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

Appeals court rejects challenge to state medical marijuana law

The challenge by San Bernardino and San Diego counties to California's medical marijuana laws was tossed by state appellate court judges in San Diego today, The Press-Enterprise reported (here).

The three judges rejected the counties' claim that the state's Medical Marijuana Program Act conflicted with the federal Controlled Substance Act and the the ID card provisions in the state law are invalid, according to the Press-Enterprise.

"The ruling is a stinging rebuke to the misguided attempt of a few rogue counties to undermine the will of California's voters and the well being of thousands of sick and dying patients," said a victorious ACLU attorney Adam Wolf in a press release.

L.A. trial lawyer Lisa Gilford named president-elect of National Association of Women Lawyers

Los Angeles trial lawyer Lisa Gilford was appointed president-elect of the National Association of Women Lawyers on July 16.

Gilford, who is currently on NAWL's executive board, will begin as president in July 2009.

"As president, my goals will be to further the NAWL Challenge, which is to double the number of women in key positions in-house and at law firms by 2015, and to make NAWL professional development programs available to even more women attorneys nationwide,” Gilford said in a press release.

Gilford is a partner at Weston Benshoof's litigation department, working on toxic torts, business torts, consumer class actions and product law.

She has served as counsel for communications, oil and gas, aerospace, chemical manufacturing and pharmaceutical industries.

California to sue EPA to limit pollution from ships, planes and agricultural equipment

California Attorney General Jerry Brown plans to sue the U.S. Environmental Protection Agency for failing to regulate greenhouse gas emissions from ships, planes and industrial equipment used in construction and agriculture.

Brown's notice of intent to sue is joined by Connecticut, New Jersey, Oregon, New York City, the South Coast Air Quality Management District and the California Air Resources Board.

In a press release, Brown wrote that he petitioned the EPA to "initiate appropriate regulatory action" several times this year, citing federal law and the U.S. Supreme Court's Massachusetts v. EPA decision. All he got in response was a "pathetically weak" notice on proposed ruling, reads the press release.

If the regulations don't come within 180 days, Brown says he'll sue, claiming the the EPA failed "to make explicit findings that industrial equipment, ships and aircraft emit greenhouse gas pollution that endangers public health or welfare" and failed "to adopt timely regulations to control such emissions."

The release claims that aircraft pollution made up 3% of all the CO2 emissions in 2005, ships the bought fuel in the U.S. emitted 3.9% of the nation's mobile source CO2 emissions in 2006.

"Does Brown Know There's an Election Coming Up?," The Recorder's Cal Law Blog

Civil litigator Scott Leviant joins L.A.'s Khorrami Pollard

Civil litigation attorney Scott Leviant joined downtown Los Angeles firm Khorrami Pollard as a senior associate in its class action group.        

           

Leviant works on complex commercial litigations, class actions, appellate matters and civil trials. He comments on current class action and complex litigation developments on his blog, The Complex Litigator.

He was previously a senior associate at L.A. firm Arias Ozzello.

Transactional tax specialist Stuart Simon joins Buchalter Nemer

 Transactional tax specialist Stuart Simon joined Buchalter Nemer.

Simon focuses on tax, real estate and tax credit transactions. He also works on tax controversies as a lawyer and a CPA.

An obscure 9th Circuit rule may help get more young lawyers into the courtroom

The annual Judicial Conference of the 9th U.S. Circuit Court of Appeals grappled with ways to get more courtroom training for young lawyers in an era of vanishing trials.

In the process, they raised a call for more use of a little-known 9th Circuit rule that guarantees young lawyers, whose firms accept a pro bono appellate appointment, an oral argument opportunity before a circuit panel.

Among the suggestions to get more young lawyers into the court, judges urged lawyers to allow the associates and new partners to handle discovery motions.

Others called for more firms to use pro bono work as a training ground. It was at that point that one session participant reminded the crowd of the obscure circuit pro bono argument guarantee.

