Thomas R. Freeman

Twentieth Century Fox Film Corp. v. Netflix, Inc., 2021 Westlaw 5711822 (2021): Represented Screen Actors Guild in amicus brief cautioning against the use of broad language in ruling on an issue where such language may have unintended consequences that conflict with established public policy.

Austin v. Los Angeles Unified School District, 244 Cal.App.4th 918 (2016): Represented pro bono client in her successful effort to seek relief from entry of judgment based on mistake or excusable neglect under Section 473(b) of the California Code of Civil Procedure.

Buchalter Nemer v. Superior Court, 2017 Westlaw 3188524 (2017): Successful petition for writ of mandate challenging trial court’s denial of demurrer in a case brought under the California False Claims Act.

Vivid Ent. v. Fielding, 774 F.3d 566 (9th Cir. 2014): Represented proponents of Measure B, mandating the use of condoms in adult films, before the Ninth Circuit. Prevailed (1) against an attack on the intervening ballot proponents’ “standing” to participate and (2) on the merits, with Circuit holding that the condom mandate was reasonably tailored to protect public health.

Paramount Petroleum Corp. v. Superior Court, 227 Cal. App. 4th 226 (2014): Prevailed on behalf of roofing manufacturer GAF in published opinion affirming trial court’s grant of summary adjudication of the defendant oil company’s “mistake of fact” defense to GAF’s breach of contract claim.

Prime Healthcare Services v. Brotman Medical Center, U.S. Supreme Court Case No. 11-459 (2012): Retained to represent Brotman in successfully opposing a petition for certiorari after the U.S. Supreme Court directed the filing of an opposition brief.

Rappaport v. Gelfand, 197 Cal. App. 4th 1213 (2011): Successfully represented a dissociating partner of a law on a question of first impression under the Uniform Partnership Act.

Culver v. Prospect, 2011 Westlaw 5120838 (Cal. App. 2011): Filed an appeal on behalf of a corporate client challenging the trial court’s entry of a preliminary injunction precluding the corporation from making a stock offering, which was essential to the restructuring of corporate debt. The appellate court reversed, holding that the preliminary injunction was improperly granted.

City of Hermosa Beach v. Superior Court, 2010 Westlaw 459609 (Cal. App. 2010): Filed a petition for writ of mandate on behalf of our client, the City of Hermosa Beach, attacking the trial court’s entry of summary adjudication in favor of the plaintiff oil company. The appellate court ruled in favor of the City, concluding that there was a triable issue of fact on the element of proximate cause.

La v. Nokia Inc., 2010 Westlaw 4245533 (Cal. App. 2010): Defended Nokia against a putative class action based on the allegation that a model of its cellular phone was defective. The trial and appellate courts ruled that the plaintiff lacked standing under California’s Unfair Competition Law.

Prospect Medical Group v. Northridge Medical Emergency Group, 45 Cal. 4th 497 (2009): Argued successfully that emergency medical providers cannot “balance bill” HMO enrollees.

Henneford v. Castaneda, 130 S.Ct. 487 (2009): Lead author of successful petition for certiorari challenging an adverse decision by the United States Court of Appeals for the Ninth Circuit on the scope of immunity for federal officers and employees. Shortly after the Supreme Court granted cert, the plaintiff voluntarily dismissed all claims against our client.

Dicon Fiberoptics, Inc. v. FTB, 173 Cal. App. 4th 1082 (2009): Argued appeal challenging FTB’s rejection of tax credits awarded under the Enterprise Zone Act of 1996.

Beck v. City of Upland, 527 F. 3d 853 (9th Cir. 2008): Successfully represented a civil rights plaintiff/businessman in precedent-setting case against a municipality for retaliation in violation of the First and Fourth Amendments to the U.S. Constitution.

Pollard v. Ericsson/Clausen v. Nokia, 125 Cal. App. 4th 214 (2004): Obtained dismissal of claims under Consumer Legal Remedies Act, which was affirmed on appeal.

Ferguson v. Lieff, Cabraser, Heimann & Bernstein, 30 Cal. 4th 1037 (2003): Filed Amicus Brief for Bar Associations of Los Angeles County, Orange County and Beverly Hills addressing availability of “lost” punitive damages in legal malpractice cases.

Thrifty Oil Co. v. Superior Court, 91 Cal. App. 4th 1070 (2001): Filed a successful writ application, requiring entry of summary adjudication on plaintiff’s class action claim concerning credit card surcharges.

Smith v. Robbins, 528 U.S. 259, 120 S. Ct. 746 (2000): Served as lead author of indigent defendant’s merits brief in this habeas case addressing the constitutional right to counsel in criminal appeals.

Linder v. Thrifty Oil Co., 23 Cal. 4th 429 (2000): Drafted California Supreme Court merits brief in class action lawsuit raising question concerning the trial court’s authority to deny class certification.

Canon U.S.A. v. Superior Court, 68 Cal. App. 4th 1 (1998): Filed successful writ application in a putative nationwide class action lawsuit.

Vu v. California Commerce Club, Inc., 58 Cal. App. 4th 229 (1997): Succeeded in arguing before appellate court that a gambler could not sue a casino to recover losses based on alleged “cheating” in poker because gambling losses are inherently speculative.

Podolsky v. First Healthcare Corp., 50 Cal. App. 4th 632 (1996): Represented, on a pro bono basis, family members of those admitted into nursing homes in a precedent-setting case invalidating deceptive third-party guarantees.

Rifkind v. Superior Court, 22 Cal. App. 4th 1255 (1994): Argued successfully, and established precedent of widespread use that “contention” deposition questions are improper.

In re Owens-Illinois, Inc., 115 F.T.C. 179 (1992): Co-authored respondent’s briefs in successful antitrust appeal before Federal Trade Commission involving merger between two leading manufacturers of glass containers.

• Co-Author, “’Isn’t that Special: The Limited Powers of Special Masters,” California Litigation, Vol. 34, No. 3, 2021
• Author, “Left at the Altar: SCOTUS Promises to Clarify its Cryptic Marks Rule for Divining the Precedential Impact of Plurality Decisions—But Doesn’t,” California Litigation, Vol. 31, No. 2, p.8 (2018)
• Author, “Aguilar v. Atlantic Richfield Corp.: The Definitive Analysis of California Summary Judgment Law,” 23 CEB Civ. Lit. Rptr. 143, Aug. 2001
• Author, “Guardians at the Gate: Judicial Scrutiny of Expert Testimony,” Los Angeles Lawyer Magazine, July-August 2001
• Author, “Summary Judgment: Untangling The Moving Party’s Initial Burden,” 22 CEB Civil Lit. Rep. 230, Nov. 2000
• Author, “Put Up or Shut Up: Summary Judgment in California and Federal Courts,” Los Angeles Magazine, Nov. 1999