VCARD
Biography
Joseph Bui regularly briefs complex and novel legal issues before California and federal appellate courts, including the California Supreme Court.
Joseph joined GMSR after clerking for three federal judges: Judge Amos L. Mazzant in the Eastern District of Texas, Chief Judge M. Casey Rodgers in the Northern District of Florida, and Magistrate Judge David L. Horan in the Northern District of Texas. As a judicial law clerk, Joseph worked on complex civil actions that implicated contract law, class certification, and subject matter jurisdiction, among other areas of law. He was also an associate at a major commercial law firm’s San Francisco office, where he advised health insurers and providers on newly enacted statutes such as the Affordable Care Act often based only on the text, the legislative history, and first principles.
Joseph graduated from the University of California, Berkeley, School of Law, earning a Prosser Prize in Constitutional Law. He also served as Editor-in-Chief of the Asian American Law Journal and Executive Editor of the Berkeley Journal of Employment and Labor Law. Prior to law school, Joseph penned columns for the Youth Vote ’08 Blog, which was jointly published by the Washington Post and CBS News. Joseph’s work has also been featured on a nationally televised CNN segment, and published by Law 360, Politico, the Daily Californian, Current College Click TV, MoneyMix, and UWIRE, among other outlets.
High-Impact Wins
Figueroa v. FCA US, LLC (2022) 84 Cal.App.5th 708
Created split in published authority on the availability of offsets in Song-Beverly cases before the Supreme Court weighs in on the same issue
Figueroa v. FCA US, LLC (2022) 84 Cal.App.5th 708
Created split in published authority on the availability of offsets in Song-Beverly cases before the Supreme Court weighs in on the same issue
Agreeing with GMSR, the Court of Appeal created a split in authority in holding that manufacturers may not offset damages for amounts that plaintiffs are credited when they must sell or trade-in their defective car on the market after the manufacturer failed to promptly fix the car or promptly buy it back.
Baral v. Schnitt (Jan. 28, 2022, B298050) 2022 WL 263108 [nonpublished opinion]
Confirmed that damages may not be speculative
Baral v. Schnitt (Jan. 28, 2022, B298050) 2022 WL 263108 [nonpublished opinion]
Confirmed that damages may not be speculative
The Court of Appeal directed judgment be entered in GMSR’s client’s favor, reversing a $3.5 million damages award on the basis that the plaintiff’s damages theory was impermissibly speculative.
MAG Aerospace Industries v. Precise Aerospace Manufacturing (9th Cir. 2021) 856 Fed.Appx. 709
Clarified that plaintiffs are not entitled to mitigation efforts that are unreasonable as a matter of law
MAG Aerospace Industries v. Precise Aerospace Manufacturing (9th Cir. 2021) 856 Fed.Appx. 709
Clarified that plaintiffs are not entitled to mitigation efforts that are unreasonable as a matter of law
The Ninth Circuit confirmed that plaintiffs are not entitled to damages for mitigation efforts that they knew would have little chance of success.
Zamorano v. Garland (9th Cir. 2021) 2 F.4th 1213
Confirmed that the Ninth Circuit may review and reverse an immigration judge’s decisions for legal error
Zamorano v. Garland (9th Cir. 2021) 2 F.4th 1213
Confirmed that the Ninth Circuit may review and reverse an immigration judge’s decisions for legal error
The Ninth Circuit held that, although it lacks the jurisdiction to reweigh an immigration judge’s exercise of discretion, it still had jurisdiction to review the judge’s ruling for legal error. It then held that an immigration judge commits reversible error where he failed to consider all relevant factors when declining a noncitizen’s request for voluntary departure (in lieu of forced deportation).
Quintero v. Ford Motor Company (9th Cir. July 21, 2022, No. 20-55883) 2022 WL 2869771
Clarified what does and does not constitute the abandonment of a claim
Quintero v. Ford Motor Company (9th Cir. July 21, 2022, No. 20-55883) 2022 WL 2869771
Clarified what does and does not constitute the abandonment of a claim
Reversing the judgment against GSMR’s clients, the Ninth Circuit held that “[i]t is not abandonment to refuse to concede to an opposing party on the merits of an issue squarely before the court,” here, the need for a hearing on the defendant’s entitlement to an offset as to a yet-to-be-elected remedy.
Rycz v. Superior Court of San Francisco County (2022) 81 Cal.App.5th 824
Made new law on the extent to which courts can consider the availability of remote testimony on a motion to transfer venue based on the location of the witnesse...
Rycz v. Superior Court of San Francisco County (2022) 81 Cal.App.5th 824
Made new law on the extent to which courts can consider the availability of remote testimony on a motion to transfer venue based on the location of the witnesses
The Court of Appeal held that although the rise of remote testimony may ease the inconvenience imposed on a witness who lives far from the site of the trial, it is not a proper basis for denying a motion to transfer to a venue where most witnesses are located.
Speaking and Involvement
Professional Associations
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