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Representative Cases

Criminal

People v. S.B., Santa Clara County (January 2009)
Not guilty by reason of temporary insanity for a West Point graduate charged with two counts of armed robbery

People v. A.S., Santa Clara County (May 2004)
Acquittal in a two strikes assault case

People v. M.C., San Joaquin County (March 2005)
Acquittal in a trial for gross vehicular manslaughter while intoxicated

People v. S.H., San Mateo (2006)
Jury acquittal of nurse in auto bicycle crash resulting in felony hit-and-run charges and assault charges

People v. R.R., San Mateo (2009)
Jury acquittal of attorney in road rage incident resulting in felony assault charges

U.S. v. Raimund Wersching, U.S. District Court San Francisco (2005)
Dismissal of five felony financial fraud charges against former SF 49ers placekicker

People v. William Floyd, Santa Clara (1996)
Jury acquittal of SF 49ers fullback on DUI charges

People v. J.L., Santa Clara (2003)
Jury acquittal of former Marine in insurance fraud felony charge

People v. J.L., San Mateo (2001)
Jury acquittal of 21-year-old apprentice electrician in hand-to-hand sale of narcotics to undercover informant felony charge

Civil

Randall v. Campbell and Ligeti, Santa Clara County (April 2003)
Verdict in favor of the defense in a $20 million claim against two venture capitalists for fraud

Balci v. Lucky Chances, U.S. District Court, Northern District of California (September 2008)
Verdict in favor of the defense in a wage and hour claim before the Honorable Jeffrey White

Lawrence and Culver v. Hartnell Community College, Monterey County (August 2009)
Verdict in favor of the defense in a wrongful termination claim by two executive assistants to the president of the college

James Clayworth v. Pfizer, Inc., 165 Cal. App. 4th 209, 80 Cal. Rptr. 3d 847 (2008)
Affirming summary judgment in favor of client in antitrust case based on pass-on defense

Frank Gattuso v. Harte-Hanks Shoppers, Inc., 42 Cal. 4th 554 169 P. 3d 889, 67 Cal. Rptr. 3d 468, 55 Lab.Cas. 60,511 (2007)
Represented the Employers Group as amicus curiae; Supreme Court of California endorsed lump sum method of reimbursing employee expenses

FAIR v. Rumsfeld, 547 U.S. 47, 126 S. Ct. 1297 (2007)
Represented Servicemembers Legal Defense Network as amicus curiae in a constitutional challenge to the Solomon Amendment, which cuts off federal funding to law schools that do not provide equal access to military recruiters on campus

Stephen Simmons v. PCR Technology, 209 F. Supp. 2d 1029 (C.D. Cal. 2002)
Represented employer in race discrimination action; removal to federal court based on diversity of citizenship and amount in controversy upheld

Mirna Olivares v. Hispanic Broadcasting Corporation, 2001 WL 477171 (C.D. Cal. April 26, 2001)
Represented employer in defeating former employees' challenge to mandatory arbitration of employment discrimination claims

Wayne Perry v. U.S. Bank, 2001 WL 34920473 (N.D. Cal. 2001)
Represented national bank in putative wage-hour class action, involving alleged misclassification of employees under the administrative exemption; defeated plaintiffs' motion for class certification

Hartnett, Smith & Paetkau
777 Marshall St.
Redwood City, CA, 94063 USA
650.568.2820