For instance, in Ali v Rogers, a test case before the Ninth Circuit of the United States Court of Appeals, the decision did not rule out a merchant mariner’s right to combine discrimination claims under the Civil Rights Act of 1990 or the Civil Rights Act of 1964 using the procedures mandated by the Suits in Admiralty Act and its companion Clarification Act.
Our client’s successful appeal in Summers v. United States directly caused modification of the Golden Gate National Recreation Area’s rules for public use of beaches. This case also clarified the parameters and application of the Discretionary Function Doctrine defense incorporated in the Federal Tort Claims Act. In Cabezas v. United States, tried in the United States District Court between August 2006 and January 2007, my client made new law at the trial level. The United States paid a premium for our client to withdraw that award.
The City of Burlingame, California revised the installation of and guarding around trees throughout the major shopping street of Burlingame Avenue as a direct result of success in Fie v. City v. Caesar, my clients’ appeal resulted in the expansion of the scopes of persons civilly liable for sexual abuse of a minor.
Areas of Practice
• Admiralty & Maritime Law
• Business & Commercial Law
• Personal Injury — Plaintiff
• Personal Injury — Defense
• Cruise Line Passenger (Admiralty)
• Federal Tort Claims
• Coast Guard License Defense
• Vessel Purchase and Sale
• California Government Tort Claims Act
Litigation Percentage
• 90% of Practice Devoted to Litigation
Admissions to Practice
• California, 1973
• U.S. Federal Courts, 1973
• U.S. Court of Appeals 9th Circuit
• U.S. District Court Central District of California
• U.S. District Court Eastern District of California
• U.S. District Court Northern District of California
• U.S. District Court Eastern District of Michigan
•
U.S. Court of Appeals for the Fourth Circuit
Education
• Temple University School of Law, Philadelphia, Pennsylvania
• J.D. – 1973
• Pennsylvania State University, State College, Pennsylvania
• B.A. – 1969
Representative Cases
• Summers v. United States, 905 F.2 1212 (9th Cir. 1990)
• Joseph v. Johnson [Caesar], 178 Cal.App.4th 1404 (2009)
▪ Ali v. Rogers, 780 F.3d 1229 (9th Cir. 2015)
▪ In re Hornblower Fleet, LLC 2019 U.S. Dist. LEXIS 104454 (S.D. Cal. June 21, 2019)
▪ In re Duquette, 2022 U.S. Dist. LEXIS 11028 (E.D. Cal. Jan. 20, 2022)
Professional Associations and Memberships
• The Maritime Association of the United States, Proctor in Admiralty, 1980
▪ American Attorneys for Justice (Maritime Section)
▪ Certified Legal Specialist in Admiralty and Maritime Law, State Bar of California
• Consumers Attorneys of California, Member
• San Francisco Trial Lawyers Association, Member
• Capital City Trial Lawyers Association, Member
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