On October 31, Deborah Fox, Chair of Meyers Nave’s statewide First Amendment and Trial & Litigation Practice Groups, will be a final round judge for the Tournament of Champions law school trial competition at UCLA School of Law. Sponsored by the National Board of Trial Advocacy and NITA, and limited to the top 16 trial advocacy schools in the country, this is among the most prestigious law school trial competitions in the country
Category: Announcements
Meyers Nave Represents the Tongva Community in Historic Reclaiming of Ancestral Land in Los Angeles Area After 200 Years
Meyers Nave represented the Tongva Taraxat Paxaavxa Conservancy in one of the first private land returns to Native Americans in the Los Angeles area. This historic event was widely reported by several Los Angeles media outlets and marks the first time in the nearly 200 years since the California mission system ended that land has been returned to the Tongva people.
Reclaiming ancestral land is rare for any Native American nation, tribe, or band. It is particularly complicated for the Tongva, who lack federal tribal status. Because the tribe was not equipped to process the bequest, Meyers Nave stepped in to provide legal support and advice to the Conservancy which resulted in the successful donation of the property, located in Altadena.
As noted in last week’s Los Angeles Times, “Tongva leaders said they hope the land can provide paths for the community to reconnect with its culture and promote healing from the centuries of trauma.”
Meyers Nave is proud to represent the Conservancy and to have helped secure this landmark victory for the Tongva people.
Meyers Nave Obtains Dismissal of Two High-Stakes Federal Lawsuits Against the City of Los Altos Under the Telecommunications Act
Meyers Nave successfully obtained the dismissal of two high-stakes federal lawsuits brought by AT&T and Verizon, respectively, asserting claims against the City of Los Altos under the Telecommunications Act.
The carriers filed suit in the U.S. District Court for the Northern District of California (Judge Davila) after their combined 13 small cell wireless facility applications were denied by Los Altos for allegedly failing to comply with the City’s 2019 wireless ordinance. The carriers each filed motions for summary judgment, contending that the City’s denials of their small cell sites were not supported by substantial evidence, and that the denials violated the Telecommunications Act for effectively prohibiting the provision of wireless services in Los Altos.
While the motions for summary judgment were pending, Meyers Nave led a team of land use and telecommunications experts to devise a state-of-the-art wireless ordinance for Los Altos that achieved the City’s land use policy objectives while avoiding provisions that were at a greater risk of being successfully challenged under the Telecommunications Act.
In addition to drafting the ordinance, the Meyers Nave team shepherded the ordinance through the complex CEQA process and approval by the Planning Commission and City Council after a series of public hearings. The process required for the development and adoption of a new wireless ordinance – while the prior wireless ordinance was the subject of federal litigation – was highly nuanced and strategic, requiring careful guidance of the City in the face of scrutiny from the carriers and the public alike.
Following the successful adoption of the new ordinance, the Meyers Nave team moved the Court to dismiss the carriers’ pending cases on mootness grounds. Although hotly contested by the carriers, Judge Davila sided with the City and dismissed both cases on the precise grounds articulated in the briefing.
Deborah Fox, who led the Meyers Nave team on this matter, said: “The rights of localities to regulate wireless facilities under the Telecommunications Act is a rapidly evolving area of the law where the advocacy of legal counsel plays an especially critical role in shaping the developing jurisprudence in this area. That, combined with simultaneously litigating an existing wireless ordinance while developing a new wireless ordinance, made this case particularly intellectually and strategically complex. We were happy to both defeat the two federal cases while at the same time assisting Los Altos with the adoption of a new state-of-the-art wireless ordinance.”
The Meyers Nave team included Deborah Fox, David Mehretu and Kristof Szoke. Learn more about our Trial and Litigation capabilities.
Meyers Nave Named to the Los Angeles Business Journal’s 2022 Most Admired Law Firms List
Meyers Nave is proud to once again be named among the 2022 Most Admired Law Firms by the Los Angeles Business Journal.
The publication noted that the firms selected are “consciously working towards creating positive and supportive environments to help drive the success of their attorneys.”
The publication noted that Meyer Nave has “tallied numerous wins in pro bono and land use matters with a strong public interest, including the new Los Angeles Clippers stadium and the site for the City of Anaheim’s “Big A 2050” mixed-use plaza for the Los Angeles Angels.”
Meyers Nave aims to distinguish itself by the meaningful work it does for its clients, the difference it makes in its communities and the leadership roles its attorneys hold in the legal profession. The firm is also committed to improving inclusion and engagement throughout its offices, in the legal profession and California’s communities.
