid prevailing wages.
* Vega v. Contract Cleaning Maintenance, Inc.: Obtained class action settlements on behalf of low-wage janitors and maintenance workers who were misclassified as independent contractors, providing double overtime, reimbursement of allegedly unlawful paycheck deductions and statutory interest.
* Burlington Northern Santa Fe Ry. Co. v. Int'l Bhd. of Teamsters
Local 174: Obtained a unanimous en banc court of appeals decision
overturning prior decisions that had severely weakened protections afforded
by the Norris-LaGuardia Act to union economic action.
* Southern California Edison Co. v. Public Utilities Comm’n: Obtained decision upholding the authority of the Public Utilities Commission to order utilities to require the payment of prevailing wages to construction workers on energy utility construction projects.
* Reigh v. Calif. Unemployment Insurance Appeals Bd.: Obtained
the right to unemployment compensation for workers in non-safety-sensitive
jobs who were discharged after refusing to take, or failing, a random
drug test.
* Akau v. Tel-A-Com Hawaii: Upheld, against an employer's
ERISA preemption challenge, Hawaii's Dislocated Workers Act, which provided
supplemental unemployment compensation benefits to workers adversely affected
by plant closings.
* AFL-CIO v. Marshall: Required payment of an additional
26 weeks of extended unemployment compensation benefits, worth billions
of dollars, to unemployed workers nationwide.
* IBEW v. Eichleay: Enforced a multi-million dollar arbitration
award against an employer that tried to evade its contract obligations
through a non-union alter ego.
* Cremin v. Merrill Lynch: Settled nationwide sex discrimination
class action on behalf of women brokers, resulting in establishment of
novel claims procedure and agreement by brokerage firm no longer to compel
its employees to arbitrate statutory discrimination claims.
* Armendariz v. Foundation Health Psychcare Svcs.: Obtained
a ruling from the California Supreme Court that employers cannot require
their employees, as a condition of employment, to resolve employment claims
through arbitration, where the arbitration agreement does not provide
for specific procedural protections.
* Local 1564 v. City of Clovis: Struck down a local "right
to work" law enacted by a New Mexico city.
* Washington Service Contractors Coalition v. District of Columbia:
Successfully defended against a federal preemption challenge a local displaced
worker ordinance that requires new service contractors to retain the employees
of their predecessors.
* Gerlach v. Wells Fargo & Co.: Obtained a $12.8 million settlement in a class action brought against Wells Fargo for misclassifying employees given the title "business consultants" as exempt from overtime.
* Patel v. Sugen: Obtained a nearly $2 million settlement in a class action challenge to a pharmaceutical company’s refusal to pay contractually-mandated severance pay and bonuses to employees upon sale of the company, representing complete recovery of all monies owed plus ten percent interest.
* Figueroa v. Guess?, Inc.: Obtained a million dollar settlement
of a wage and overtime class action on behalf of Los Angeles garment workers.
* EQR/Legacy: Obtained settlement in administrative action of $1.6 million in back wages to contruction workers who were not paid the prevailing wage required on public works projects..
* Californians for Safe and Competitive Dump Truck Transportation
v. Mendonca: Defeated an industry challenge to the application
of California's prevailing wage law to motor carriers after the enactment
of trucking deregulation.
* Martens v. Smith Barney: Settled nationwide sex discrimination
class action on behalf of women brokerage employees, resulting in a novel
claims procedure allowing for potentially tens of millions of dollars
in damages.
* Gerke v. Waterhouse Securities: Obtained a $3.3 million
overtime settlement on behalf of 1,800 employees of a discount brokerage
firm who were not paid for half-hour lunch periods during which they were
expected to work.
* California Hospital Ass'n v. Henning: Overcame a federal
statutory challenge to a California law requiring payment of accrued vacation
pay to workers upon cessation of employment.
* Fry v. Air Line Pilots Ass'n: Defeated an attempt
to hold a union liable under RICO and state tort law for ostracism allegedly
directed against strikebreakers.
* AFL-CIO v. Employment Development Department: Compelled
California to continue to pay unemployment compensation benefits to hundreds of thousands of
claimants per year pending evidentiary hearings on their continued eligibility.
