New U.S. Supreme Court Rulings Jam the Courthouse Doors for ...

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s u p p o r t i n g t h e wo r k o f a m e r i c a’ s p u b l i c i n t e r e s t l a w f i r m







New U.S. Supreme Court Rulings Jam the Courthouse Doors

for Consumers, Employees, Others Seeking Access to Justice



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he U.S. Supreme Court has just Roberts and Justices Antonin Scalia,

highlighted and increased the need Clarence Thomas, Samuel Alito, and

for Public Justice’s Access to Justice Anthony Kennedy—precluded current

Campaign. In three disturbing decisions and former women employees of the

in the last two months, five members of country’s largest retailer from pursuing a

the Court continued changing the law to national class action against the company

benefit corporations and limit or elimi- for sex discrimination in promotion and

nate consumers’ and workers’ rights. pay. In so doing, they announced new

In AT&T v. Concepcion, the five- rules of law that could make it much

member majority held that the Federal more difficult for victims of employment when pharmacists fill prescriptions by sub-

Arbitration Act of 1925 preempts—i.e., discrimination—and many others—to stituting generic drugs for name-brand

wipes out—a California Supreme Court hold corporations accountable in court. drugs, as most states require them to do,

rule barring corporations from using (See article on Page 3). consumers will be losing their rights in the

consumer contracts to ban class actions In Pliva, Inc. v. Mensing, again by a 5- process. (See article on Page 3.)

in cases charging companies with cheat- to-4 vote, the Court declared that generic The United States aspires to the words

ing large numbers of people out of indi- drug manufacturers cannot be sued for inscribed on the front of the U.S

vidually small amounts of money. Public failing to warn patients or doctors of their Supreme Court: “Equal Justice Under

Justice is now leading the battle to prove drugs’ dangers—even though the Court Law.” Public Justice is determined to pre-

—and educate others about—the limita- held two years ago in Wyeth v. Levine that serve access to justice for all. I

tions of the decision. (See article below.) name-brand drug manufacturers can be

In Wal-Mart v. Dukes, the same mem- sued for failing to warn patients and doc-

bers of the Court—Chief Justice John tors of their drugs’ dangers. As a result, Public Justice Leads

Battle to Show Limits

U.S. Pays $1.95 Million to Family of Late, of Concepcion Ruling

Medically Neglected Immigration Detainee



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he United States has paid $1.95

million to the daughter and estate

of Francisco Castaneda, an immi-

in February 2008, one year after his penis

was amputated in an attempt to stop the

cancer from spreading.

T he U.S. Supreme Court dealt a

crushing blow to class action litiga-

tion in its April decision in AT&T

Mobility v. Concepcion, but Public Justice

gration detainee who died from penile The payment settled a federal lawsuit and other plaintiffs’ attorneys say there

cancer that federal authorities had refused alleging that Castaneda died as a result of are limits to the ruling’s reach.

to diagnose or treat during his nearly 11 the government’s medical negligence, According to the Court, the Federal

months in their custody. Castaneda died health care policies for immigration Arbitration Act of 1925 (FAA) preempts

detainees that failed to meet correctional California’s Discover Bank rule, which, it

industry standards, and intentional disre- said, would invalidate a class action ban

INSIDE gard of Castaneda’s serious medical in an arbitration clause—and could force

3: High Court Rejects Failure to Warn, needs. Trial had been scheduled to begin defendants into class arbitration without

Gender Discrimination Claims in April. their consent—even if claims brought on

5: Fighting to Hold Banks Accountable Public Justice Managing Attorney an individual basis would be “most likely

6: Iqbal Project Files Appeal Adele Kimmel said not only does the set- to go unresolved.” Prohibiting arbitra-

8: Auto Preemption Victory tlement in the federal case “represent vin- tion of a broad category of claims and

11: Trial Lawyer of the Year Finalists See Neglected Detainee, page 7. See Concepcion, page 5.

presiDent’s report





Why Public Justice?



F

or all of history, much of executive Director’s report

humanity has struggled

against injustice, merely to

survive. Over 5,000 years ago, The Supreme Injustice

under claim of divine entitle-



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ment, a privileged and powerful he law, as Justice Oliver

few individuals conscripted the Wendell Holmes said, “is

masses to build pyramid monu- not a brooding omnipres-

ments. Are we a significantly ence in the sky.” People create,

better world today? refine, and develop it with jus-

Over the past four decades, tice as the goal. The law affects

inflation has effectively cut the how people act and what hap-

minimum wage worker’s buy- pens to them.

Harry Deitzler

ing power in half. Corporations That is why the U.S.

have used bankruptcy protection to enrich their CEOs and dis- Supreme Court’s recent 5-to-4

solve worker pension funds. Fewer and fewer working families decisions are so alarming. Their

are provided with health insurance. real-world consequences are

Courts abdicate their power in favor of dubious arbitration. extremely grave. Arthur H. Bryant

Governments allow private companies to imprison and mis- In AT&T Mobility v. Con-

treat citizens. Class action bans in small cases prevent corporate cepcion, the Court made it much easier for corporations to use

accountability for thousands of individual wrongs. form consumer and employer contracts to bar customers and

Are we winning or losing the fight against injustice? workers from bringing class actions against them—and much

In 1982, Public Justice began its first major battle against harder for concerned States and attorneys to overturn class

injustice. As Trial Lawyers for Public Justice, we filed the case of action bans and preserve access to justice. Unscrupulous corpo-

Anderson v W.R. Grace, a landmark toxic tort case on behalf of rations will be more free to—and will—cheat consumers and

eight families in Woburn, MA, whose children contracted workers and walk away with the money. Millions, even billions,

leukemia from toxic chemicals dumped in the town’s drinking of dollars will be transferred illegally from consumers and work-

water (later the subject of the bestselling book and movie, “A ers to corporate wrongdoers, and few people will be able to do

Civil Action”). anything about it.

Twenty-nine years later, with your support and assistance, In Wal-Mart v. Dukes, the five-member majority essentially

we are still fighting, and winning, battle after battle in the pub- made it impossible for the company to be held accountable

lic’s interest. nationwide for sex discrimination against its female employees.

There will always be a wall of injustice to overcome. Five The Court also made it much more difficult to prevent and

thousand years of privileged entitlement mentality will not deter corporations throughout the country from mistreating

evaporate in our lifetimes. The seductive temptation of money workers and discriminating against men and women on the

and power will not suddenly disappear like the Berlin Wall. As basis of their gender, age, disability, religion, political beliefs or

we remove bricks from one part of the wall, those who are sexual orientation. The law will be broken, people will suffer,

tempted will add bricks elsewhere. and companies will not be held accountable.

Public Justice advocacy effectively provides judicial and The practical effect of PLIVA v. Mensing is the most far-

public enlightenment to prevent the exploitation of power. reaching of all. The decision endangers almost everyone in

Absent effective public interest litigation, privileged attorneys America. When generic drugs are available, over 90% of patients

and judges in positions of power will quickly overlook the use them. Now, no matter what manufacturers know or when

struggles of citizens in our midst. Injustice lurks in the shadows, they know it, they will have little financial incentive to warn con-

waiting to strike whenever illumination fails. sumers of their drugs’ dangers—and no obligation to compen-

Now more than ever, it is critically important to ensure that sate the people their products harm. Pharmacists substituting

individuals retain the right to be heard in a meaningful forum. generic drugs for name-brand drugs will be eliminating patients’

Without access to justice through our courts, no other safe- rights in the process. People will be injured and killed.

guard protects the less fortunate among us in today’s society. This is not the way our legal system is supposed to work.

Thanks to your participation and support, Public Justice Each member of the Supreme Court is called “Justice.” That is

will always carry the torch of enlightenment to those in power what we want them to do. In these cases, they inflicted

who care enough to listen and act. Public Justice matters. I Supreme Injustice instead. I



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U.S. Supreme Court Rules that Generic Drug Manufacturers

Cannot Be Sued for Failing to Warn of Their Drugs’ Dangers



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n a blow to consumer claims, the U.S. rejected the generic manufacturers’ pre- the prescription with the generic form.

Supreme Court ruled in late June that emption defense. The Fifth and Ninth Mensing’s long-term use caused her to

generic drug manufacturers cannot be Circuits had also held that failure-to- develop tardive dyskinesia, a disabling,

sued for failing to provide adequate warn- warn claims against generic manufactur- Parkinson’s Disease-like disorder.

ings of their drugs’ risks. ers were not preempted. The Supreme Court’s decision does

The Court held that state failure-to- Joined by Justices Ginsburg, Breyer not address whether plaintiffs like

warn claims against generic manufactur- and Kagan, Justice Sotomayor wrote a Mensing may be able to recover from the

ers are preempted by federal law. Public dissent in Mensing, noting the Court’s makers of their drugs’ brand-name ver-

Justice and the Center for Constitutional 2009 holding in Wyeth v. Levine that fail- sions. Some courts have held that plain-

Litigation (CCL) were appellate counsel ure-to-warn claims against brand-name tiffs who are given generics have viable

for the plaintiff, Gladys Mensing. CCL’s drug makers are not preempted. claims against the brand-name manufac-

Louis Bograd argued the case in March. The opposite results reached in turers, although other courts (including

The Supreme Court decided Pliva, Inc. Mensing and Levine mean that “a drug the Eighth Circuit in Mensing itself) have

v. Mensing by a 5-to-4 vote. The majority, consumer’s right to compensation for rejected such claims.

led by Justice Thomas, held that even inadequate warnings now turns on the Public Justice’s Claire Prestel and Leslie

though the generic drug manufacturers happenstance of whether her pharmacist Brueckner were Mensing’s co-counsel with

could have sought approval from the filled her prescription with a brand-name CCL. Co-counsel in the Supreme Court