Catherine Carlisle Named One to Watch in the Commercial Litigation Category by Best Lawyers
Of counsel Catherine Carlisle was recently named a lawyer to watch by Best Lawyers in the Commercial Litigation category.
The Best Lawyers’ Ones to Watch recognitions given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in America. Learn more about Cathy and her background.
Meyers Nave’s Eminent Domain Team Partners With L.A. County Metro to Acquire Property From the Beverly Hills Unified School District for the Westside Purple Line Subway Extension Project
Meyers Nave’s Eminent Domain Team is proud to partner with the Los Angeles County Metropolitan Transportation Authority (“Metro”) on its property acquisition needs to extend the Westside Purple Line Subway Extension Project from Downtown Los Angeles to Westwood/UCLA. We recently concluded trials relating to subsurface subway tunnel easements located beneath the Beverly Hills High School and Beverly Hills Unified School District Administration Building.
David Skinner, lead counsel from Meyers Nave’s Eminent Domain Team, explains, “Certainly, trials should be a last resort in eminent domain proceedings. Public entities should always try to resolve their property acquisition needs with landowners by settlement. This is particularly true where the landowner is another public entity.” But, here, there were two separate trials to resolve BHUSD’s legal claims. The first was a “bench trial” in December 2019 to confirm Metro’s legal right to acquire the subsurface subway tunnel easements (as a “compatible” and/or “more necessary” public use) by eminent domain. The second was a “jury trial” in July 2022 to resolve BHUSD’s claims for “just compensation,” including the fair market value of the subsurface easements and severance damages to the remainder property. Ultimately, while BHUSD asked the jury to award (for both cases) a total of $53,814,000, the jury verdict was $1,046,000.
These trial results support Metro’s efforts to reduce traffic, congestion and carbon emissions from automobile use, and to make affordable public transportation options available to all in Los Angeles.
In addition to David Skinner, the Meyers Nave team also included associate Kristof Szoke.
Five Meyers Nave Attorneys Recognized as 2023 “Best Lawyers in America”
Meyers Nave proudly announces that five of our attorneys are recognized in the 2023 edition of The Best Lawyers in America.
Their legal expertise and professional accomplishments reflect the high regard of numerous Meyers Nave practices, including eminent domain, environmental law, land use, litigation, municipal law and natural resources law. Their recognitions also demonstrate Meyers Nave’s reputation for excellent client work from attorneys in each of our offices throughout California.
We congratulate the following attorneys on their 2023 Best Lawyers rankings:
- Catherine Carlisle, Commercial Litigation, 2023 (One to Watch)
- Shaye Diveley, Environmental Law and Natural Resources Law, 2011-2023
- Amrit S. Kulkarni, Litigation-Land Use & Zoning, 2018-2023
- Adam U. Lindgren, Municipal Law, 2016-2023
- David W. Skinner, Eminent Domain and Condemnation Law, 2023
Inclusion in Best Lawyers® is based on nomination, voting and evaluation by peers in the same practice area and geographic region. Best Lawyers® assesses the information and checks each attorney’s status with local bar associations. Lawyers do not pay to be included. First published in 1983, The Best Lawyers in America is regarded as a definitive guide to excellence in the legal profession.
Meyers Nave Successfully Represents the Los Angeles Department of Water and Power in Appeal Against the County of Mono in Water Allocation Dispute
Meyers Nave successfully represented the Los Angeles Department of Water and Power (LADWP) in an appeal against the County of Mono and the Sierra Club, overturning a trial court’s decision that LADWP’s annual water allocations to ranchers leasing land from LADWP in Mono County were subject to California Environmental Quality Act (CEQA), which would have required LADWP to conduct an environmental review before making annual decisions about deliveries of water on pastureland it owns southeast of Yosemite.
The plaintiffs argued that LADWP’s 2018 water allocation was a change to LADWP’s historic water allocation practices requiring new CEQA review. The Court of Appeal disagreed, finding that the annual allocations were actions in furtherance of the 2010 approvals of the leases with the ranchers and did not require any further CEQA review.
Of the appellate court’s reversal, Anselmo Collins, the LADWP’s senior assistant general manager of water systems said it ensures that the agency, “will continue to have the flexibility required to balance the state’s strained water resources with the needs of people and the environment.”
Amrit Kulkarni who led the Meyers Nave team on the matter said, “The court’s decision will allow LADWP to continue to manage its water resources to meet the many competing customer, environmental, and regulatory demands on LADWP’s water free from annual litigation on these decisions.”