* IBEW Locals 595 and 6 v. LIS Electric: Won a private
attorney general action, after a multi-week trial, against a construction
contractor and its president for failing to pay workers prevailing wages
on public works projects.
* Intl. Longshore and Warehouse Union Local 142 v. Hawaiian Waikiki
Beach Hotel: Obtained an order requiring the corporate parent
of a hotel to arbitrate claims for millions of dollars in accrued vacation
and severance pay owed to the hotel's employees, notwithstanding that
the hotel had been placed in receivership.
* SEIU v. County of San Bernardino: Obtained an injunction
prohibiting one of the nation's largest counties from depriving its employees
of their right to discuss union issues at work.
* Retlaw Broadcasting Co. v. NLRB: Successfully defended
on appeal the NLRB's decision that an employer unlawfully implemented
a contract proposal allowing it to bypass the union and instead negotiate
directly with its individual employees.
* CPS Chem. Co. v. NLRB: Confirmed an employer's continuing
duty to bargain with the local union that represents its employees, notwithstanding
that union's affiliation with a national union.
* Bishop v. Air Line Pilots Ass'n: Defeated a challenge
to a nationwide collective bargaining agreement that had been approved
by a majority of the bargaining unit employees in a secret ballot election.
* Does I Thru XXIII v. Advanced Textile Corp.: Established
the right of workers to sue under fictitious names and to withhold their
identities from their employers, where they reasonably fear that the disclosure
of their identities will result in severe retaliation.
* San Joaquin Regional Transit Dist.: Obtained an arbitration
award stopping a transit district from contracting out numerous jobs held
by union-represented workers.
* United Public Workers v. Yogi: Invalidated a state public
employee wage freeze that conflicted with the state constitutional right
to organize for the purpose of collective bargaining.
* Passantino v. Johnson & Johnson Consumer Products, Inc.: Successfully defended on appeal a multi-million dollar jury award in an
employment discrimination action under federal and state law.
* Driscoll v. Oracle: Negotiated $12.7 million settlement in nationwide overtime case under FLSA and state law on behalf of internet sales representatives.
* UAW Local 2244 and New United Motor Manufacturing, Inc.: Obtained an arbitration
award in excess of one million dollars for violation of a contractual
provision requiring an employer to pay a premium to employees who start
their shifts before 6:00 a.m.
* ATU Local 1292 and Alameda County Transit District: Obtained an arbitration award prohibiting a public transit district from using a lease arrangement to evade contractual restrictions on outsourcing bargaining unit jobs.
* California Federation of Interpreters v. Region 1 Court Interpreter Employment Relations Committee; California Federation of Interpreters v. Region 2 Court Interpreter Employment Relations Committee; California Federation of Interpreters v. Region 4 Court Interpreter Employment Relations Committee : Obtained arbitration awards requiring Superior Courts to pay mileage compensation to court interpreters and holding that the Courts acted illegally by giving interpreting assignments to independent contractors.
* Int'l Bhd. Of Electrical Workers Local 551 v. WSB Electric:
Enjoined a contractor and its officers from continuing to commit unfair
business practices by underpaying workers on public works projects, leading
to the debarment of the contractor from bidding on public works projects
for three years.
* Associated Builders and Contractors: Obtained an NLRB
decision that an association of nonunion construction contractors violated
the NLRA by filing and prosecuting a lawsuit challenging a union program
to recapture jobs for union workers.
* St. Thomas - St. John Hotel & Tourism Ass'n v. Gov't of the
U.S. Virgin Islands: Defeated an NLRA preemption challenge to
a Virgin Islands statute that protects employees from termination without
cause.
* Simo v. Union of Needletrades. Industrial & Textile Employees:
Successfully defended a labor union's use of the "garment industry
proviso" to Section 8(e) of the NLRA.
* Patterson v. Heartland Industrial Partners, LLP; Adcock v. United Auto Workers: Obtained federal district court decisions that an agreement under which an employer agrees to remain neutral in union organizing campaigns in return for the union’s agreement to limitations on such campaigns does not violate Section 302 of the Taft-Hartley Act or RICO.
