In an effort to increase dialogue about state court jurisprudence, the Federalist Society presents State Court Docket Watch. This newsletter is one component of the State Courts Project, presenting original research on state court jurisprudence and illustrating new trends and ground-breaking decisions in the state courts. This special edition includes the thoughts of four experts on a panel hosted by the Federalist Society in May 2010 on California 17200, an initiative adopted in California in 2004 that restricts private lawsuits against a company only to those where an individual is actually injured by and suffers a financial loss due to an unfair, unlawful, or fraudulent business practice. Former San Diego Superior Court Judge Hon. Michael Orfield moderated.
University of San Diego School of Law
Partner, Morrison & Foerster LLP
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Former San Diego Superior Court Judge
Hon. Michael B. Orfield (Ret.) was a jurist for 20 years, mostly as a civil independent calendar judge. His experience and expertise as a civil judge spread widely across such diverse areas as catastrophic personal injury, medical and legal malpractice, product and construction defects, breach of warranties, easements, breach of contract, wrongful death and a variety of business disputes. His strength as a mediator "...comes from being able to call upon a broad plain of knowledge, coupled with an attention to detail, empathy for the participants, and a conviction that the resolution should be their own."
Judge Orfield retired as a member of the statewide Continuing Judicial Education Committee, and still has a passion for teaching. He currently teaches "Trying the Complicated Case: From Trial Readiness to Verdict" as well as the LexisNexis Jury Instruction computer program for both civil and criminal jury instructions. He has also taught "Leading Organizational Change" as well as the week long "Civil Overview for Judges".
Judge Orfield was appointed by Chief Justice Ronald George to the original Task Force on Civil Jury Instructions and then to the Advisory Committee on Civil Jury Instructions. Justice George also appointed him a member of the prestigious Judicial Council of the State of California. Judge Orfield has served as a member of the Judicial Council Presiding Judges and Court Executives Advisory Committee and the Judicial Needs Advisory Committee.
Judge Orfield has served on the Board of the San Diego Humane Society and chaired the North County "Bridging the Gap" program for new lawyers. Before transferring to the Vista Courthouse, he co-moderated the San Diego County Bar Association Bridging the Gap program.
In 1972, Judge Orfield earned his Bachelor of Arts degree in Biology from the University of California at San Diego, and obtained his law degree from California Western School of Law in 1977. Judge Orfield also completed one year of graduate study in Microbiology and Immunology at Duke University in 1974.