Food and Drug Administration (FDA) drug or a generic,” said the dissent. It also included Michael Johnson and Lucia

for a stronger warning label—and, described that and other consequences of McLaren of Goldenberg & Johnson,

indeed, were required to seek such the majority opinion as “absurd” and not P.L.L.C. in Minneapolis and Daniel Mc-

approval—generic manufacturers’ inabil- what Congress intended. Glynn of McGlynn, Glisson & Mouton

ity to unilaterally change their drugs’ For three years, Gladys Mensing took in Baton Rouge, LA. In a second case that

labels in advance of FDA approval meant the generic drug metoclopramide to treat combined with Mensing before the Court,

that it was “impossible” for them to com- gastroesophageal reflux. Her physician the plaintiff was represented by Richard

ply with both federal and state law. had prescribed Reglan, the brand name Tonry, II, Raymond Binson, Brian Glorioso

The decision reverses the Eighth version of the drug, but in accordance and Kristine Sims, all of Tonry, Brison &

Circuit Court of Appeals, which had with Minnesota law, her pharmacy filled Glorioso, L.L.C. in Slidell, LA. I





High Court Blocks Class Certification in Wal-Mart Bias Case



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he U.S. Supreme Court dealt a local supervisors over employment mat- improperly certified under Federal Rule

stunning blow to employment dis- ters was “[o]n its face . . . just the opposite of Civil Procedure 23(b)(2).” The Court

crimination class actions in June, of a uniform employment practice that explained that Rule 23(b)(2) “does not

rejecting class certification for a group of would provide the commonality needed authorize class certification when each

more than 1 million female workers who for a class action; it is a policy against hav- class member would be entitled to an

alleged gender discrimination by Wal- ing uniform employment practices.” individualized award of monetary dam-

Mart, the nation’s largest employer. All three female justices—Ruth Bader ages.”

An amici brief by Public Justice, the Ginsburg, Sonia Sotomayor, and Elena Public Justice’s brief before the Court

National Association of Consumer Kagan—along with Justice Stephen had argued that a restrictive interpreta-

Advocates, and the National Consumers Breyer dissented from that part of the tion of Rule 23 would effectively strip the

League supported the women. opinion. Justice Ginsburg wrote that the ability of many workers and consumers

Writing for a 5-4 majority, Justice plaintiffs’ evidence showed that “gender to seek redress for corporate wrongdoing.

Antonin Scalia said that the plaintiffs had bias suffused Wal-Mart’s company cul- Monique Olivier of Duckworth Peters

failed to offer “‘significant proof’ that ture.” Justice Ginsburg noted that due to Lebowitz Olivier LLP in San Francisco,

Wal-Mart ‘operated under a general poli- people’s unconscious biases, “[t]he prac- CA authored Public Justice’s brief, with

cy of discrimination,’” which he said was tice of delegating to supervisors large dis- input from Public Justice Senior Attor-

necessary in discrimination cases to satis- cretion to make personnel decisions, neys Victoria Ni and Paul Bland, and

fy the “commonality” requirement for uncontrolled by formal standards, has Executive Director Arthur Bryant. Co-

class certification under federal rules gov- long been known to have the potential to counsel on the brief were James Stur-

erning civil procedure. produce disparate effects.” devant of San Francisco, CA, and Tracy

Justice Scalia stated that the plaintiffs’ But the Court held unanimously that Rezvani and Karen Marcus of Finkelstein

evidence of Wal-Mart giving discretion to the plaintiffs’ “claims for back pay were Thompson, LLP in Washington, DC. I



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Justices Unanimously Overturn Fifth Circuit’s Rulings

Limiting Court Access in Securities and Civil Rights Cases



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espite announcing key decisions In another Fifth Circuit case, Ricky In Halliburton, Charles Pearsall Good-

this term that strip or limit plain- Fox, a candidate for police chief of win of Berger & Montague, P .C., in

tiffs’ access to the courts, the U.S. Vinton, LA, sued the incumbent chief Philadelphia, was the lead author of

Supreme Court issued two unanimous for allegedly launching an intimidation Public Justice’s amicus brief, with assis-

decisions in early June overturning Fifth campaign against him. When Fox volun- tance from Yael May, also of Berger &

Circuit decisions limiting securities and tarily dismissed his federal civil rights .C.;

Montague, P Lisa M. Mezzetti and S.

civil rights plaintiffs’ access to the courts, claim, the defendant sought attorneys’ Douglas Bunch of Cohen Milstein

as Public Justice amicus briefs urged. fees on the ground that the claim was Sellers & Toll, PLLC, in Washington,

.

In Erica P John Fund v. Halliburton, frivolous. The Fifth Circuit granted the DC; Public Justice Brayton-Thornton

investors alleged that the energy con- entire amount of the defense fees Attorney Melanie Hirsch; and Public Jus-

glomerate had misrepresented its earn- incurred in Fox v. Vice. tice Executive Director Arthur Bryant.

ings to inflate its stock price. When the Public Justice and other public inter- The Fox amici brief was written by

company corrected the misstatements, est groups argued that the Fifth Circuit’s Andrew G. Celli, Jr., O. Andrew F.

its stock price dropped. Investors rule would profoundly affect plaintiffs’ Wilson, and Debra L. Greenberger of

brought a securities fraud class action ability to vindicate their federal civil Emery Celli Brinckerhoff & Abady LLP ,

and moved for class certification. rights. The Supreme Court held that in New York, NY, on behalf of a coalition

Both the district court and the Fifth when a civil rights plaintiff’s suit of groups including Public Justice,

Circuit Court of Appeals denied class cer- involves both non-frivolous and frivo- American Civil Liberties Union, Amer-

tification on the grounds that plaintiffs lous claims, a court may only award icans United for Separation of Church

had to show that Halliburton’s misrepre- attorneys’ fees to a prevailing defendant and State, Impact Fund, Lawyers’

sentations caused their loss at the certifi- to the extent the fees requested would Committee for Civil Rights Under Law,

cation stage—even though no other cir- not have accrued “but for” the frivolous The Legal Aid Society, National

cuit requires that until summary judg- claims. The Court’s opinion, written by Employment Lawyers Association,

ment or trial. The Supreme Court over- Justice Kagan, explained that the Fifth National Fair Housing Alliance, and

turned the Fifth Circuit’s ruling, remov- Circuit’s ruling would grant a windfall to People For the American Way. Public

ing a nearly insurmountable burden for those defendants facing a frivolous claim Justice’s Senior Attorney Vicky Ni and

plaintiffs at the class certification stage. intertwined with meritorious ones. Hirsch provided input on the brief. I





State Claims Still Possibility after Climate Change Ruling



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potentially blockbuster climate presented a political question that was self from the case (she had heard oral

change case in the U.S. Supreme up to Congress to resolve, not the courts. argument while on the Second Circuit),

Court turned out to be a loss for The Second Circuit reversed and had there likely would have been a 5-4 major-

environmentalists without being a big allowed the case to proceed. ity opinion holding that at least some of

win for industry. To support the plaintiffs, Public the plaintiffs have standing to bring com-

Several states and land trusts had filed Justice had filed an amicus brief on mon-law nuisance claims.

suit against five major power plants to behalf of some of the nation’s leading cli- If Congress were to prevent EPA

limit carbon dioxide emissions, relying mate scientists to show that, if the Court from carrying out its Clean Air Act man-

on federal and state common law on followed its decision in Massachusetts v. date, the plaintiffs could potentially rein-

public nuisance. Those power plants col- EPA—which held that the Clean Air Act state their federal common-law claims.

lectively account for 10% of the United covers greenhouse gas emissions and Moreover, the Court’s decision does

States’ carbon dioxide emissions. allows states to challenge EPA’s refusal to not rule out future global warming law-

In June, the Supreme Court held in regulate greenhouse gas emissions—it suits based upon state claims. Though

American Electric Power Co. v. Connecti- would find that the plaintiffs had the the plaintiffs cannot continue to bring

cut that the Clean Air Act—and the kind of injuries needed to give them their federal nuisance claims, the Court

Environmental Protection Agency’s standing to bring the case. did not dismiss their state nuisance

(EPA) authority to regulate greenhouse The Court affirmed, by an equally claims. As in tobacco litigation, the

gas emissions under that Act—displaces divided court, that the plaintiffs have challenge remains to find a claim that

the states and land trusts’ federal com- standing to pursue their claims—a find- will bring to justice the companies that

mon-law claims. The district court had ing urged by Public Justice’s amicus brief. put profits before people and, in this

dismissed the case on the grounds that it Had Justice Sotomayor not recused her- instance, the planet. I



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Public Justice Challenges Banks’ Preemption Argument



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n two new cases, De la Cruz v. tion laws because the National Bank Act recent efforts in Public Justice’s fight

Wachovia Dealer Services and Epps v. (NBA) and a regulation from the Office against banking preemption, which

JPMorgan Chase Bank, Public of the Comptroller of the Currency began in 2007 with De la Cruz v. WFS

Justice is continuing its challenge to (OCC) preempt such state laws. Financial—in which the lender agreed to

national banks’ argument that they are Public Justice contends that preemp- forgive over $34 million in debts after

exempt from compliance with state tion is not warranted in either case, for Public Justice successfully sought review

consumer protection laws. two key reasons. First, the lenders in both by the California Supreme Court—and

In both cases—Epps in the U.S. cases contractually agreed to comply continued with Aguayo v. U.S. Bank,

Court of Appeals for the Fourth Circuit with state law when they purchased the argued in the Ninth Circuit in February

and De la Cruz in the California Court consumer contracts from the dealerships, 2011.

