The National Law Journal's L.A. Legal Pad

California has most influential state supreme court in the nation

A new study ranked the California Supreme Court as the most influential state supreme court in the nation, reports The National Law Journal.

The study, "'Followed Rates' and Leading State Cases, 1940-2005," ranked states by the opinions most frequently "followed" by other state courts, unlike previous studies that compiled all the cases "cited" by other courts, regardless of whether they were followed or rejected by other state courts.

The co-author of the study, Jake Dear, is the chief supervising attorney for the California Supreme Court. He told the NLJ that finding wasn't biased.

The study looked at how many opinions were followed five or more times and three or more times. California came out on top with 45 opinions followed five or more times, followed by Washington with 17 and Arizona with 16.

Dear told The Recorder that California's leading role is credited to the "fantastic smorgasbord of cases from which to choose," considering 5,400 petitions for review and 3,000 original writs annually.

Retired UCLA law dean Murray Schwartz dies at 87

Murray Schwartz, UCLA's third law dean and a professor in criminal law and legal ethics there, died of heart failure on Feb. 15. He was 87.

Schwartz started teaching at UCLA in 1958 and served as dean of their law school from 1969 to 1975. He received professor of the year and excellence in teaching awards at UCLA. He was also the school's vice chancellor from 1988 to 1991.

After graduating from law school in Pennsylvania, Schwartz clerked for U.S. Supreme Court Chief Justice Fred Vinson and then worked in the Solicitor General from 1952 to 1954.

"Murray's passing will be a great loss to our community," UCLA law dean Michael Schill told the Philadelphia Daily News.

Donations may be sent to the UCLA Foundation School of Law, attention Donna Colin, Box 951476, Los Angeles CA 90095.

Philadelphia News Obituary

Judge refuses to grant dismissal motions in Milberg Weiss case

A federal judge in Los Angeles has refused to grant four out of the five dismissal motions filed by Milberg Weiss in the federal government's kickback case.

Prosecutors allege that Milberg Weiss and seven of its partners, including its founding partner, Melvyn Weiss, generated $250 million in attorney fees by paying illegal kickbacks to name plaintiffs.

In January, Milberg Weiss filed motions to dismiss several of those claims, refuting charges that the firm committed mail fraud in failing to provide "honest services," obstructed justice by not turning over documents during a grand jury subpoena or violated New York's commercial bribery statutes. The firm also filed a motion challenging the government's depiction of a vast conspiracy, arguing that the indictment details separate schemes involving different plaintiffs. Weiss joined in those motions.

U.S. District Judge John Walter for the Central District of California refused to grant the four motions earlier this week, according to Assistant U.S. Attorney Richard Robinson, a prosecutor in the case.

Robinson declined to comment on the judge's decision.

Walter did not rule on a fifth motion to dismiss a money laundering count, which he set for a hearing on March 31.

Marina Ein, a spokeswoman for Milberg Weiss, declined to comment. Benjamin Brafman of Brafman & Associates in New York, who represents Weiss, did not return a call for comment.

- Amanda Bronstad

O'Melveny transactional co-chair heads to Gibson Dunn

Los Angeles – The former co-chairman of O’Melveny & Myers’ transactional intellectual property practice, Bill Peters, has joined Los Angeles-based Gibson, Dunn & Crutcher as a partner.

Peters, who had been a partner at O’Melveny’s Los Angeles office since 2002, has joined Gibson Dunn’s Los Angeles office.

Peters focuses on the outsourcing of business processes and information technology, such as offshore sourcing, strategic alliances, software development and software licenses. His clients are in various industries, including insurance, telecommunications, aerospace, automobile, energy, bank, transportation, retail and health care.

- Amanda Bronstad

ACLU sues federal government and L.A. County for deporting U.S. citizen to Mexico

The American Civil Liberties Union is suing federal government and Los Angeles County for wrongfully deporting a Latino U.S. citizen to Mexico (LISTEN: KPBS, NPR).

Peter Guzman, a developmentally disabled 30 year old born in L.A., was arrested for trespassing last March. Near the end of his 120 day sentence, it was determined that he was not in the country legally based on his perceived race despite sheriff's records showing him to be a U.S. citizen, Guzman's attorney told KPBS news.