* Heartland Industrial Partners, LLP and the United Steelworkers of America, AFL-CIO: Obtained an NLRB decision upholding a neutrality and card-check organizing agreement under Section 8(e) of the NLRA.
* Advocate Health Care Network v. Service Employees Int’l Union: Obtained dismissal of defamation, commercial disparagement, unfair trade practices, and maintenance claims arising from union’s support for community campaign to change hospital chain’s practice of overcharging uninsured patients.
* In re Opinion of Bill Lockyer, Attorney General (State Allocation Board): Obtained interpretation from the California Attorney General requiring school districts to utilize competitive bidding laws to award public school construction projects, thereby insuring that union contractors have an opportunity to bid on such work.
* In re Santa Ana Transit Village: Obtained a California administrative ruling that a transfer of property for a redevelopment project at so-called “fair reuse value” is not equivalent to a transfer at the “fair market price,” and therefore California construction workers who perform work on such projects must be paid prevailing wages.
* Wagner v. Professional Engineers in California Gov't.: Established that the appropriate remedy for legal deficiencies in a union's annual fair share fee notice is for the union to correct and re-issue the notice, not to refund fees previously collected.
* Granite Rock Co. v. Int’l Bhd. of Teamsters: Obtained federal district court order dismissing employer’s unprecedented attempt to expand Section 301 of the LMRA to include tort theories for interference with contract by international union.
* Bricklayers and Allied Craftworkers Local 3 v. Northern California Mason Contractors Multiemployer Bargaining Ass’n: Obtained an arbitration award upholding a union’s right to allocate annual economic increases under a collective bargaining agreement between wages and fringe benefits.
* Mendoza-Barrera v. San Andreas HVAC, Inc.: Obtained a stipulated judgment of more than $200,000 for four sheet metal workers whose employer failed to pay them the prevailing wage on public works projects.
* Santa Ana Transit Village: Obtained an administrative decision from the State of California’s Department of Industrial Relations that workers on redevelopment projects involving transfers of public property for “fair resuse value” are entitled to be paid prevailing wages.
ENVIRONMENT AND PUBLIC HEALTH
* Orff v. United States : Obtained ruling (based on arguments in merits brief filed on behalf of environmental organizations) rejecting challenge brought by agribusiness interests to the federal goverment's reduction of contractual water allocations to a local water district for the purpose of protecting threatened salmon and smelt.
* United Steelworkers of America v. California Dept.
of Forestry and Fire Protection: Obtained a decision holding that
the California Department of Forestry's approval of a plan to log vast
portions of California's redwood forests violated the California Forest
Practice Act's requirements for a sustainable yield plan.
* NRDC v. Patterson: Obtained a district court ruling that the U.S. Bureau of Reclamation illegally dried up California's second longest river by diverting excessive amounts of water for agricultural and other uses, and subsequently negotiated settlement providing for restoration of the river.
* California Healthcare Ass'n v. California Dep't of Health Svcs.: Defeated a hospital industry challenge to a California health regulation requiring minimum nurse-to-patient staffing ratios.
* Les v. Reilly: Required the Environmental
Protection Agency strictly to apply the Delaney Clause's prohibition against
cancer-causing substances in processed foods.
* Public Citizen v. Dep't of Transportation: Obtained a Ninth Circuit ruling (later overturned by the Supreme Court) blocking for several years the federal government's decision to allow Mexico-domiciled trucks to travel throughout the United States without an Environmental Impact Statement and a Clean Air Act conformity analysis.
* California v. Browner: Obtained a consent
decree, in a challenge to EPA's systematic failure to enforce federal
food safety laws, that required dozens of cancer-causing pesticides to
be removed from the food supply.
* NRDC v. Price Pfister: Compelled major faucet
manufacturers to eliminate lead from drinking water faucets pursuant to
Proposition 65, the California Toxics Initiative.
* NRDC v. The Reclamation Bd. of the Resources Agency of the State of California: Obtained a writ of mandate overturning a state administrative agency’s approval of an extensive development project on top of a major levee in the Sacramento River Delta, for violating regulations governing flood control levees.