of Appeal—consumers purchased vehi- and federal law does not preempt a In Epps, Public Justice Senior

cles from car dealerships under retail party’s voluntarily assumed contractual Attorney Paul Bland and Brayton-

installment contracts. Shortly after the obligations. In essence, the banks seek to Thornton Attorney Melanie Hirsch are

sale, the dealerships assigned the con- collect deficiency judgments from con- counsel, along with Scott C. Borison of

sumers’ contracts to national banks. sumers—a right created by state law— the Legg Law Firm, LLC, in Frederick,

When the consumers became unable to without having to meet the obligations MD; Peter Holland of the Holland Law

make payments and defaulted, the banks on which that right is conditioned. .C.,

Firm, P in Annapolis, MD; and Jane

repossessed. Second, the banks’ preemption argu- Santoni of Williams & Santoni, LLP in ,

But the banks’ post-repossession ments fail to recognize that the NBA and Towson, MD.

notices failed to comply with state laws the OCC regulation govern only a bank’s Hirsch is also counsel for the plaintiffs

that provide crucial protections to con- ability to lend; under both the OCC reg- in De la Cruz, along with Public Justice

sumers when a creditor is trying to collect ulation and more than a century of Staff Attorney Claire Prestel; Andrew J.

its debt. In both cases, after consumers Supreme Court precedent, state debt-col- Ogilvie and Carol McLean Brewer of

brought suits on behalf of a putative lection laws, like the ones at issue in Epps Anderson, Ogilvie & Brewer LLC, in

class, the banks argued that they did not and De la Cruz, are not preempted. San Francisco; and Michael E. Lindsay in

need to comply with these debt collec- Epps and De la Cruz are the most San Diego. I





Concepcion effectively vindicate their rights. has maintained in five separate cases that

continued from page 1. Public Justice has argued in a number the FAA does not apply to cases in state

of cases that courts should harmonize court. Observers say that if Concepcion

imposing class-wide arbitration against Concepcion with the Supreme Court’s ex- had come to the Supreme Court from

the parties’ consent was inconsistent tensive case law on vindication of rights state court, Justice Thomas would likely

with—and thus preempted by—the by leaving in place state laws that limit class have voted against preemption—and at

FAA, said the Court. action bans in particular circumstances least one federal district court has already

In the wake of Concepcion, corporate where the evidence shows such an effect. recognized that Concepcion’s preemption

defendants have asked many courts to In addition, the Court did not hold holding is likely limited to cases which,

reexamine their prior decisions invalidat- that corporations can ban all class actions like Concepcion itself, arise in federal court.

ing class action bans, arguing that brought under federal law. Concepcion Since the ruling, Public Justice has

Concepcion requires the enforcement of addressed whether the FAA preempts joined a nationwide effort to decipher the

any contract term banning class actions, particular rules of state law; the FAA does implications of Concepcion. A variety of

no matter what the evidence in the case not preempt other federal laws. That is resources, including a memorandum

would show or what state law is at issue. significant because several federal courts about those legal arguments and links to

But the Court did not hold that the have held that class action bans violate briefs and decisions filed since

FAA requires a court to enforce a class the FAA when, for example, the costs or Concepcion, can be accessed on the Public

action ban in an arbitration clause where claims involved—like antitrust claims Justice website, www.publicjustice.net.

the factual record proves that the term that would require expensive and com- Public Justice had filed an amicus brief

would effectively preclude consumers or plex expert testimony—preclude indi- in Concepcion opposing federal preemp-

employees from vindicating their statuto- vidual litigation. tion. The brief was authored by Staff

ry rights. Indeed, in order to so hold, the Furthermore, Public Justice attorneys Attorney Leslie Bailey with input from

Supreme Court would have had to over- say there are strong arguments that Senior Attorney Paul Bland, Budd-

rule decades of its own precedent making Concepcion’s holding should not apply in Kazan Attorney Matt Wessler, Brayton-

clear that arbitration clauses are only state court. Justice Thomas, who provid- Thornton Attorney Melanie Hirsch, and

enforceable so long as the parties can ed the critical fifth vote in the decision, Executive Director Arthur Bryant. I



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Public Justice Urges Arizona Supreme Court to Protect Class

Members from Statute of Limitations When Class Action Pending



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s part of its fight to preserve will be forced to file separate suits to pre- only be tolled beginning from the date

class actions, Public Justice has serve their rights. the Hoffman plaintiffs filed their motion

filed an amicus brief urging the In 2003, in a separate case called for class certification, not the date they

Arizona Supreme Court to adopt a cru- Hoffman v. Shea Homes Limited filed the class complaint. As a result, the

cial protection for absent class members. Partnership, a number of homeowners in Albano complaint—which would have

Under federal rules governing class an Arizona subdivision brought a class been timely if the statute of repose was

actions, as explained by the U.S. action against the developer for defective tolled starting from the filing of the

Supreme Court in American Pipe & construction. The plaintiffs filed an complaint—was deemed untimely,

Construction Co. v. Utah, the filing of a untimely motion for class certification through no fault of the Albano plaintiffs.

class complaint tolls the statute of limi- more than two years later; the trial court On appeal, the Albano plaintiffs

tations for absent class members until denied that motion as well as a motion argued that the district court had erred

class certification is denied. Essentially, to add 86 new plaintiffs who sought to in failing to toll the statute of repose for

American Pipe means that absent class intervene. the entire pendency of the Hoffman liti-

members do not lose their ability to Alfred Albano, along with numerous gation. The Ninth Circuit certified to

bring a lawsuit due to a statute of limita- other individuals who had been denied the Arizona Supreme Court the ques-

tions while a putative class action is the right to intervene in Hoffman, tion of whether and how Arizona would

pending. brought their own suit in November follow American Pipe.

In Albano v. Shea Homes Limited 2007, which the defendants removed to Public Justice’s brief was written by

Partnership, the Arizona Supreme Court federal court. In its ruling, the federal Francis J. Balint, Jr., and Kevin R. Hanger

is now deciding whether it should adopt district court applied a modified version of Bonnett, Fairbourn, Friedman &

the American Pipe rule. Public Justice of American Pipe: it held that because of .C.

Balint, P in Phoenix, AZ. Public

argues in its brief that without such a the delay in filing for class certification in Justice’s Brayton-Thornton Attorney

rule, the promise of the class action Hoffman, Arizona’s eight-year statute of Melanie Hirsch and Senior Attorney

device is thwarted because individuals repose for real-estate developers should Paul Bland provided assistance. I





Ohio Whistleblower’s Claims Not Precluded by Decision in

Ashcroft v. Iqbal, Argues Public Justice Sixth Circuit Appeal



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whistleblower who says he was tion laws worth the trouble. port from other groups committed to

fired after objecting to employ- The district court dismissed Rhodes’s ensuring that employment discrimina-

ment discrimination at an Ohio claims before discovery, tion and retaliation plain-

shipping company is entitled to have his holding that they failed to tiffs still have access to jus-

federal claims heard, argues an appellate meet the pleading stan- tice. The National

brief filed by Public Justice as part of its dard announced by the Employment Lawyers

Iqbal Project. U.S. Supreme Court in Association and AARP

Eugene Rhodes, an experienced Ashcroft v. Iqbal. have asked the Sixth

management executive at Ohio-based In its appeal to the Sixth Circuit, Circuit for permission to participate as

R+L Carriers and its sister companies, Public Justice argues that Rhodes’s com- amici curiae in the case, and the Equal

was fired after only eight months on the plaint met the pleading requirements of Employment Opportunity Commis-

job, despite his highly rated performance the Federal Rules of Civil Procedure sion also filed a friend-of-the-court brief

and 34 years in the industry. because it gave the defendants fair notice urging the Sixth Circuit to reverse the

In a lawsuit filed in federal district of his claims and is supported by well- dismissal of Rhodes’s claims.

court last year, Rhodes said he witnessed pleaded factual allegations that make the Public Justice Staff Attorney Claire

discrimination against R+L employees, claims plausible on their face. The brief Prestel, Senior Attorney Paul Bland, and

but when he objected, was told by upper also argues that Rhodes cannot be Brayton-Thornton Attorney Melanie

management that R+L would not required to plead facts obtainable only Hirsch are lead counsel on the appeal;

change because the company “had never through discovery or more facts than are Jon Allison and Randy Freking of

had to write a big enough check” to necessary to state a plausible claim. Cincinnati’s Freking & Betz, LLC are

make complying with anti-discrimina- Rhodes’s appeal has won amicus sup- lead trial counsel. I



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Public Justice Joins Suit on Behalf of Former Immigration

Detainee Severely Brain Damaged from Medical Neglect



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ublic Justice recently joined anoth- Mira Loma pursuant to an agreement own medical expert—a very prominent

er lawsuit to protect immigration with the federal government and pro- neurosurgeon—Mr. Murugesapillai’s

detainees’ right to receive adequate vides only limited medical services to treatment fell below the accepted standard

medical care while in custody. Prathees detainees. There is no doctor at the facil- of care. The day after he arrived at AVH,

Murugesapillai, a 28-year-old native of Sri ity. And the nurses are not allowed direct Mr. Murugesapillai suffered a brain her-

Lanka, suffered severe brain damage and contact with patients during sick call. niation, underwent a craniotomy, and

can no longer care for himself, as a result Instead, they provide care through a suffered permanent brain injuries.

of receiving grossly inadequate medical bank teller-type window that prevents After several weeks at AVH, Mr.

care for meningitis at both the detention them from physically examining patients Murugesapillai was transferred to a reha-

facility where he was held and at a hospi- and taking their vital signs. This, of bilitation hospital, had to endure further

tal where he was provided treatment. course, makes it very difficult to diagnose brain surgery at yet another hospital, and