U.S. Immigration and Customs Enforcement says Guzman repeatedly claimed he was a Mexican citizen, and living in the U.S. without legal authorization.

Guzman was arrived in Tijuana with $3. His family found him after a three month search. He'd been eating from dumpsters, bathing in rivers and being turned away at the U.S.-Mexico border, his family told the Associated Press.

The lawsuit seeks damages, alleging that this constitutional rights were violated.

Patrick Bobko promoted to shareholder at Richards Watson

Patrick Bobko was promoted to shareholder at Richards Watson's Los Angeles office.

Bobko represents municipalities and public entities in state and federal courts. He is also a member of the Hermosa Beach City Council and a former U.S. Air Force captain.

Third BAR/BRI suit filed over prices

Is the third time a charm?

Eliot Disner, the lawyer who objected to a $49 million class action settlement last year in an antitrust case he filed against the makers of the BAR/BRI bar review preparatory course, has filed a third suit to break up an alleged monopoly and reimburse students for the inflated prices they paid.

Disner, of the Disner Law Corp. in Los Angeles, originally sued West Publishing Corp., a division of Thomson Co., and Kaplan Inc., which provides preparatory courses for the Law School Aptitude Test (LSAT), in 2005, claiming they conspired to monopolize the market for bar review courses.

Last year, the defendants paid $49 million to settle the case, which involved a potential class of 300,000 students who claimed to be overcharged about $1,000 for the course. Under the settlement, each class member was expected to receive about $125.

But Disner, who was ousted from his former firm, McGuireWoods, after objecting to the settlement, filed a second suit months later for an injunction to split up West Publishing, rather than seek damages. He filed that suit, along with co-counsel Alan Harris, a partner at Los Angeles-based Harris & Ruble, on behalf of two California law students who expected to take the state's bar exam in 2010.

That suit was dismissed in December.

"We're pleased the judge agreed that the case was without merit," said John Shaughnessy, a Thomson spokesman.

He declined to comment on the third suit, which was filed on Feb. 6.

That case, which also includes co-counsel Harris, was filed by two law school graduates who alleged they overpaid for their BAR/BRI courses, as well as three law students who expect to take the bar exam in 2008 or 2009. Stephen Stetson v. West Publishing Corp., No. 2:08-cv-00810 (C.D. Calif.).

Disner and Harris did not return calls seeking comment.

But according to court filings, the suit makes claims similar to the second one, alleging that BAR/BRI's monopoly over full-service bar review courses has contributed to the steady decline of bar passage rates, and that West Publishing struck deals or made threats to reduce the number of competitors in the market. The suit also claims that students have paid about $1,000 in excess of the competing price for the courses.

The suit was filed against West Publishing and Kaplan and seeks certification of two classes: one class of individuals who have paid for a BAR/BRI course since July 1, 2006, and another of law students who anticipate purchasing the course. The potential class could be more than 120,000.

- Amanda Bronstad

San Diego City Council further restricts sex offenders

The San Diego City Council unanimously approved an ordinance banning sex offenders from coming within 300 feet of places where kids gather, the San Diego Union-Tribune reports.

The ordinance passed yesterday goes beyond Jessica's Law, which bans registered sex offenders from living within 2,000 feet of school and park. In San Diego, all sex offenders are required to stay at least 300 feet away from playgrounds, arcades, amusement parks and day care centers under the ordinance.

The Supreme Court is still considering the constitutionality of Jessica's Law, as it applies to the four parolees.

Dog on death row, and neutering becomes law in L.A.

"Price is Right" host Bob Barker has won.

An ordinance was signed yesterday requiring sterilization of most cats and dogs by four months old. Failure to do so means a $500 fine or 40 hours of community service. The idea is to reduce the number of animals euthanized or in shelters (CBS2 Video).

CBS2 also reported (perhaps covering the dog beat yesterday) that Rolo, a 5 year old German Shepherd, is on trial for attacking a woman and her baby (CBS2 Video). The woman is seeking the death penalty. Character witnesses will apparently appear today to say Rolo is a good dog.

Writers Guild approves new contract

Members of the Writers Guild of America voted overwhelmingly for the new contract with studios, the Associated Press reported.

However, only 40% of WGA members voted on the three year deal, which pays writers for media created for the Internet and reused on new media platforms.

The strike cost the Los Angeles area economy an estimated $2.5 billion.