* Sunshine Canyon: Successfully advocated in land use proceedings, on behalf of a coalition of environmental, labor, and community organizations, for stringent environmental conditions to be placed on a large solid waste landfill in Los Angeles County.
* NRDC v. EPA: Settled Clean Air Act case requiring
warning labels on processed foods manufactured with methyl bromide, an
ozone-depleting substance.
* NRDC v. EPA: Compelled the Environmental Protection
Agency to stop holding "closed-door" meetings with industry representatives
before setting pesticide health and safety standards.
* NRDC v. Whitman: Forced the EPA to reassess
the safety of some of the nation's most dangerous pesticides to protect
children, farmworkers, and consumers.
* NRDC v. Smith Kline: Required reductions in
lead content of calcium dietary supplements.
* EDF & NRDC v. Sta-Rite:
Successfully challenged the widespread use of lead in submersible water
pumps under the California Toxics Initiative.
* Tosco Corp. v. Communities for a Better Environment:
Defeated a declaratory judgment action brought by an oil company to preclude
environmental organizations from seeking penalties for its discharges
of dioxin.
* AFL-CIO v. Deukmejian: Required the Governor
of California to expand tenfold the list of carcinogenic chemicals included
within the California Toxics Initiative.
* California Labor Federation v. Cal. OSHA:
Preserved the California Toxics Initiative against an OSHA preemption
attack.
* AFL-CIO v. Deukmejian: Overturned a regulation
exempting food, drugs and cosmetics from the California Toxics Initiative.
* NRDC v. OEHHA: Forced state environmental
agency to withdraw "records retention" policy that had required agency
scientists to destroy data and documents that were inconsistent with final
agency position.
* AFL-CIO v. Gorsuch: Overturned an EPA moratorium
on public disclosure of industry pesticide health and safety studies.
* NRDC v. Wilson: Required the Governor of
California timely to determine whether to expand the list of reproductive
toxicants included within the California Toxics Initiative to include
five dozen chemicals identified as reproductive toxicants by US EPA.
* NRDC v. Badger Meters, Inc.: Required manufacturers
of water meters that leach lead into residential drinking water to shift
to a low lead emitting alloy.
* NRDC v. Safeway, Inc.: Required large grocery
retailers to achieve a substantial reduction in diesel truck emissions around
their grocery distribution centers, which are located primarily in low-income
areas.
* Environmental Law Foundation v. Crystal Geyser Water
Co.: Required manufacturers to eliminate unlawfully high levels
of arsenic, trihalomethanes, and heterotrophic bacteria from bottled drinking
water.
* City and County of San Francisco v. United Tobacco
Co.: Required warnings to be provided to consumers regarding the
health dangers of smokeless tobacco products.
* Environmental Law Foundation v. Ironite Products Co.:
Obtained a consent judgment banning the continued sale in California of
a fertilizer manufactured from hazardous waste that contained excessive
levels of arsenic and lead.
* In re Vinegar Litigation: Obtained settlements requiring food retailers to post consumer warnings regarding the presence of lead in balsamic vinegar.
* In re St. Lukes Hospital Merger: Persuaded the California Attorney General to conduct a review of the terms of a proposed merger of two hospitals, including the extent to which the merger would serve or disserve the needs of the affected communities.
FREE SPEECH
* Conant v. McCaffrey: Obtained a permanent injunction under the First Amendment prohibiting
the federal government from revoking or threatening to revoke the prescription
drug licenses of California physicians on the basis of their confidential
communications regarding medical marijuana with seriously ill patients.
* Walker v. Air Line Pilots Ass'n: Obtained
a jury verdict following a ten-week trial upholding the right of the Air
Line Pilots Association to engage in free speech activities promoting
solidarity among strikers.
* Eller Media Co. v. City of Oakland: Defeated
efforts by billboard and alcohol industries to overturn City of Oakland
ordinance prohibiting billboards advertising alcoholic beverages in residential
neighborhoods and in proximity to schools and playgrounds.
