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United States Supreme Court
In addition to appearing regularly before
the California Supreme Court, the firm's lawyers have experience
preparing petitions for writs of certiorari to the U.S. Supreme
Court, as well as amicus briefs in support of petitions for
writ of certiorari and amicus briefs on the merits in cases
where certiorari has been granted, particularly in the areas
of healthcare and punitive damages.
Eight
of the U.S. Supreme
Court cases in which the
firm has filed amicus curiae briefs on the merits
involved punitive damages: (1)
State
Farm Mut. Auto Ins. Co. v. Campbell (2003) 538 U.S.
408 [123 S.Ct. 1513, 155 L.Ed.2d 585]; (2) Ford Motor
Co. v. Romo (2003) 538 U.S.1028 [123 S.Ct. 2072; 155
L.Ed.2d1056]; (3) Ford Motor Co. v. Estate of Smith (2003)
538 U.S. 1028 [123 S.Ct. 2072; 155 L.Ed.2d 1056]; (4) Cooper
Industries, Inc. v. Leatherman Tool Group, Inc. (2001)
532 U.S. 424 [121 S.Ct. 1658, 149 L.Ed.2d 674]; (5) BMW
of North America, Inc. v. Gore (1996) 517 U.S.
559 [116 S.Ct. 1589, 134 L.Ed.2d 809]; (6) Pacific
Mut. Life Ins. Co. v. Haslip (1991) 499 U.S.
1 [111 S.Ct. 1032, 113 L.Ed.2d 1]; (7) Bankers
Life & Cas. Co. v. Crenshaw (1988)
486 U.S. 71 [108 S.Ct. 1645, 100 L.Ed.2d 62]; and
(8) Aetna
Life Ins. Co. v. Lavoie (1985) 475
U.S. 813 [89 L.Ed.2d 823, 106 S. Ct. 1580].
The firm has filed two successful petitions
for writ of certiorari in which we persuaded the Supreme Court
to retransfer the cases to the California Court of Appeal
for reconsideration of the amount of punitive damages. See
Nat'l Union Fire Ins. Co. v. Textron Fin. Corp. (2003)
538 U.S. 974 [123 S.Ct. 1783, 155 L.Ed.2d 662] and Transamerica
Occidental Life Ins. Co. v. Koire (1991) 500 U.S. 950
[111 S.Ct. 2253, 114 L.Ed.2d 706].
As co-counsel with Professor
Richard L. Hasen, the firm's "Academic Consultant," the
firm has recently been involved as counsel for amici curiae
in FEC v. Wisconsin Right to Life, Inc., Nos. 06-969
and 06-970, an election law/campaign finance case which will
be decided this term. (Click
here to read the brief.)
Finally, the firm represented amicus curiae in two pro bono
cases in the Supreme Court aimed at securing equal rights
and opportunities for women and girls: Davis
v. Monroe County Bd. of Educ. (1999) 526 U.S. 629
[119 S.Ct. 1661, 143 L.Ed.2d 839], and United
States v. Morrison (2000)
529 U.S. 598 [120 S.Ct. 1740, 146 L.Ed.2d. 658].
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