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Advocacy at a Higher Level

Horvitz & Levy is a solutions-based firm focused on appellate success. We are distinguished by our commitment to responsive service and on-going innovation in the areas of civil appellate litigation, amicus curiae support, and trial strategy consultation.

Our firm history, honors and awards, and locations speak to our collaborative approach and commitment to serving clients as well as the outstanding legal resources we bring to bear.

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David S. Ettinger

David S. Ettinger

Of Counsel - Los Angeles Office

How David Helps Clients

David Ettinger has briefed and argued many notable appeals, including more than a dozen arguments before the California Supreme Court. He is considered by many in the industry as a scholar in appellate justice and leverages his keen insights to support clients’ immediate and long-term challenges in the appellate courts.


After many years as a partner, David is currently of counsel at the firm, which he joined in 1982. He has been published in a variety of legal publications, including several articles on the discoverability of hospital peer review committees. David served two terms on the Appellate Advisory Committee for the Judicial Council of California, to which he was appointed by Chief Justice Ronald George. Also, at the invitation of Justice Joyce Kennard, he was a member of the Appellate Rules Revision Project Task Force, which spearheaded the first comprehensive revision of the California Rules of Court on appeals in almost 60 years. He is the primary writer for At the Lectern, the firm's blog covering the California Supreme Court.

David has served as a lecturer in the Appellate Litigation Clinic at the University of California, Irvine School of Law.

Representative Matters

Dhillon v. John Muir Health (2018)
After California Supreme Court holds hospital's appeal was from an appealable order, California Court of Appeal reverses order requiring formal peer review of hospital medical staff's discipline of physician

Nance v. Miser (2017)
Ninth Circuit reverses dismissal of Muslim prisoner’s religious liberty claims

Transbay Auto Service, Inc. v. Chevron USA Inc. (2015)
Ninth Circuit reverses jury award under the Petroleum Marketing Practices Act

Education

  • Loyola Law School of Los Angeles
    J.D., cum laude, 1980
  • Franklin & Marshall College
    B.A., with departmental honors, 1977

Clerkships

  • Justice and Presiding Justice Margaret J. Morris, California Court of Appeal, Fourth Appellate District, Division Two (1980-1982)

Bar Admissions

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

Professional Associations

Awards

  • "Best Lawyer” by The Best Lawyers in America
  • “AV Preeminent” rated by Martindale-Hubbell
  • Super Lawyers (2011-2020)
  • Pamela E. Dunn Appellate Justice Award
  • Harriett Buhai Community Service Award (2010)
  • Angel Award, California Lawyer magazine (2007)

Publications

  • Thirty Years After a Hundred-Year Flood: CCHS Presents Judicial Elections Program at State Bar Annual Meeting(Fall/Winter 2016) California Supreme Court Historical Society Newsletter
  • Recent Caselaw Affecting the Disentitlement Doctrine and Civil Appeals (Apr. 2016) Los Angeles Lawyer, pp. 10-12
  • Pending Decision May Influence Measure of Medical Damages (Nov. 2010) Med. Malpractice Law & Strategy, Vol. 28, No. 2, p. 1
  • The Fate of The Collateral Source Rule (Oct. 18, 2010) Daily J., p. 5
  • A Leader in the Fight Against School Segregation (July 8, 2010) Daily J., p. 6
  • Tort Reform Damage Caps in California, and Beyond (Apr. 2009) Med. Malpractice Law & Strategy, Vol. 28, No. 7, p. 5
  • The Constitutionality of Tort Reform Damage Caps (Mar. 2009) Med. Malpractice Law & Strategy, Vol. 27, No. 6, p. 1
  • New Year, New Rules (Dec. 28, 2007) L.A. Daily J.
  • The Quest to Desegregate Los Angeles Schools (Mar. 2003) 26 Los Angeles Lawyer 54
  • The Alliance for Children's Rights vs. The Los Angeles County Department of Children and Family Services (2002) 1 Whittier Journal of Child and Family Advocacy 62
  • New Batch; First Group of Revised Rules Took Effect Jan. 1 (Jan. 30, 2002) Los Angeles Daily Journal, p. 7
  • Guarding Hospital Committee Members' Identities (Mar. 1993) Med. Malpractice Law & Strategy 3
  • Are Applications for Staff Privileges Discoverable? (Oct. 1992) Med. Malpractice Law & Strategy 1
  • Discovery Immunities for Hospital Staff Review Committees: Is There Protection for Information Submitted to, as Well as Documents Prepared by, the Committees? (Fall 1992) Prof. Officers' and Directors' Liability Law Newsl. 17
  • The History of School Desegregation in the Ninth Circuit (1979) 12 Loy. L.A. L. Rev. 481