* SEIU v. City of Houston: Obtained a preliminary injunction under the First Amendment against the enforcement of Houston ordinances that restrict parades, public gatherings in public parks, and the use of sound amplification equipment.
* Connelly v. No On 128, the Hayden Initiative:
Enforced a California law requiring state initiative campaign advertisements
to identify industry campaign contributors.
* Crawford v. Int'l Union of Rubber Workers Local
703: Obtained reversal of a six-figure jury verdict against union and
picketers who had exercised free speech right to disparage strikebreakers.
* Buyukmihci v. Regents: Obtained a permanent
injunction protecting the free speech rights of a professor of veterinary
medicine whom the University of California had tried to fire because of
his animal rights views.
* Furukawa Farms v. CRLA: Successfully
defended a statewide poverty law office against a suit brought by agricultural
growers to block its advocacy on behalf of farm workers.
* Auvil v. CBS 60 Minutes: Obtained dismissal
of a class action product defamation suit brought by Washington apple
growers against the Natural Resources Defense Council for having publicized
the public health hazards of the growth regulator Alar.
* Coors v. Wallace: Defeated an antitrust
suit brought by Adolph Coors Company against the organizers of a nationwide
consumer boycott of Coors beer.
* Evergreen Oil Co. v. Communities for a Better Environment: Obtained the dismissal under California's anti-SLAPP statute of an oil company's defamation action against a non-profit environmental advocacy group.
* Tosco Corp. v. Communities for a Better Environment:
Obtained dismissal for lack of federal jurisdiction, affirmed on appeal,
of an oil company's federal court defamation action against an environmental
group that had engaged in free speech about air pollution issues.
* POSCO v. Contra Costa Building & Construction
Trades Council: Defeated an antitrust suit brought against
various labor unions for engaging in environmental lobbying and litigation.
* Schavrien v. Lynch: Obtained dismissal, under California’s anti-SLAPP law, of a suit against the former President of the California Public Utilities Commission brought by an executive of an energy company regulated by the Commission, for publicly exposing the executive’s attendance at a campaign fundraising event in support of the spouse of a Commissioner.
* Knox v. Westly: Defeated preliminary injunction motion brought several days before statewide election to prohibit union from spending union dues and fees to oppose anti-worker ballot initiatives.
* Mosqueda v. CCPOA: Defeated a libel action
brought by prison warden against correctional officers union for statements
made in support of litigation initiated by a union officer.
* Western Growers Ass'n v. UFW: Obtained dismissal
under California's anti-SLAPP statute of an "unfair business practices" action brought by a growers' association against a union for its free
speech activities.
* Allied Pilots Ass'n v. San Francisco: Obtained
an injunction allowing pilots to handbill and picket at San Francisco
International Airport.
* Bruce Church, Inc. v. UFW: Overturned
on First Amendment and statutory grounds a $10 million judgment against
the United Farm Workers for engaging in allegedly improper boycott activity.
* Guess?, Inc. v. UNITE: Obtained dismissal
under California's anti-SLAPP statute of complaint alleging union had
unlawfully supported picketing and litigation activity directed against
employer's workplace practices.
* UFW v. Dutra Farms: Obtained judgments against
18 growers and growers' association prohibiting them from illegally financing
"employee committee" to defeat union organizing drives.
* Steam Press Holdings, Inc. v. Hawaii Teamsters, Local
996: Established that federal labor law precludes an employer
from obtaining damages under state defamation law for economic losses
resulting from a strike.
CAMPAIGN AND ELECTION
*AFL-CIO v. Eu: Invalidated a proposed
initiative requiring a new federal constitutional convention on the ground
that it violated Article V of the US Constitution.
* Common Cause v. Jones: Obtained a court
order requiring the replacement of pre-scored punch card voting machines
in California prior to the 2004 Presidential election.
*Fleischman v. Protect Our City: Obtained, and successfully
defended in the Arizona Supreme Court, an injunction removing an anti-immigrant initiative
from the November 2006 Phoenix ballot on the ground that the city law granting initiative
supporters the right to supplement signatures after the filing deadline is preempted by state law.