The lawsuit, originally filed in 2009, meningitis—a potentially deadly illness was then transferred to a federal detention

asserts civil rights and medical negligence that is common in a custodial setting. facility in Florida. On March 11, 2011,

claims against those responsible for Mur- To make matters worse, the facility is ICE released Mr. Murgesapillai from

ugesapillai’s catastrophic injury—includ- severely understaffed. On the date that detention, dropping him at a homeless

ing the United States; the Los Angeles Mr. Murugesapillai began to complain shelter in New Jersey. His brother,

County Sheriff’s Department (Sheriff’s about an unremitting headache and Ramesh—a legal resident—removed

Department) and a county medical pro- body aches, a single nurse saw between him from the homeless shelter and

vider; Antelope Valley Hospital (AVH); a 100 and 165 detainees in a three-hour became his primary caregiver.

physician who treated Mr. Murugesapil- period. Despite his going to sick call five Mr. Murugesapillai requires 24-hour-

lai at AVH; and the physician’s employer. times in a two-week period to complain a-day care now and takes six different

Mr. Murugesapillai came to the Uni- about his condition—which had not types of prescription medicine each day

ted States in 2007 seeking political asylum responded to the Motrin and cold medi- to survive. He was completely healthy

and to escape persecution and torture by cines that had been dispensed to him— when he entered the United States and

the Singhalese majority in Sri Lanka; he is no one ever checked his vital signs or per- was taken into custody.

an ethnic minority of Tamil descent. formed any tests to rule out meningitis. Mr. Murugesapillai is represented by

Immediately upon entering the United On March 4, 2008, the day after his Conal Doyle of Willoughby Doyle LLP

States, Immigration and Customs En- last visit to “sick call,” Mr. Murugesapillai in Beverly Hills, CA, lead counsel; Tho-

forcement (ICE) detained him and placed suffered a seizure and was sent to the mas M. Dempsey of the Law Offices of

him in custody at the Mira Loma emergency room at AVH. He was treat- Thomas M. Dempsey in Beverly Hills, CA,

Detention Facility in Lancaster, CA. ed for meningitis and a brain abscess at co-counsel; and Public Justice Managing

The Sheriff’s Department operates the hospital, but, according to AVH’s Attorney Adele Kimmel, co-counsel. I





Neglected Detainee immigration detainees,” said Kimmel, for the reform of immigration detainee

continued from page 1. co-lead counsel for the Castanedas. “His healthcare and has therefore impacted

family is taking some comfort in knowing the human rights of people worldwide.”

dication for the Castaneda family,” but that his ordeal has made a difference.” Though the settlement brings an end

the Castaneda case helped shed light on The settlement in Castaneda v. United to a four-year pursuit of justice from the

serious problems regarding the medical States was approved by the federal district United States, the Castanedas continue

treatment of immigration detainees. court in Los Angeles and resolved the to seek justice for the grossly inadequate

To settle a class action lawsuit by Castanedas’ claims against the United medical care Mr. Castaneda received

detainees, the U.S. government agreed in States and federal employee George while in California’s custody. Last

December 2010 to specific improve- Molinar, who was the Immigration and November, a Los Angeles jury awarded

ments in medical care at the San Diego Customs Enforcement officer-in-charge $1.73 million to Castaneda’s daughter

Correctional Facility, where Castaneda at one of the federal detention facilities and estate in a wrongful death claim

had been detained for eight months. where Mr. Castaneda was held. against the State of California. That ver-

Since then, the government has changed “This historic settlement is recogni- dict is currently on appeal. The

the policies nationwide so that all tion by our government that every Castanedas also have a federal case pend-

detainees will get better care. human life has value,” said Conal Doyle, ing against California medical person-

“Mr. Castaneda had hoped that his co-lead counsel for the Castaneda family. nel, which is on hold until the state

case would lead to better health care for “Mr. Castaneda’s story has been a catalyst court appeal is resolved. I



s u m m e r 2 0 1 1 7

Auto Window Safety Preemption Victory, Battle Continues



I

n two separate cases, Public Justice is turned when the U.S. Supreme Court claim is preempted by Federal Motor

fighting to make it easier for personal decided Williamson v. Mazda this spring, Vehicles Standard 205, which gives car

injury victims to hold car makers a seminal ruling that rejected federal pre- manufacturers the choice of tempered

accountable when they fail to use the emption in a case involving a different— or laminated glass. To encourage opti-

safest type of window materials in the but similar—auto safety standard. mal safety, however, the government has

side windows of passenger vehicles. Public Justice contends that extolled the benefits of laminated glass;

In Bernal v. Daewoo, an Arizona fed- Williamson removes any doubt that win- but Ford still chose tempered for the F-

eral district court in June rejected a car dow-glazing claims are not preempted by 150.

maker’s argument that federal law pre- federal law, and the Bernal court agreed, The state Supreme Court had ruled

empts tort claims alleging that a car was signaling that the law in this area will in 2010 that federal standards preempted

defective because its side windows were increasingly favor auto-injury victims. Ms. Priester’s state claims, but at Public

made of tempered glass, which shatters In a second case, Public Justice recent- Justice’s urging, the U.S. Supreme Court

on impact, rather than laminated glass, ly filed an opening brief in a products lia- reviewed the decision and, last winter,

which holds together in the event of a bility lawsuit by the mother of James ruled against preemption.

crash, thereby preventing passenger Priester, a South Carolina man who was Senior Attorney Leslie Brueckner and

ejections. killed in 2002 after being ejected from Budd-Kazan Attorney Matthew Wessler

This ruling signals a potentially major the window of a 1997 Ford F-150. have led Public Justice’s efforts on both

shift in the law of auto safety preemp- Ford had chosen not to install lami- cases. Julio Zapato of Phoenix, AZ, is lead

tion. A host of courts have disagreed nated glass, the safest window material, trial counsel in Bernal. Mary Priester’s

about whether window-glazing claims because it was more expensive, but then South Carolina trial counsel are Darrell

are preempted, but the tide may have argued that Mary Priester’s state law tort Johnson, Jr., and James Richardson, Jr. I





c a s e u p Dat e s quate medical care for a diabetic foot Turner v. Association of American

wound that doctors recommended Medical Colleges (CA)

Here are the latest developments in amputating his right leg to save his life. In an amici brief, Public Justice joined a

other Public Justice cases: Trial is scheduled to begin on July 12, coalition of public interest groups urging

2011. Conal Doyle in Beverly Hills, CA, the California Court of Appeal to affirm

civil r

CONSUMER RIGHTS i g h t s is lead counsel; Public Justice’s Adele the trial court’s refusal to grant the pre-

Kimmel and Goldberg Attorney Amy vailing defendant’s request for a $1.6 mil-

Argueta v. U.S. Immigration and Radon are co-counsel. lion attorneys’ fee that would have been

Customs Enforcement (NJ) financially ruinous for the plaintiffs. On

In an amici brief filed in the Third Circuit Browning v. Angelfish Swim School, March 24, the court—as we had urged—

Court of Appeals, Public Justice joined Inc. (FL) affirmed the trial court’s decision reject-

other civil rights groups in arguing that the In this case before Florida’s Third District ing the defendant’s request for attor-

plaintiffs, whose homes were raided by Court of Appeal, Public Justice filed an neys’ fees. The amici brief was written by

ICE, adequately alleged constitutional amici brief opposing the defendant’s pro- Paula Pearlman of the Disability Rights

claims against high-ranking ICE officials. posed rule for determining the adequacy Legal Center and Peter Roan and Jade

On June 14, 2011, the Third Circuit of a class representative, which would Chien of Locke Lord Bissell & Liddell

held that the plaintiffs’ claims against require class plaintiffs to demonstrate their ,

LLP on behalf of Public Justice, the

the high-ranking defendants should ability to finance the entire cost of class lit- Disability Rights Legal Center, the

have been dismissed. Professor Alex igation, rather than merely a pro rata share. Disability Rights Education and Defense

Reinert of the Benjamin N. Cardozo This rule, Public Justice argued, would Fund, Inc., and the Legal Aid Society-

School of Law in NY authored the amici limit class actions to the wealthy, who have Employment Law Center.

brief on behalf of Public Justice, The the least need of them. On April 6, the

Pennsylvania Institutional Law Project, appeals court reversed the trial court’s CONSUMER u m e r r i g h t s

c o n s RIGHTS

and the Prisoners’ Rights Project of the order certifying the class, on the grounds

Legal Aid Society of the City of New York. that the class representative was inade- Betts v. McKenzie (FL)

quate. Public Justice’s brief was authored This is a putative class action alleging that

Banderas v. United States (CA) primarily by Brian W. Warwick and Janet a payday lender violated Florida law by

This is a Federal Tort Claims Act case on R. Varnell in The Villages, FL, with assis- charging usurious rates. In January,

behalf of a former federal immigration tance from Public Justice Brayton-

detainee who received such grossly inade- Thornton Attorney Melanie Hirsch. Continued to opposite page.





8 s u m m e r 2 0 1 1

Continued from opposite page. from this amount. The parties have has asked the Court to dismiss the

cross-appealed and the case is currently appeal, arguing that it is governed by

Florida’s Fourth District Court of Appeal pending in the Ninth Circuit. Public the Supreme Court’s Concepcion deci-

affirmed the trial court’s ruling that the Justice’s Matt Wessler and Leslie sion, and Public Justice is opposing this

defendants’ class action ban and manda- Brueckner are lead counsel; Seattle attor- claim. Public Justice’s Paul Bland, Amy

tory arbitration clause were unenforceable neys Mike Nelson, Paul Stritmatter, and Radon, and Leslie Bailey are lead counsel

under Florida law. The Florida Supreme Mike Withey, and Washington, DC attor- on the appeal. Co-counsel are Scott

Court has accepted the case for review. ney Caitlin Palacios are all co-counsel. Weinstein and Andrew Meyer in Fort

Public Justice’s Paul Bland and Goldberg Myers, FL.

