List of Published Cases

By G. Michael "Mike" German

A listing, by title, citation and brief description, of some major cases handled by me in my 20 years of practice.

2. Coon v. Joseph, 192 CA3d 1269 (1987). Civil rights suit of first impression I brought to extend Dillon v. Legg bystander tort liability to gay male couple. Court of Appeal affirmed trial court's reluctant dismissal of suit, but only after resubmission and in a dissonant trio of opinions. New Jersey Supreme Court later adopted my theory of recovery in Dunphy v. Gregor, 642 A2d 372 (1994), and AB25, signed into California law in 2001, now contains same provision. Same decision independently reached by S.F. Superior Court Judge A. James Robertson II, in recent Dianne Whipple dog-mauling case.

3. Johnson v. Knowles, 113 F.3d 1114 (9th Cir. 1997). Civil rights suit filed on behalf of two gay longtime Republicans who were twice elected to and twice ousted from the El Dorado County Republican Central Committee on spurious grounds in retaliation for their efforts to moderate right-wing stance of committee. Case pled 42 USC §§1983 and 1985 claims against committeemembers who orchestrated ouster, but was dismissed by federal court on jurisdictional grounds.

4. Seven Resorts, Inc. v. Cantlen, 57 F3d 771, (9th Cir. 1995). Maritime action brought against owner/operator of Lake Shasta houseboats after coed caught in propeller. Case brought Ninth Circuit into accord with other Circuits - never an easy task! - by holding that merely bringing a Limitation of Liability action did not establish federal admiralty jurisdiction; independent connection to traditional maritime jurisdiction still must be shown. Case settled for substantial sum shortly thereafter.

5. Hernandez v. McClanahan, (ND, Cal. 1998). Civil rights suit by former student against high school and police department for wrongful arrest. Case sought to adjudicate petition for late claim relief under California's Tort Claim Act in federal court but was dismissed on jurisdictional grounds. Subsequent caselaw in other federal courts came to opposite conclusion and it is now possible to litigate all such issues in one federal forum in certain circumstances, instead of bouncing back and forth between state and federal court.