* Hawaii State AFL-CIO v. Yoshina: Overturned
on state election law grounds Hawaii's decision to ignore abstentions
in determining whether the required percentage of votes was cast in favor
of a ballot measure calling for a new state constitutional convention.
* Central California Farmers Ass'n v. Eu:
Defeated on state constitutional grounds an attempt by agribusiness to
remove a comprehensive environmental protection initiative from the California
ballot.
* Cardona v. Oakland Unified School District:
Upheld the City of Oakland's right to delay redistricting on the basis
of the 1990 census until the census was adjusted to correct for the disproportionate
undercount of minorities.
* Bennett v. Yoshina: Successfully defended against a federal court due process challenge the Hawaii electorate's vote to refuse to hold a new state constitutional convention.
* Barry v. Nishioka: Obtained a writ of mandate
ordering election officials to place candidates on ballot despite apparent
noncompliance with nomination petition formalities.
* Edrington v. Floyd: Successfully defended
City of Oakland's wording of ballot question and ballot analysis for "just
cause" eviction initiative against challenge by landlords.
IMMIGRATION
*AFL-CIO v. Chertoff: Obtained nation-wide injunction
against a Department of Homeland Security regulation that would turn
Social Security Administration "no-match" letters into an immigration-enforcement
tool without authorization from Congress.
* Catholic Social Services/Ayuda/Immigrant Assistance
Project v. Reno/Ashcroft: Obtained the right to apply for
legalization under the Immigration Reform and Control Act for hundreds
of thousands of undocumented aliens who were prevented from applying because
of unlawful INS regulations; and negotiated temporary work authorization
for approximately three million aliens potentially eligible for legalization
under the Immigration Reform and Control Act.
* Calif. Rural Legal Assistance v. Legal Services
Corp.: Overturned a regulation prohibiting the provision of
federally-funded legal services to a nationwide class of several million
aliens who had been legalized through the amnesty process.
* SEIU Local 535 v. Thornburgh: Compelled
the Immigration and Naturalization Service to rescind a regulation that
deprived temporary nonimmigrant workers of the right to strike.
* Patel v. Quality Inn South / EEOC v. Tortilleria
"La Mejor": Through a series of cases, established the eligibility
of undocumented immigrant workers for the full remedial protections of
the Fair Labor Standards Act and Title VII of the 1964 Civil Rights Act.
* Lopez-Alvarado v. Ashcroft: Obtained Ninth Circuit reversal of Board of Immigration Appeal's decision ordering deportation of an immigrant family that had lived in the United States for more than ten years.
* Int'l Union of Bricklayers and Allied Craftsmen v. Meese: Obtained decision prohibiting government and employers from using non-immigrant business (B-1) visas to circumvent the requirement that temporary, non-immigrant, foreign workers not undercut the prevailing wage.
MISCELLANEOUS
* Blessing v. Freestone (Supreme Court): Preserved
the availability of 42 U.S.C. §1983 in cases seeking enforcement of federal
statutory rights.
* Kashmiri v. Regents: Won a $33.8 million class action judgment against the University of California for improperly charging fee increases to tens of thousands of undergraduate, graduate and professional students, and obtained a preliminary injunction prohibiting the University from charging professional students an additional $15 million in fees.
* Anderson v. Regents: Obtained an $11 million
recovery in a Contracts Clause class action challenging the University
of California's refusal to fund thousands of university professors' merit
salary increases.
* Eklund v. Byron Union School District: Established the right of public school teachers to use games, role-playing, and other methods considered to be best pedagogical practices to teach about the history, culture and religion of Islam as part of a secular program of education in a world history class.
* People v. Horton: Obtained a California
Supreme Court death penalty reversal on the direct appeal of a capital
case.
* Horton v. Mayles : Obtained a Ninth Circuit habeas corpus remand of former death penalty defendant's murder conviction due to the prosecutor’s failure to disclose potentially exculpatory evidence, and obtained reversal of the conviction after district court evidentiary hearing.
* California Labor Federation v. Cal. OSHA:
Invalidated, on state constitutional grounds, California Budget Act restrictions
on the state's payment of public interest attorneys' fees.