Attorney Amy Radon are taking the lead Coneff v. AT&T (WA)

in briefing the appeal. Co-counsel are This class action lawsuit charges that mil- Felts v. Paycheck Today (NM)

Clay Yates in Fort Pierce, FL.; Ted lions of cell phone users were misled and This is a putative class action challenging

Leopold and Diana Martin in West Palm overcharged when Cingular merged with a payday lender’s practice of violating New

Beach, FL; Chris Casper in Tampa, FL.; AT&T Wireless in 2004. The U.S. District Mexico law by making payday loans with-

and Richard Fisher in Cleveland, TN. Court for the District of Washington ruled out licenses. The payday lender moved to

that this case could proceed and struck compel arbitration pursuant to an arbitra-

Cárdenas v. AmeriCredit Financial down AT&T’s class action ban, holding tion clause that bans class actions. The

Services, Inc. (CA) that the vast majority of AT&T’s cus- trial court denied the motion and the

In this appeal in the Ninth Circuit, an tomers would never obtain justice. Public lender appealed. The New Mexico Court

automobile finance company argues that Justice attorneys Leslie Bailey and Paul of Appeals affirmed the trial court’s deci-

Juan and Florencia Cárdenas can be Bland have taken the lead on the arbitra- sion. The New Mexico Supreme Court

forced to arbitrate their claims for injunc- tion issue. AT&T has appealed to the has granted the lender’s petition for

tive relief, even though two longstanding U.S. Court of Appeals for the Ninth certiorari, and the case will now pro-

decisions of the California Supreme Circuit, and the parties will shortly be ceed in the state’s high court. Public

Court provide that claims for “public briefing whether the appeal is governed Justice’s Paul Bland and Goldberg

injunctions” are not arbitrable. Public by the Supreme Court’s Concepcion Attorney Amy Radon are lead counsel on

Justice argues that the lender waived its decision. Co-counsel are Kevin Coluccio appeal. Co-counsel are Rob Treinen in

argument that the Federal Arbitration Act in Seattle; Harvey Rosenfield of Albuquerque, and Douglas Micko and

preempts these cases and that the FAA California’s Consumer Watchdog; Bruce

Richard Fuller in Minneapolis.

does not mandate the enforcement of Simon and Esther Klisura in San

arbitration agreements that strip plaintiffs Francisco; Paul Stritmatter in Hoquiam,

of their rights under generally applicable WA; and other nationally recognized con- Homa v. American Express (NY)

state law. On May 20, AmeriCredit sumer advocates and law firms. This is a class action by borrowers alleging

moved for summary reversal following that a credit card issuer violated New

the Supreme Court’s decision in Cruz v. Cingular Wireless (FL) Jersey’s consumer protection laws by fail-

Concepcion. Senior Attorney Paul Bland The plaintiffs in this putative class action ing to pay rebates in the manner promised

is lead counsel on the appeal, along with on behalf of Florida consumers allege that in its promotional materials and contract.

Brayton-Thornton Attorney Melanie Cingular, now AT&T Mobility (ATTM), In 2009, the U.S. Court of Appeals for

Hirsch and Andrew J. Ogilvie and Carol violated the state’s Unfair Trade Practices the Third Circuit held that the Federal

M. Brewer in San Francisco. Act when it imposed monthly charges for Arbitration Act does not preempt state

a purportedly “optional” Roadside laws protecting consumers from abusive

CGI v. Rose (WA) Assistance service that the plaintiffs had contract terms. Although the case had

In this ERISA subrogation case, Public never requested or enrolled in. Cingular been proceeding in the trial court for

Justice represents an injured employee moved to compel individual arbitration the last two years, American Express

who has been sued by her employer-fund- pursuant to an arbitration clause that bans has asked the district court to hold that

ed health insurance plan for 100% reim- class actions, and the U.S. District Court the Third Circuit’s decision has been

bursement of the medical expenses the for the Middle District of Florida granted overturned by the U.S. Supreme

Plan advanced in the aftermath of a car the motion. On appeal, Public Justice Court’s decision in Concepcion, and

accident. The Plan claims that it is entitled argues that the question of whether Public Justice is opposing. Public

to all of its money back despite the fact Cingular’s class action ban violates Florida Justice’s Paul Bland and Matt Wessler are

that Ms. Rose only recovered for a fraction law is a controlling, unresolved state-law taking the lead in briefing the issue. Co-

of her damages. The district court held question that should be certified to the counsel are Gary Graifman in Chestnut

that the Plan could obtain 100% reim- Supreme Court of Florida and that, if the Ridge, NY, and Howard Longman in

bursement against Ms. Rose, but that it Court does not certify the question, it New York City and Los Angeles.

could not prevent Ms. Rose’s attorney should strike ATTM’s class action ban as

from first deducting the costs of collection unenforceable under Florida law. ATTM Cases Updates, continued on page 10.





s u m m e r 2 0 1 1 9

Case Updates, Continued from page 9. Richard Fisher of Cleveland, TN. cable internet provider breached its con-

Jenkins v. Haverford at Potomac (MD) tract and violated state consumer protec-

In this mandatory arbitration case, Public Muhammad v. County Bank (NJ) tion laws, are appealing the trial court

Justice represents homeowners whose This class action against a payday lender order enforcing Insight’s class action ban

newly constructed home was infested with and a bank is currently being arbitrated. and granting the corporation’s motion to

mold that made the homeowners sick and The defendants are asking the arbitra- compel individual arbitration. The

that the builder failed adequately to reme- tor to decertify the class, on the ground Kentucky Supreme Court ruled in Public

diate. The builder appealed after the trial that the arbitrators’ certification of a Justice’s favor in December 2010, but

court denied its motion to compel arbitra- case is now rendered illegal by the Insight has moved for reconsideration

tion and, in 2010, the Maryland Court of Supreme Court’s Concepcion decision. in light of the Supreme Court’s

Special Appeals granted our motion to dis- In 2006, the New Jersey Supreme Court Concepcion decision. Public Justice’s Paul

miss the builder’s appeal on the ground had struck down the defendants’ class Bland argued the case for plaintiffs. Public

that a trial court order denying a motion to action ban as unconscionable and unen- Justice’s brief was drafted by Public Justice’s

compel arbitration is not immediately forceable under New Jersey law. Mike Brayton-Thornton Attorney Melanie

appealable. The case has now settled. Quirk, formerly a staff attorney at Public Hirsch, Staff Attorney Leslie Bailey, Bland,

Public Justice’s Claire Prestel and Paul Justice and now with Williams, Cuker & and co-counsel Phillip Grossman and

Bland briefed the case; Prestel argued it. Berezofsky, argued the case in the New Jennifer Moore in Louisville.

Co-counsel is Jane Santoni in Towson, Jersey Supreme Court. Quirk and Mark

MD. Cuker of Williams, Cuker & Berezofsky Wallace v. Ganley (OH)

are lead counsel in the case. Public Justice’s This is a putative class action filed on

Khan v. Dell, Inc. (NJ) Paul Bland was co-counsel. behalf of car buyers who, in violation of a

Appeal in the U.S. Court of Appeals for clear Ohio regulation, were sold cars that

the Third Circuit challenging an arbitra- Pendergast v. Sprint Nextel Corp. (FL) had previously been used as rentals with-

tion clause as unenforceable because it In this appeal, the U.S. Court of Appeals out ever being told of the cars’ rental his-

requires arbitration before the National for the Eleventh Circuit certified to the tory. The trial court granted the defendant

Arbitration Forum. Public Justice Senior Florida Supreme Court four crucial ques- auto dealer’s motion to compel arbitra-

Attorney Paul Bland argued the case on tions about the enforceability of class tion, and Public Justice represented the

April 29, 2011. Bland and Brayton- action bans: whether Florida courts must plaintiffs on appeal. On June 16, the

Thornton Attorney Melanie Hirsch are evaluate both procedural and substantive Ohio Court of Appeals affirmed the

providing strategic assistance on appeal. unconscionability at the same time or trial court’s ruling enforcing the defen-

Co-counsel are Elizabeth Berney, Eduard whether the courts may consider them dant’s arbitration clause and class

Korsinsky, Scott Holleman, and Shannon independently; whether the class action action ban. Public Justice’s Paul Bland

Hopkins in New York. waiver provision in Sprint’s contract is and Claire Prestel were lead counsel on the

procedurally unconscionable under state arbitration issue. Ronald Frederick in

Kucan v. Advance America; McQuillan law; whether the provision is substantive- Cleveland was co-counsel.

v. Check ‘N Go; Hager v. Check Into ly unconscionable under Florida law; and

Cash (NC) whether the provision is void under state TOXICt o x i c t o r t s

TORTS

These are class actions against payday law for any other reason. The Florida

lenders who are operating without a Supreme Court heard oral argument in Williams v. McDonnell Douglas (WA)

proper license in North Carolina and are February from lead appellate counsel In this case, Public Justice is representing a

charging exorbitant interest. The trial Doug Eaton of Eaton Wolk in Miami and flight attendant who suffered serious

court has finally approved a settlement of Public Justice Senior Attorney Paul Bland. harms as a result of inhaling toxic byprod-

$18.75 million in Kucan, $14 million in Sprint has subsequently moved for the ucts of engine oil and hydraulic fluid. The

McQuillan, and $12 million in Hager. Eleventh Circuit to rescind the order cer- case alleges that the aircraft’s ventilation

The settlements are currently being tifying the case to the Florida Supreme system is defectively designed under

administered, and tens of millions of Court, arguing that the Supreme Court’s Washington law because it allows these

dollars have been paid out to the class decision in the Concepcion case renders toxic fumes to enter the cabin air supply;

members. Counsel in the case are Public Florida law irrelevant, and Public Justice the defendant is arguing that the claim is

Justice’s Paul Bland and Leslie Bailey; has opposed that motion. Kazan-Budd preempted by the federal law. On June 27,

Jerry Hartzell of Hartzell & Whiteman; Fellow Matt Wessler is co-counsel. Brayton-Thornton Attorney Melanie

Mona Wallace and John Hughes of Hirsch argued in opposition to the

Wallace and Graham; Mal Maynard of Schnuerle v. Insight Communications defendant’s preemption motion. Co-

the Financial Protection Law Center, all Company (KY) counsel are Alisa Brodkowitz of Seattle,

in North Carolina; Carlene McNulty of The plaintiffs in this putative class action, Mike Withey of Seattle, and Public Justice

the North Carolina Justice Center; and Kentucky consumers who allege that a Senior Attorney Leslie Brueckner.



