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Jon B. Eisenberg
Jon B. Eisenberg

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Jon B. Eisenberg

Jon B. Eisenberg, “of counsel” with Horvitz & Levy, has nearly four decades of experience in appellate litigation. He is the principal author of the leading treatise on California civil appellate practice, The Rutter Group’s “California Practice Guide: Civil Appeals and Writs.” He has argued a dozen cases in the California Supreme Court and nearly 100 cases in the California Courts of Appeal and the United States Court of Appeals for the Ninth Circuit and D.C. Circuit.

Mr. Eisenberg’s clients range from Fortune 500 companies, to nonprofit entities, to individuals of modest means in pro bono litigation. His appellate practice in recent years has been split evenly between business litigation and public interest and pro bono work. He has participated in numerous civil rights cases involving issues such as same-sex marriage, the right to die, affirmative action, religious liberty, national security, and detention at Guantánamo Bay. His 2006 book “The Right vs. The Right to Die” is a nonfiction account of the Terri Schiavo case, in which he participated as one of the attorneys representing Michael Schiavo. 


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  • Death Penalty Initiative Said to be Unrealistic (May 16, 2016), Daily J., p. 1
  • Respect Patients’, Not Hospitals’, End-Of-Life Wishes (March 22, 2016) San Francisco Chronicle
  • Suing George W. Bush: A Bizarre and Troubling Tale (July 9, 2008) Salon.com
  • Twelve Prose Poems by Roger J. Traynor (With a Nod to Charles Baudelaire) (2008) 9 Journal of Appellate Practice and Process 101
  • Schiavo on the Cutting Edge: Functional Brain Imaging and Its Impact on Surrogate End-Of-Life Decision-Making (2008) 1 Neuroethics 75
  • The Right vs. The Right to Die (2006) [nonfiction account of the Terri Schiavo case]
  • Bush v. Schiavo and the Separation of Powers: Why a State Legislature Cannot Empower a Governor to Order Medical Treatment When There is a Final Court Judgment That the Patient Would Not Want It (2005) 7 J.L. & Soc. Challenges 81
  • Unmasking "crack smoking jesus": Do Internet Service Providers have a Tarasoff Duty to Divulge the Identity of a Subscriber who is Making Death Threats? (2003) 25 Hastings Communications and Entertainment Law Journal (Comm/Ent) 683
  • The Courts and the News Media (California Judges Association 7th ed. 2002) Chapter 6, Legal Research
  • Legal implications of the Wendland case for end-of-life decision making (2002) 176 Western Journal of Medicine 124
  • Cal. Practice Guide: Civil Procedure Bulletin (The Rutter Group 1991-1993)
  • California Practice Guide: Civil Appeals and Writs The Rutter Group 1989; updated annually
  • Appellate Practice Civil Litigation Reporter (Cont.Ed.Bar 1983-1989)
  • Action Guide: Handling Civil Appeals (1st ed. Cont.Ed.Bar 1985)
  • Remittitur in California Civil Appellate Practice (2d ed. Cont.Ed.Bar 1985)
  • Sanctions on Appeal: A Survey and a Proposal for Computation Guidelines (1985) 20 U.S.F. L. Rev. 13
  • 1981-1984 Supplements to California Civil Appellate Practice (Cont.Ed.Bar 1966)
  • Lugosi v. Universal Pictures: Descent of the Right of Publicity (1978) 28 Hastings L. J. 751