For 16 years the 9th Circuit has pledged to give oral argument experience to pro bono lawyers that take up appeals as part of the court program. The majority of cases are immigration appeals. The court handles 125 to 150 per year, according to Cathy Catterson, circuit executive.

The program began in 1992 under then-Chief Judge Clifford Wallace. The advantage is that young associates and even law school students are allowed to argue cases before a 9th Circuit panel as part of the court's pro bono program.

The University of California, Davis Law School and Stanford University Law Schools are among the schools that participate, Catterson said.

The advantage for the court is that the cases have been identified as containing legal issues the judges need to sort out, and they provide a free lawyer to the indigent client, she said.

During the conference discussion, U.S. District Judge William Alsup, of the Northern District of California in San Francisco, cited the common excuses for not allowing young associates to handle courtroom appearances.

They include, client pressure to use partners-only to appear in court, law firm resistance to writing down the cost of training associates; that in some cases the stakes are too high and the pressure to keep up billable hours limits use of associates or fledgling partners.

-- Pamela A. MacLean

Former chief prosecutor for air quality joins Jeffer Mangels

Peter Mieras, former chief prosecutor of the South Coast Air Quality Management District, joined Los Angeles-based Jeffer Mangels as of counsel.

Mieras was chief prosecutor for the district for 12 years and principal deputy district prosecutor for six, working on regulatory enforcement and air quality permitting.

He was also on the attorneys' committee of the California Air Pollution Control Officers Association, advising officials from other air districts in California on permitting, enforcement issues and legislative matters.

Mukasey: No one at DOJ, White House consulted in closure of L.A. public corruption unit

Sen. Dianne Feinstein (D-Calif.) has been exchanging letters with Atty. Gen. Michael Mukasey's office, as she raises questions about the sudden closure of the public corruption unit in the U.S. Attorney's Office in Los Angeles in March, the L.A. Times reported (here).

In March, Feinstein called on Atty. Gen. Michael Mukasey to provide the Justice Department's rational for axing the high-profile unit. Mukasey responded that it enabled more lawyers to take on public corruption cases.

Feinstein also asked for information on any possible role the DOJ and White House had in the decision, whether lawyers in the unit had any input in the decision making process and how pending public corruption cases would be handled.

A Mukasey spokesperson told the Times that a response to to those questions was mailed yesterday.

The letter says that Los Angeles U.S. Atty. Thomas O'Brien made the decision to dismantle the group after talking to senior staff in L.A., and that nobody was consulted in Justice Department, the White House, or in the disbanded unit.

Judge rules cellphone carriers' early termination fees likely violate state law

Charging customers fees for breaking their cell-phone service contracts early likely violates state law, Alameda County Superior Court Judge Bonnie Sabraw ruled.

Sabraw found that Sprint Nextel Corp. must pay $ 73.1 million - $18.3 million to customers who sued over the fees and credit $54.8 million to people charged who didn't pay the fees, the Associated Press reported.

Sabraw is also considering lawsuits against other telecommunications companies over such fees, the AP reported.

"This ruling sounds the death knell for the industry's petition seeking a preemption ruling from the FCC - a ruling the industry has never been able to win in court," Scott Bursor, an attorney representing the plaintiffs, told Dow Jones (here).

Alston & Bird acquires L.A.'s Weston Benshoof

Atlanta law firm Alston & Bird acquired L.A.-based Weston Benshoof.

The merger gives Alston its first two offices in California, in Los Angeles and Westlake Village, and 83 local attorneys specializing in litigation, real estate development and environmental law.

With the added attorneys, the firm boasts 900-attorneys and eight domestic offices.

The firm also announced it's opening a 12-attorney office in Silicon Valley.

Atlanta law firm Alston & Bird acquired L.A.-based Weston Benshoof.

The merger gives Alston its first two offices in California, in Los Angeles and Westlake Village, and 83 local attorneys specializing in litigation, real estate development and environmental law.

With the added attorneys, the firm boasts 900-attorneys and eight domestic offices.

The firm also announced it's opening a 12-attorney office in Silicon Valley.