1 0 s u m m e r 2 0 1 1

Finalists Named for 2011 Trial Lawyer of the Year Award



S

ix teams of lawyers have been Eagan, MN, fought for the release of finally settling for $50 million and

named finalists for the 2011 Koua Fong Lee, an immigrant who injunctive relief.

Public Justice Trial Lawyer of the was wrongfully imprisoned for a fatal In Keepseagle v. Vilsack, a team of

Year Award, to be announced at the car accident caused by his Toyota Washington, DC, lawyers – Joseph

annual Gala and Awards Dinner on Camry’s unintended acceleration. Sellers, Christine Webber, and Peter

July 12 in New York City. In Lavender v. Skilled Healthcare Romer-Friedman, of Cohen Milstein

In alphabetical order by lead coun- Group, Timothy Needham, of Sellers & Toll PLCC, David Frantz, of

sel’s last name, the finalists are below. Janssen, Malloy, Needham, Morrison, Colon, Frantz & Phelan, LLP, Paul

In Klein v. O’Neal, Inc., Art Reinholtsen, Crowley & Griego, LLP, Smith, Katherine Fallow, Michael

Brender, of the Law Offices of Art in Eureka, CA, Michael Thamer, of Brody, Jessica Amunson, and Carrie

Brender, in Fort Worth, TX, Dwain the Law Offices of Michael D. Apfel, of Jenner & Block LLP, Anurag

Dent and Fred Streck, of the Dent Thamer, in Callahan, CA, Varma, of Patton Boggs LLP, and

Law Firm, also in Fort Worth, and Christopher J. Healey, of Luce, Phillip Fraas, of Stinson Morrison

David Nix, of the Nix Law Firm, in Forward, Hamilton & Scripps, LLP, in Hecker LLP, as well as Sarah Vogel, of

Wichita Falls, TX, won $110 million San Diego, CA, and Michael Sarah Vogel Law Partners in Bismarck,

for the surviving recipients of a drug Crowley, Patrick Griego, and Amelia ND—filed a lawsuit on behalf of

called E-Ferol, which was supposed to Burroughs, of Janssen, Malloy, Native American farmers who were

prevent vision impairment in prema- Needham, Morrison, Reinholtsen, discriminated against by the USDA,

ture infants but ultimately killed or Crowley & Griego LLP, argued that ultimately achieving a $760-million

injured hundreds of babies. Skilled Healthcare Group’s nursing settlement for thousands of farmers

In United States ex rel. Eckard v. homes in California had failed to pro- around the country. I

GlaxoSmithKline, Neil Getnick, Leslie vide adequate staffing for residents,

Ann Skillen, Margaret Finerty, and

Richard Dircks, of Getnick &

Getnick LLP, in New York, NY,

Michael Getnick, of Getnick,

Livingston Atkinson Gigliotti &

Priore, LLP, in Utica, NY, and Scott

Georgia Law Student Wins 2011

Tucker, of Tucker, Heifetz & Saltzman, Hogan/Smoger Essay Contest

LLP, in Boston, MA, argued on behalf

of a whistleblower that GSK sold con-



W

illiam R. Gignilliat, a sec-

taminated drugs to Medicare and ond-year student from the

Medicaid, securing $750 million for University of Georgia

the government. School of Law, has been named win-

In Kaiser Foundation Health Plan v. ner of the 2011 Hogan/Smoger

Pfizer, Thomas Greene, of Greene Access to Justice Essay Contest. His

LLP, in Boston, MA, Tom Sobol of winning essay is titled, “The Gulf Oil

Hagens, Berman, Sobol, Shapiro LLP, Spill: OPA, State Law, and Maritime

in Cambridge, MA, Don Barrett of Preemption.”

the Barrett Law Office P.A., in For his achievement, Gignilliat will

Lexington, MS, Linda Nussbaum of receive a $5,000 cash prize; recogni-

Grant of Eisenhofer P.A., in New York, tion in the Public Justice newsletter

NY, Ilyas Rona of Greene LLP, and and on the website; publication of the competition. With additional support

Kristen Johnson Parker of Hagens, essay in the Vermont Law School’s from former Public Justice Foundation

Berman, Sobol, Shapiro LLP, won online Journal of Environmental Law; President Gerson Smoger, the con-

$142 million for Pfizer’s fraudulent and a free Public Justice Foundation test is now known as the

marketing of an epilepsy drug. membership for one year. Hogan/Smoger Access to Justice

In Lee v. State of Minnesota, Robert After almost 40 years, the Roscoe Essay Contest. The original contest

Hilliard, of Hilliard Muñoz Gonzales Hogan Environmental Law Essay was established in 1970 by the late

LLP, in Corpus Christi, TX, and Brent Contest was renamed and its scope Roscoe B. Hogan of Birmingham, AL,

Schafer, of the Schafer Law Firm, in broadened, beginning with the 2011 a prominent environmental lawyer. I







s u m m e r 2 0 1 1 1 1

Spring Phonathon Teams Score Home Runs in Chicago



P

ublic Justice Foundation team could recruit the most Michael Armitage Stan Marks

leaders and supporters con- Foundation members and money Al Brayton David Marshall

verged on Chicago in early by dialing for dollars throughout Arthur Bryant Vince Moccio

for the annual

May for the annual Super the day. Joan Claybrook Brad Moore

Thursday Phonathon raising

Thursday Phonathon raising more While all callers made a signifi- Eric Cramer Chris Nace

than $300,000 in new

more than $300,000 in new and cant contribution by raising funds Harry Deitzler Stuart Ollanik

upgraded memberships and spe- to support Public Justice’s prece- Tom Dempsey Tony Romanucci

cial gifts at the day-long event. dent-setting work, the National Jeff Eisenberg Fred Schwartz

Honoring the city’s favorite pas- League emerged victorious, after

Ingrid Evans Tara Sutton

time, participants were divided raising the most money.

raising the most money. Past

into two teams named after the Foundation President Al Brayton Troy Giatras Richard Webster

two professional baseball leagues. took home the Silver Phone Jeff Goldberg

The National League Team, Award for recruiting the most new Gary Gold-Moritz Participated

captained by Rob Sachs, Chris and lapsed members during the William E. Remotely:

Nace and Ingrid Evans, took on Phonathon. Hopkins, Jr. Vicky Ni

the American League Team, cap- The Public Justice Foundation Jack Landskroner Rob Sachs

tained by Anne Kearse, Paul Miller thanks all of the following Super Ted Leopold Rhon Jones

and Janet Varnell, to see which Thursday Phonathon participants: Christina Mancuso Steve Fineman









New and Upgraded Memberships Boost Foundation



T

he following Public Justice Foundation members joined Jordan Elias John A. Yanchunis – Andy Friedman

Cory S. Fein Kil Huh & Jenny R. Yang – Vicky Ni

us or upgraded their annual membership dues between Vicki L. Gilliam

February 16 and June 13. Members who recruited new Elliott A. Glicksman – Stan Marks Associate Member ($120)

John Gsanger – Stuart Ollanik Lisa Watts Baskin – Jeff Eisenberg

members or upgrades are listed in italics. We are grateful for Thomas L. Hamlin – Vince Moccio Sarah Bendon – Al Brayton

their support and extend a heartfelt thanks to them all. Genie Harrison Justin Berger – Vicky Ni

David E. Haynes – Christopher Nace Nelson Boyle – Jim Leventhal

Brian D. Holmberg (Upgrade) – Al Brayton Gilbert Bradshaw – Darrin Zabriskie

Patron ($12,000) Kathryn R. Bayless (Upgrade) Charley Gee (Upgrade)

Leonard A. Bennett (Upgrade) – Janet Varnell Michael W. Bien (Upgrade) Richard Honaker – Jeff Eisenberg

Joy Howell – Joan Claybrook Michael D. Levinson – Al Brayton

Wolf Haldenstein Adler Freeman & Michael Bogdanow Christopher R. Light – Al Brayton

Herz, LLP – Roger Mandel Arthur J. Brender (Upgrade) Franklin Julian – Fred Schultz

Daniel M. Kopfman Phyra McCandless – Al Brayton

Dwain Dent (Upgrade) Briana McCarthy – Al Brayton

Benefactor ($6,000) Neil V. Getnick (Upgrade) Scott G. Leonard

Early, Lucarelli, Sweeney & Strauss, LLC Armand Leone Kimberly Meyer – Al Brayton

Richard S. Gordon (Upgrade) Michael Miller – Al Brayton

(Upgrade) Laurel Halbany (Upgrade) – Michael Armitage Gerald Marcus Emma Nelson-Munson – Al Brayton