The matter was highlighted in the Los Angeles Times article, “L.A. wins water battle with Mono County amid worsening drought.”
The Meyers Nave team included Amrit Kulkarni, and Julia Bond.
Q&A With Janice Brown and Arlene Yang on Their Victory in Employment Termination Defense Verdict
We asked Janice Brown and Arlene Yang to tell us about their experience working on the Meyers Nave legal team with Nicole Ries Fox that recently won a defense verdict on all accounts in an employment law case after seven years of litigation and a 10-day bench trial in the Superior Court of California, County of San Diego.
The case, Horner v. Leone, concerned a former executive of Mr. Copy, Inc., dba MRC Smart Technology Solutions, Inc., who alleged that his former employer, and its founder and former president, Robert Leone, constructively terminated his employment, discriminated against him based on his age, retaliated against him, and promised to employ him for his working life, and failed to pay him wages, sales commissions and reimbursements.
What was the most challenging aspect of the case?
Janice: The other side was quite relentless in pursuing a multi-million dollar win and our client was equally relentless in agreeing not to pay.
Arlene: When representing employers, it’s often frustrating because the cost and risks to bring a case to trial are so high. It was satisfying to get a decision vindicating our clients’ actions.
What did you enjoy most about working on this matter?
Janice: Working with the team, Arlene and Nicole. I also want to give a shout-out to paralegals Tony Kay and Amy Mudd.
Arlene: Your team matters. Our team is hardworking and smart, but we also care about each other and know how to have a good time. Our clients and many third-party witnesses were excellent partners.
Learn more about the case: https://bit.ly/3yZ9cwu.
Learn more about our Labor and Employment Group.
Meyers Nave Achieves Defense Verdict in Alleged $2.8 Million Employment Termination Case After Seven Years of Litigation
Attorneys Janice Brown, Arlene Yang, and Nicole Ries Fox prevailed in a recent decision by the Superior Court of California, County of San Diego, in an employment litigation case in which the plaintiff sought more than $2.8 million, plus punitive damages.
Following seven years of litigation and a ten-day bench trial, Judge Eddie C. Sturgeon ruled in favor of the defendants on all counts, a rare occurrence in employment law cases.
The case, Horner v. Leone, concerned a former executive of Mr. Copy, Inc., dba MRC Smart Technology Solutions, Inc., who alleged that his former employer, and its founder and former president, Robert Leone, constructively terminated his employment, discriminated against him based on his age, retaliated against him, and promised to employ him for his working life, and failed to pay him wages, sales commissions and reimbursements.
At trial, witness testimony highlighted the fact that the plaintiff had actually accepted a new job for more pay before he resigned, that he had years of poor performance, and that he sought commissions for accounts that he stopped managing months earlier.
The Court concluded that the plaintiff did not prove that Mr. Copy or Mr. Leone breached any employment agreement; defrauded him; discriminated against him based on his age; retaliated against him; constructively terminated his employment; or failed to pay his wages, commissions, and reimbursements.
Janice Brown, Principal in Meyers Nave’s Labor and Employment Practice, Workplace Investigations Practice and Commercial Litigation Practice, noted, “We tried multiple times to resolve this case without trial, but could not reach agreement. In the end, the Court agreed that our clients’ position was meritorious, and we prevailed on all counts. We thank the Court and the Honorable Eddie C. Sturgeon for his diligence and patience in overseeing this seven-year case. Arlene, Nicole and I recognize the challenge of receiving such a favorable ruling for the defendants in an employment law case. We’re particularly pleased for the founder of Mr. Copy, Inc., Robert Leone, who was the executive who hired Mr. Horner, and who felt the weight of this action. He feels vindicated and deservedly so.”
Why Meyers Nave
Since 1986, Meyers Nave helps clients resolve their most nuanced, challenging, and complex transaction, litigation, and regulatory compliance issues. We are known for our outstanding track record of successful outcomes as well as the creativity we bring to solving high-stakes precedent-setting matters. A highly regarded leader in our founding practice of municipal and special district law, we are also go-to counsel for our wide-ranging experience in land use, environmental law, construction, public contracts, eminent domain, First Amendment law, commercial litigation, labor and employment, workplace investigations, trial and litigation, crisis management, public finance, real estate, and housing, among many other key disciplines. Meyers Nave offers the statewide reach of a California firm with the client service flexibility of a medium-size team. For more information about Meyers Nave, please visit https://www.meyersnave.com/.