Barry R. Levy, Emeritus

Emeritus

Los Angeles

blevy@horvitzlevy.com 818.995.0800

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Clients rely on his skill and wisdom, built on his many years of experience litigating hundreds of complex and significant appellate matters, to help guide them to successful resolutions in a wide variety of civil matters.

Barry has argued on many occasions before the California Supreme Court, California Courts of Appeal, and the Ninth Circuit Court of Appeals.

Barry joined the firm in 1977 and was its managing partner and then chair of its management committee for over 35 years. Barry had a major role in shaping the firm’s culture and guiding its growth from a fairly small Los Angeles appellate boutique into the largest law firm in the country specializing exclusively in appellate litigation. At the beginning of 2024, Barry retired from the practice of law.

Barry has represented Horvitz & Levy as a member of the Leadership Council on Legal Diversity, an organization consisting of general counsel of major corporations and managing partners of leading law firms, dedicated to promoting diversity in the legal profession.

Representative Matters

Moir v. Ventura Locksmiths (2024)

Court of Appeal affirms modest judgment in personal injury action, rejecting plaintiff’s bid for a new trial.

Coston v. Nangalama (2021)

Ninth Circuit orders a new trial on prisoner’s Eighth Amendment claim for denial of medical care.

Grossmont Union High School District v. Diego Plus Education Corporation (2021)

California Court of Appeal reverses orders that would have shut down charter schools serving at-risk students

Borja v. Saxton (2020)

California Court of Appeal affirms favorable judgment for defense in personal injury action, rejecting plaintiff’s new trial bid

Blas v. U.S. Sports Camps (2019)

Court of Appeal affirms summary judgment for American Golf Corporation in personal injury case

Lahijani v. Hakakian (2019)

Horvitz & Levy successfully defends judgment for defendant homeowner in personal injury action

Bennett v. Rancho California Water District (2019)

Horvitz & Levy persuades Court of Appeal to reverse a jury verdict awarding plaintiff over $800,000 against a public entity for alleged whistleblower retaliation

Eisen v. Tavangarian (2019)

California Court of Appeal disagrees with prior decision from the same division, reversing judgment requiring partial demolition of remodeled home

Stokes v. Muschinske (2019)

Court of Appeal affirms favorable judgment and holds that defense billing experts can use Medicare reimbursement rates to form their opinions on the reasonable value of medical services.

Strategic Concepts, LLC v. Beverly Hills Unified School District (2018)

California Court of Appeal applies conflict of interest law to reverse $23 million breach of contract judgment against school district.

Trinity River Lumber Company et al. v. Weaverville Community Services District (2016)

California Court of Appeal finds public water district immune from liability for failure of water system to furnish sufficient water to extinguish a fire

Fireman’s Fund Insurance Co. v. Heller (2016)

California Court of Appeal affirms summary judgment for insurer in rescission action

Bertsch v. Mammoth Community Water District (2016)

California Court of Appeal issues published opinion affirming summary judgment for community association and water district in skateboard injury case

Cromer v. Bristol West Insurance Group/Coast National Insurance Co. (2015)

Nevada Supreme Court affirms judgment for insurance company after jury trial in insurance bad faith case.

Ralphs Grocery Company v. Midtown Shopping Center Associates (2015)

California Court of Appeal reverses judgment against Ralphs Grocery Company in landlord-tenant dispute.

Morrison v. Fire Insurance Exchange (2013)

Nevada Supreme Court holds that homeowner’s insurance policy does not cover policyholder for intentionally punching someone in the face.

S. R. v. Superior Court (2013)

Superior court grants domestic violence victim’s request for a waiver of court fees after Court of Appeal issues alternative writ of mandate.

Gonzalez v. Southern California Gas Company (2011)

California Court of Appeal reverses judgment in wrongful death/premises liability case based on absence of legal duty.

Burlington Coat Factory v. Bella Terra Associates (2011)

California Court of Appeal upholds landlord’s interpretation of novel lease provision.

Raymond v. Flynt (2010)

California Court of Appeal reverses arbitration award against employer in sexual harassment case.

Pauma Band of Luiseño Mission Indians v. Harrah’s Operating Company, Inc. (2009)

California Court of Appeal reverses $30 million judgment in business dispute arising from negotiations to develop and manage a hotel and casino on an Indian reservation.

Omega S.A. v. Costco Wholesale Corp. (2008)

Ninth Circuit holds that “first sale doctrine” does not provide a defense to an infringement action involving foreign-made, nonpiratical copies of a copyrighted work.

Castaneda v. Olsher (2007)

California Supreme Court holds that mobile home park owner is not liabile for gang-related violence and has no duty to profile prospective tenants for possible gang affiliation.

Prachasaisoradej v. Ralph’s Grocery Co. (2007)

California Supreme Court holds that bonus plan based on overall store profitability does not violate labor laws.

Walker v. Farmers Ins. Exchange (2007)

California Court of Appeal affirms trial court's reduction of punitive damages from $8.3 million to $1.5 million in insurance bad faith case.

Border Business Park, Inc. v. City of San Diego (2006)

California Court of Appeal reverses $91.7 million inverse condemnation award against City of San Diego.

Credentials

Education

Loyola Law School of Los Angeles
J.D., 1972
California State University, Northridge
B.A., 1965

Bar Admissions

California
U.S. Supreme Court
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Ninth Circuit

Professional Associations

American Academy of Appellate Lawyers
Leadership Council on Legal Diversity
California Academy of Appellate Lawyers, President (1997-1998)
Association of Southern California Defense Counsel
Co-Chair, Amicus Committee (1999-2000)

Awards

NLJ “Elite Boutique Trailblazer” (2017)
CLAY award (California Lawyer Attorneys of the Year) for his work on the Border Business Park, Inc. v. City of San Diego case (2007)
“AV Preeminent” rated by Martindale Hubbell
Best Lawyers (2003-2024)
Super Lawyers (2004-2023)

Publications

Bad Enough to Punish: The Application of the Reprehensibility Guidepost in Punitive Damages Cases After BMW v. Gore (Fall 1998) 49 Fed’n of Ins. & Corp. Couns. Q.

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