Gwilliam, Ivary, Chiosso, Cavalli & Brewer William E. Hopkins – Rhon Jones David Markun – Jeff Fazio

(Upgrade) Scott Marshall – Stuart Ollanik Negar Pirzadeh – Al Brayton

Carl E. Hostler – Troy Giatras Franta Siechao – Al Brayton

Janet, Jenner & Suggs, LLC (Upgrade) Arnold Levin (Upgrade) Wallace B. McCall – Ted Leopold

Mary Alexander & Associates, PC Scott A. McGee (Upgrade) Mona Tashroudian – Al Brayton

Christina E. Mancuso (Upgrade)

Pitt, McGehee, Palmer, Rivers & Golden, – Christina Mancuso Heather M. McKeon

Melissa Meeker Harnett Public Interest Lawyer ($60)

PC (Upgrade) Virginia Adams Marentette (Upgrade) Arthur Bryant

Stritmatter Kessler Whelan Coluccio Gary E. Mason (Upgrade) Larry G. Moore – Jeff Eisenberg

Simon Morrison Benjamin G. Kelsen

(Upgrade) – Brad Moore David A. Rosen (Upgrade) – Al Brayton Victoria Ni

The Jacob D. Fuchsberg Law Firm, LLP San Francisco Trial Lawyers Association Edwin H. Pancake – Harry Deitzler

Bryan A. Pfleeger – Michael Hingle Amy Radon

(Upgrade) (Upgrade)

Whatley Drake & Kallas, LLC (Upgrade) Justin Swartz (Upgrade) Alfred Ricciardi – Stan Marks Consumer ($60)

Adam G. Taub (Upgrade) Linda Fermoyle Rice Michelle Freudenberger – Esther Berezofsky

Sustaining Member ($1,200) Jeanmarie Whalen (Upgrade) – Rob Sachs Stewart E. Richlin Robin Giangrande

Patrick M. Ardis (Upgrade) John D. Winer (Upgrade) Stephen Roche Harvey and Gail Gold – Gary Gold-Moritz

Howard C. Coker (Upgrade) – Wayne Hogan Kirk Jerome Wolden Peter Rukin Michael Gold – Gary Gold-Moritz

John T. Donovan – Rob Sachs Ben Salango – Troy Giatras Jennifer Gotti – Al Brayton

J. Kent Emison (Upgrade) – Stuart Ollanik Member ($300) Ravi K. Sangisetty – Christina Mancuso Lori Longo-Mianulli – Injury Board

Robert Langdon (Upgrade) – Stuart Ollanik Andrew A. Agard – Wayne Parsons Robert L. Seegers – Christina Mancuso Risa H. Lower

Timothy W. Monsees (Upgrade) Robert Barrow – Al Brayton Amy Semmel John Scranton

Wayne D. Parsons (Upgrade) – Maggie Barr Robert Bennett – Vince Moccio Franklin Solomon Leslie B. Tate – Christina Mancuso

Robert L. Pottroff (Upgrade) Philip C. Bourdette Rod Squires

Edward Zebersky – Harry Deitzler Daria D. Carlson – Fred Schwartz Kevin Sturtevant Student ($25)

Christopher Casper – Ted Leopold Bruce E. Thompson Stephen Hylton

Supporting Member ($600) Christopher Coffin – Andrew Lemmon Jason Tucker – Rob Sachs David Kurtz – Brad Moore

Jason Adkins Vincent DeSimone Courtney A. Van Winkle Cory Morris – Adele Kimmel

Brent Barton (Upgrade) Michelle Douek – Gary Gold-Moritz Jarom A. Whitehead – Jeff Eisenberg John Nicodemo – Adele Kimmel





1 2 s u m m e r 2 0 1 1

Cy Pres Awards to Public Justice Foundation Support KeyWork



L

ast year was a banner year in cy pres Hendrick Automotive Group, Inc. Grubb of The Grubb Law Group, we

awards to the Public Justice For a cy pres of $330,000 in Bachow were awarded a $10,000 cy pres in

Foundation, and 2011 is on the v. Swank Energy Income Advisors, we Spartan Class.

fast track toward another fruitful year. thank Mark C. Rifkin and Board mem- Our heart-felt thanks go to all these

By June 15, the Foundation had ber Roger Mandel. Rifkin is with attorneys. If you would like to find out

received $852,053 in cy pres awards. Wolf Haldenstein Adler Freeman & more, please visit www.publicjustice.net

By furthering the public interest Herz, LLP and Mandel is with Lackey and click on the button that reads

work of Public Justice, these cy pres dis- Hersham, LLP. “Cy Pres Awards,” located on the right

tributions will support the Foundation’s John W. Barrett and Board member side of the page. If you are interested in

critical work in keeping the courthouse Ben Bailey, both of Bailey & Glasser, designating the Public Justice

doors open to all. were responsible for the Public Justice Foundation as a cy pres award recipient,

Thanks to Board member Mona Foundation receiving $12,000 of a cy please contact Development Director

Lisa Wallace of Wallace & Graham, the pres fund in Shonk Land Company v. Kevin Sturtevant at (202) 797-8600 or

Public Justice Foundation received a cy SG Sales Company, Inc. via e-mail at ksturtevant@publicjus-

pres award of $499,935 in Mills v. Most recently, thanks to David L. tice.net. I









Mona Lisa Wallace Mark C. Rifkin Roger Mandel John W. Barrett Ben Bailey David L. Grubb









Special Gifts Help Fill Critical Needs Make a Planned

in Key Practice Areas, Fellowship Gift to the

Program and Foundation Projects Public Justice

Foundation

P

ublic Justice and the Public Justice Foundation thank generous sup-

porters below, who made special gift contributions since last



A

bequest is the simplest and

October and on or before June 13. Their willingness to support our most common form of

various projects makes a huge difference in our work. planned giving. It’s easy to

include the Public Justice

$10,000 Other

Edith M. Kallas (CAPP) MediVisuals, Inc. (AJC) Foundation in your will. No matter

David Paris (AJC) the amount, you can trust that your

$5,000 Joseph Shlaferman and Judith Zins (AJC) legacy will generate future

Alfred M. Rotondaro (AJC) Carl E. Hostler (AJC) income—sustaining the work of the

Michael L. Armitage (AJC) Public Justice Foundation and con-

$2,500 Owen Solomon (AJC)

Kenneth Klapacz (AJC) Gary E. Cantor (CAPP) tinuing the fight for justice for all

Jeffrey Krinsk (CAPP) Cathy Lesser Mansfield (AJC) generations. Other planned giving

Vince J. Moccio (AJC) Mark Baller (AJC) alternatives are also available. For

John N. Ukegbu (CAPP) more information, contact Kevin

$1,000 Sturtevant at (202) 797-8600 or

David J. Marshall (AJC) Key:

Thomas M. Sobol (AJC) AJC = Access to Justice Campaign ksturtevant@publicjustice.net. I

Tara D. Sutton (AJC) CAPP = Class Action Preservation Project



s u m m e r 2 0 1 1 1 3

State Coordinators Facilitate Involvement, Outreach



M

ost states have a Public Justice Indiana Oklahoma

Foundation State Coordinator Matthew J. Schad - (812)945-4555 James E. Frasier - (918)584-4724

who serves as a liaison to the mschad@schadlaw.com frasier@tulsa.com

national board and staff. State Coordi- Iowa Ontario

nators help us develop and seek out poten- John Riccolo - (319)365-9200 Paul S. Miller - (416)360-1194

tial cases, recruit and involve Foundation jriccolo@riccololaw.com pmiller@willbarristers.com

members, and educate the public interest Kansas Oregon

community about our work. John M. Parisi - (816) 474-0004 Mark E. Griffin - (503)224-2348

jparisi@sjblaw.com Mark@markgriffin.com

Alabama Kentucky Rhode Island

R. Edwin Lamberth - (251)471-6191 Martha Marie Eastman - (502)456-1331

Fidelma Fitzpatrick - (401)457-7728

rel@cunninghambounds.com eastman@eastmanlawoffice.com

ffitzpatrick@motleyrice.com

Arizona Louisiana

South Carolina

Stanley J. Marks - (602)254-6071 Stephen J. Herman - (504)581-4892

Anne McGinness Kearse - (843)216-9140

sjmarkslaw@aol.com sherman@hhkc.com

Andrew A. Lemmon - (985) 783-6789 akearse@motleyrice.com

Arkansas Tennessee

andrew@lemmonlawfirm.com

Hank Bates - (501)312-8500 Lisa June Cox - (731)664-9550

Maine

hbates@carneywilliams.com lisacox@tennesseeinjurylaw.com

John E. Sedgewick - (207)784-3576

California Jsedgewick@bermansimmons.com Mary A. Parker - (615)244-2445

Jennie Lee Anderson - (415)986-1400 mparkerlaw@aol.com

Massachusetts

jennie@andrusanderson.com Texas

James Swartz - (617)742-1900

Colorado jswartz@swartzlaw.com Christina E. Mancuso - (214)435-1950

Paul Komyatte - (303)431-1111 christinamancuso@sbcglobal.net

Michigan

pkomyatte@auto-law.com Ronald Rodriguez - (956)796-1000

Michael Pitt - (248)398-9800

Connecticut mpitt@pittlawpc.com ronlaw@bizlaredo.rr.com

Ernest F. Teitell - (203)428-4171 Utah

Minnesota

eteitell@sgtlaw.com Jeffrey D. Eisenberg - (801)366-9100

Tara D. Sutton - (612)349-8577

Delaware tdsutton@rkmc.com jeisenberg@braytonlaw.com

Joseph Weik - (302)655-4040 Mississippi Vermont

Jweik@attys4u.com Rebecca McRae Langston - (601)969-1356 Jerome F. O’Neill - (802)865-4700

