Ruth Borenstein is a partner in the San Francisco Litigation Department. She received her B.A. degree from Yale University in 1978, magna cum laude, and her J.D. degree from Harvard Law School in 1986, magna cum laude. She was Editor-in-Chief and an Articles Editor of the Harvard Women’s Law Journal. Ms. Borenstein served as law clerk to the Honorable Robert E. Keeton, United States District Court for the District of Massachusetts, during 1986 and 1987. She joined Morrison & Foerster in 1987.

Ms. Borenstein is engaged in a complex litigation practice at both the trial and appellate levels in courts throughout the country. Her practice currently emphasizes transportation law, issues related to federal jurisdiction and preemption, antitrust, and other complex civil litigation. Her cases have included defending class actions challenging the rates and service practices of a package transportation company, bringing suit on behalf of cargo carriers to enjoin enforcement of state laws regulating carriers’ services, filing amicus briefs on behalf of the cargo carrier industry, as well as a variety of commercial litigation matters.

Ms. Borenstein has served on the Board of Directors of the Bar Association of San Francisco, which has honored her as a Pro Bono Attorney of the Year. Ms. Borenstein’s pro bono matters have included co-authoring an amicus brief in the United States Supreme Court on behalf of the American Bar Association in support of the petitioners in Lawrence v. Texas, and litigation against the Department of Justice arising from its use of a Chinese citizen as a witness in a federal criminal trial in violation of his constitutional rights. She was the primary author of the Bar Association of San Francisco’s Model Domestic Partners Health Benefits Policy. Ms. Borenstein is a member of the California Bar, and is admitted to practice in numerous federal courts, including the United States Supreme Court.

Representative Matters

• Litigated successful preemption challenge to Maine laws regulating motor carriers' deliveries of tobacco products, winning summary judgment in the district court, an affirmance from the First Circuit, and ultimate victory in the Supreme Court. Rowe v. New Hampshire Motor Transport Association, 128 S. Ct. 989 (2008).
• Argued successful challenge to Puerto Rico statutory scheme that regulated air cargo carriers' deliveries. The First Circuit Court of Appeals affirmed award of summary judgment to carrier on grounds of federal preemption and affirmed rulings in carrier's favor regarding scope of injunction.
• Filed successful demurrer in class action claiming that airline violated California law prohibiting expiration of gift certificates. Court held the claims preempted by the Airline Deregulation Act.
• Argued successful demurrer in class action against package carrier in California Superior Court. Court held that claim under California Business & Professions Code section 17200, claim for breach of covenant of good faith and fair dealing, and various equitable claims were preempted and dismissed them with prejudice.