* NAACP v. Davis: Reinstated statutory
requirement that California Highway Patrol collect racial profiling data,
despite gubernatorial funding veto.
* Jane Doe v. Reddy: Obtained $11 million settlement in human trafficking case on behalf of young Indian women who were unlawfully brought into the United States and forced to provide sex and free labor.
* Gardner v. Schwartzenegger: Obtained restraining order and preliminary injunction against enforcement of a state statute that would have permitted incarceration of non-violent drug offenders, contrary to California Proposition 36, which mandated probation and drug treatment.
*Hamilton v. Great Expectations: Negotiated
an $8.5 million settlement of a statewide class action against a video
dating service that had electronically eavesdropped on confidential membership
interviews.
* In re Sealed Cases: Obtained
a $13.2 million settlement of a False Claims Act case and two related
wrongful termination cases on behalf of a husband and wife who were terminated
after disclosing extensive fraud committed by their government contractor
employer; obtained a $30 million settlement of a False Claims Act case
against a manufacturer of defective medical home monitoring devices.
* In re Gulf USA Corporation and Pintlar Corporation:
Preserved millions of dollars of retiree medical benefits in a major bankruptcy
proceeding on behalf of thousands of retired Idaho mine and smelter workers.
* Utility Consumers' Action Network v. Sears/California Federal Bank/Household Credit Service/ Texaco Credit Card Services/ Capital One/ Bank of America: Obtained settlements in a series of consumer privacy class actions against financial institutions and credit card companies prohibiting unauthorized dissemination of personal account information to third party telemarketers.
*IBEW Local 595 v. Aubry: Enjoined the Department
of Industrial Relations from spending taxpayer funds to implement a new
methodology that would drastically cut prevailing wage rates, where the
Legislature had refused to appropriate funds for that purpose.
*Davidson v. County of Sonoma: Obtained a substantial
settlement on behalf of a law enforcement officer injured as the result
of his employer's mock hostage training exercise in which he was seized
and threatened at gunpoint.
*Jensen v. Kaiser Permanente: Obtained the rescission
of an HMO's cost-cutting policy requiring staff psychiatrists to prescribe
psychotropic medications for patients whom they have not examined.
*Welfare Rights Org. v. Crisan: Established
an evidentiary privilege for communications between applicants for public
benefits and their lay representatives, including union representatives.
*County of Alameda v. Aubry: Enjoined
California from reducing the prevailing wage in the construction industry
by 20 precent where the agency had failed to comply with APA rulemaking requirements.
*California State Building and Construction Trades Council
v. Duncan: Enjoined the expenditure of state funds on administrative
rulemaking proceedings that would have lowered the minimum wage for apprentices
throughout California, on the ground that the Governor lacked the authority
to item-veto the Legislature's decision not to fund such proceedings.
*Rogers v. Governing Board of the Sacramento City
Unified School Dist.: Obtained a writ of mandate and a permanent
injunction under the California Charter Schools Act prohibiting a school
board from converting an existing public high school into a charter school
without the approval of a majority of the school's teachers and requiring the school district to open a new non-charter public high school upon a showing of community support.
*California Court Reporters Ass'n v. Judicial Council:
Struck down rules that would have allowed replacement of official court
reporters with audiotape recordings in California Superior Courts, and
obtained an injunction against expenditures of taxpayer funds in furtherance
of such rules.
*Olney v. Pringle: Negotiated a settlement prohibiting
state legislators from paying large retroactive salary increases to select
staff in violation of the State Constitution.
*Gary W. v. State of Louisiana; La Raza
Unida v. Volpe: Required Louisiana and California to pay federal
court civil rights attorney's fee awards despite refusal of State Legislatures
to appropriate the monies.
Our firm has also consulted
on federal legislation involving reform of the nation's pesticide food
safety laws and immigration laws, violence at abortion clinics, protection
from ERISA preemption of state apprenticeship and prevailing wage laws,
and state legislation involving unemployment insurance, prevailing wages,
the provision on health insurance for uninsured workers, protection of the right to strike, apprenticeship, rights of public employees, nursing
home reform, and other areas of importance to labor unions and workers.
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