District of Columbia rebecca@langstonlawyers.com joneill@vtrialaw.com

Christopher T. Nace - (202)463-1999 Missouri Virgin Islands

ctnace@paulsonandnace.com John E. Campbell - (314)241-2929 Lee J. Rohn - (340)778-8855

Florida jcampbell@simonlawpc.com Lee@rohnlaw.com

James L. Ferraro - (305)375-0111 Montana Virginia

jlf@ferrarolaw.com William A. Rossbach - (406)543-5156 Bernard J. DiMuro - (703)684-4333

Brian Warwick - (352)753-8600 Bill@rossbachlaw.com

bwwarwick@aol.com bdimuro@dimuro.com

Nevada Washington

Georgia Bill O. Bradley, Jr. - (775)335-9999

Albert M. Pearson III - (404)261-0016 Brad Moore - (206)448-1777

billobradleyjr@yahoo.com

Apearson@mkpglaw.com brad@stritmatter.com

New Jersey

Hawaii Jeffrey L. Needle - (206)447-1560

Esther Berezofsky - (856)667-0500

Teresa Tico - (808)826-4200 Jneedlel@wolfenet.com

eberezofsky@wcblegal.com

tico@aloha.net West Virginia

New York

Idaho Joseph P. Awad - (516)832-7777 Troy Giatras - (304)343-2900

Jarom A. Whitehead - (208)734-2552 jawad@ask4sam.net troy@thewvlawfirm.com

jwhitehead@pedersen-law.com North Carolina Wisconsin

Illinois Mona Lisa Wallace - (704)633-5244 John C. Peterson - (920)831-0300

Dave Cates - (618)277-3644 mwallace@wallacegraham.com jpeterson@pbclaw.com

dcates@cateslaw.com Ohio Wyoming

Antonio M. Romanucci - (312)253-8600 Jack Landskroner - (216)522-9000 Richard Honaker - (307)362-5800

amr@rblaw.net jack@landskronerlaw.com rhonaker@honakerlaw.com



1 4 s u m m e r 2 0 1 1

Staff Updates

s u m m e r 2 0 1 1





K

evin Sturtevant joined the both non-profit organizations and for-

Public Justice is published three times per

Public Justice Foundation as profit companies in the Washington, year by the Public Justice Foundation. Articles may

Development Director at the D.C. area. be reprinted without charge or special

permission, but please credit the Public Justice

end of March. Kevin is an experi- Legal Assistant Yvonne Stewart Foundation and send us a copy.

enced manager and strategist in the joined the Public Justice staff on National Headquarters

1825 K Street, NW, Suite 200

development Washington, DC 20006

arena. Prior to Phone: (202) 797-8600

Fax: (202) 232-7203

coming to West Coast Office

Public Justice, 555 Twelfth Street, Suite 1620

Oakland, CA 94607-3693

he was Vice Phone: (510) 622-8150

President of Fax: (510) 622-8155

E-mail: publicjustice@publicjustice.net

Development Web Site: www.publicjustice.net

at the World

Food Program Public Justice Foundation Board of Directors

2010-2011

USA. Before Harry G. Deitzler, President

that, Kevin was Steven E. Fineman, President-Elect

Kevin Sturtevant Norma Sapp Yvonne Stewart Jack Landskroner, Vice President

Senior Vice Theodore J. Leopold, Treasurer

Esther E. Berezofsky, Secretary

President at Ketchum, Inc., one of March 1, bringing more than 25 Alan R. Brayton, Executive Committee Member

the country’s top development con- years of legal experience to bear upon Jeffrey M. Goldberg, Executive Committee Member

Wayne Hogan, Executive Committee Member

sulting firms. the law firm’s docket. Previously, Anne McGinness Kearse, Executive Committee

Filling a new position at Public Yvonne worked for Williams & Member

Robert L. Sachs, Jr., Executive Committee Member

Justice, Norma Sapp began work as Connolly, the United Mine Works Mona Lisa Wallace, Immediate Past President

Office Manager in the DC headquar- Health & Retirement Funds, and as a

Mary Alexander Ernest F. Teitell

ters. Norma has spent much of her legal secretary at the recently dis- Benjamin L. Bailey Michael P. Thornton

career managing office operations for solved Howrey, LLP. I Raymond P. Boucher

Russell W. Budd

Stephen M. Tillery

Janet R. Varnell

Joan B. Claybrook C. Andrew Waters

Linda M. Correia Mikal C. Watts

Eric L. Cramer Perry Weitz

Conal Doyle Steven N. Williams

Lewis S. "Mike" Eidson

Jeffrey D. Eisenberg Honorary Board

Jack H. Olender

Public Justice/Public Justice Foundation Staff Ingrid M. Evans

Andrew S. Friedman Leonard W. Schroeter

Arthur H. Bryant, Executive Director Stephen J. Herman Former Presidents

James F. Humphreys The TLPJ Foundation*

Neville L. Johnson Frederick M. Baron

National Headquarters Staff/ Susan Gombert, CMP, Meetings & Events Rhon E. Jones Alan R. Brayton**

Rosalind Fuchsberg Robert E. Cartwright, Sr.

Public Justice Manager Kaufman Joseph W. Cotchett

Adele Kimmel, Managing Attorney Cassandra Goings, Outreach Coordinator Taras Kick Anthony W. Cunningham

Andrew A. Lemmon Thomas M. Dempsey

Paul Bland, Senior Attorney Maggie Barr, Membership Coordinator Christina E. Mancuso Jeffrey P. Foote

Claire Prestel, Staff Attorney Avi Kramer, Communications Coordinator Roger L. Mandel Jeffrey M. Goldberg

Virginia Adams J. Gary Gwilliam

Tonia Allison, Development Processing Marentette

Jim Hecker, Environmental Enforcement J.D.Lee

Assistant Stanley J. Marks Salvador A. Liccardo

Director David J. Marshall

Margo Sanabria, Clerk Mary A. Parker

Richard Webster, Power-Cotchett Attorney Paul Miller Eugene I. Pavalon

Brad J. Moore Peter Perlman

Melanie Hirsch, Brayton-Thornton Attorney West Coast Office Staff Christopher T. Nace Joseph A. Power, Jr.

Matt Wessler, Budd-Kazan Attorney Stuart A. Ollanik Leonard M. Ring

Arthur H. Bryant, Executive Director Michael L. Pitt Dean A. Robb

Norma Sapp, Office Manager Leslie Brueckner, Senior Attorney Lee J. Rohn Sandra H. Robinson**

Antonio M. Romanucci Susan Vogel Saladoff

Paula Athey, Legal Assistant Victoria Ni, Senior Attorney William A. Rossbach Nicole Schultheis

Yvonne Stewart, Legal Assistant Leslie Bailey, Staff Attorney Frederick S. Schwartz George W. Shadoan

Christopher A. Seeger Gerson H. Smoger,

Lynette Hutton, Receptionist Amy Radon, Goldberg Attorney Donald H. Slavik Ph.D.**

Shoshana Finacom, Office Bernard W. Smalley, Sr. William E. Snead

Manager/Executive Assistant Stephen M. Smith Paul L. Stritmatter

The Public Justice Foundation Todd A. Smith Daniel F. Sullivan

Mary Kidwell, Legal Assistant Kenneth A. Suggs William A. Trine

Gary Gold-Moritz, Chief Operating Officer Scott Summy Mona Lisa Wallace**

Deborah Mathis, Communications Director Tara D. Sutton Ted M. Warshafsky

Public Justice is edited by Deborah Mathis James F. Szaller Michael E. Withey

Kevin Sturtevant, Development Director and designed by Barbara Raab Sgouros.

*All former presidents are ex officio members

of the Public Justice Foundation Board

**The Public Justice Foundation



s u m m e r 2 0 1 1 1 5

Public Justice Foundation Non Profit Org.

1825 K Street, NW U.S. Postage

SUPPORT PUBLIC JUSTICE Suite 200 PAID

Washington, DC 20006 Washington, DC

Phone: (202) 797-8600 Permit No. 4109

Fax: (202) 232-7203



2011 Access to Justice Campaign

Address Service Requested



Yes, I want to support the 2011 Access to Justice

Campaign and help expose, fight and defeat the frontal

assault on the people’s right to a day in court.



I am making a 100% tax-deductible Special Gift of:



K $5,000 K $10,000 K $15,000 K $20,000

K $25,000 K $50,000 K Other $

JOIN • RENEW MEMBERSHIP

Please allocate my Special Gift as follows:



K All Access to Justice Start or Renew My Membership with the

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K Class Action Enroll or renew my 100% tax-deductible membership at

Preservation Project $ the following level:

K Federal Preemption Project $ K Student: $25 (Year of Graduation: )

K Consumer (non-lawyer): $5/mo. or $60/yr.

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government lawyer.

K Member: $25/mo. or $300/yr.

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For my Special Gift K Advocate: $250/mo. or $3,000/yr.

K Visa K MasterCard K American Express K *Benefactor: $500/mo. or $6,000/yr.

Account # K *Patron: $1,000/mo. or $12,000/yr.

K *Champion: $2,000/mo. or $24,000/yr.

Exp. Date Security Code K *Guardian: $2,500/mo. or $30,000/yr.

Signature K *Visionary: $5,000/mo. or $60,000/yr.

*Individuals may join at all levels. Firms and organizations may join at these

levels and also receive 3-30 individual memberships, depending on level.

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Mail or Fax this form to: Public Justice Foundation • 1825 K Street NW • Suite 200 • Washington, DC 20006

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1 6 s u m m e r 2 0 1 1