Loeffler v. Target Corporation
(California Supreme Court). Currently representing Target before the California Supreme Court, defending trial court and Court of Appeal wins in an unfair competition class action alleging that Target wrongfully charged sales tax on hot coffee to go.
Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8 (Court of Appeal, Third and Fifth Appellate Districts.)
Secured two appellate court wins for Ralphs Grocery Company. The cases stem from an attempt in January 2008 by Ralphs to implement rules restricting the time, place, and manner of so-called “expressive activities” outside its nonunion Foods Co. warehouse stores — rules that were ignored by union picketers. In the Sacramento and Fresno Superior Courts, Ralphs challenged the constitutionality of California’s 1975 Moscone Act, which deprives state courts of jurisdiction to issue injunctions against peaceful picketing or patrolling involving any labor dispute. The lawsuits also challenged Labor Code Section 1131.8, which independently imposes severe restrictions on a property owner's right to obtain injunctive relief against unions. On Ralphs’ appeals from orders denying injunctive relief, the Third and Fifth Appellate Districts both held that the statutes violated the First and Fourteenth Amendments of the U.S. Constitution and, therefore, were invalid. Both cases are presently pending before the California Supreme Court.
Jneid and TriPole v. Novell, Inc.
(Court of Appeal, Fourth Appellate District). Represented Novell on appeal from a judgment on a $33 million jury verdict based on issue and evidentiary sanctions. In December, 2009, the Court of Appeal reversed the judgment against Novell and remanded for a new trial.
General Mills, Inc. & Subsidiaries v. Franchise Tax Board
(First Appellate District). An appeal challenging the manner in which the Franchise Tax Board determined the portion of General Mills' total income that California is entitled to tax.
Nextel Boost of California v. City of Los Angeles
(Los Angeles Superior Court). Representing Boost and Sprint Telephony PCS, L.P., in an action challenging the City’s imposing of a use tax on prepaid cell phones and calling cards.
Sevidal v. Target Corporation
(Court of Appeal, Fourth Appellate District). Represented Target in consumer class action claiming Target’s website had misidentified certain items as made in the USA when in fact they were not; we defeated the plaintiff’s motion to certify a class and the Court of Appeal affirmed.