Miriam Vogel is senior of counsel in the firm’s Los Angeles office, and is a member of the Appellate Practice Group. Ms. Vogel has concentrated her practice on civil litigation for about 40 years. Her principal work has focused primarily on appellate litigation, as an appellate judge for 18 years and in private practice as an appellate advocate. Ms. Vogel currently represents major corporations and individuals in their appellate matters. She is a member of the California Academy of Appellate Lawyers (CAAL) and the American Academy of Appellate Lawyers (AAAL) and serves on the Ninth Circuit Court of Appeals’ Advisory Board.
While at Morrison & Foerster, Ms. Vogel has participated in more than 200 appeals throughout the California appellate system (state and federal). Her work covers most substantive areas, including employment law, consumer class actions, environmental law (such as CEQA and Proposition 65), real estate, trade secrets, breach-of-contract, and tax law. She has an active pro bono practice, where she has helped secure prisoners’ rights, worked to prevent disproportionate teacher layoffs at disadvantaged Los Angeles- area schools, and assisted in other appeals affecting the health and safety of children in public schools.
In a precedent-setting decision for Target Corporation, Ms. Vogel obtained a significant victory from the California Supreme Court. In a consumer class action challenging Target’s collection of sales tax reimbursement on allegedly exempt items, the Supreme Court affirmed a judgment of dismissal of the entire action, holding that the California Revenue and Taxation Code provides the exclusive means by which a consumer’s “dispute” about the taxability of a retail sale may be resolved, and that a consumer class action is inconsistent with the tax code procedures. Loeffler was a victory not just for Target, but also for retailers throughout California, as the decision will be relied on by trial courts as a basis for dismissing sales tax class actions currently pending against many other retailers in California.
In another precedent-setting decision for Ralphs Grocery Company, the California Supreme Court confirmed a line of Court of Appeals cases holding that retail stores, including those located in shopping centers, may prohibit all expressive activities (except those related to labor activities) near the entrances to the stores.
Before joining Morrison & Foerster in August 2008, Ms. Vogel was a Justice on the California Court of Appeal, Second Appellate District, Division One. She authored more than 2,800 opinions and heard more than 8,400 cases. Among her 274 published opinions are a number that have helped reshape California's legal landscape, from major business matters such as insurance coverage, creditor claims stemming from bank failures, employment discrimination, and advertising practices to social issues involving privacy, child welfare, indigent representation, and wrongful death. Ms. Vogel also authored a series of rulings delineating the scope of property owner liability for harm caused by third-party criminal acts. Ms. Vogel was appointed to the appellate court in 1990 by Gov. George Deukmejian after serving five years as a judge on the Los Angeles Superior Court.
Ms. Vogel is recommended as a leading lawyer by Chambers USA 2018, Legal 500 US 2015, and Best Lawyers in America 2015. The Daily Journal named her one of California’s top 75 female litigators in 2011, 2012, and 2014.Show More
(California Supreme Court). Represented 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. The Supreme Court affirmed a judgment of dismissal of the entire action, holding that the California Revenue and Taxation Code provides the exclusive means by which a consumer’s “dispute” about the taxability of a retail sale may be resolved, and that a consumer class action is inconsistent with the tax code procedures.
(California 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. 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. 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.
(California Court of Appeal, Second Appellate District). Representing Newhall Land and Farming in obtaining reversal of trial court’s judgment, removing a major hurdle to a long-standing plan approved by the Department of Fish and Wildlife to create a new residential community north of Los Angeles.
(California 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.