Constitutional Law

GMSR has helped shape constitutional law, handling cutting-edge cases involving privacy, searches and seizures, due process, and the First Amendment.  In addition to extensive experience in the federal circuit courts, GMSR has also appeared repeatedly in the U.S. Supreme Court in recent years.

Stern v. Marshall (2011) 564 U.S. 462

The Supreme Court held that a bankruptcy court has statutory authority to enter final judgment on a debtor’s state-law counterclaims against a creditor, but that Article III of the United States Constitution makes the statutory grant unconstitutional. It also held that 28 U.S.C. section 157(b)(5), which specifies that district courts must order that “personal injury tort and wrongful death claims” be tried in district court, is not jurisdictional and creditors can consent, through their conduct, to a bankruptcy court resolving such claims.

Los Angeles County v. Humphries (2010) 562 U.S. 29

No declaratory or injunctive relief available in civil rights action against municipality under 42 U.S.C. Section 1983 absent wrongful policy, custom or practice approved or knowingly tolerated by local public entity policymakers.

City of Ontario v. Quon (2010) 560 U.S. 746

Expectation of privacy in messages sent and received on his employer-issued device; Fourth Amendment’s prohibition of unreasonable searches and seizures

Apr 06, 2010 Gary J. Wax
Popping Britney’s Personal Safety Bubble: Why Proposed Anti-Paparazzi Ordinances in Los Angeles Cannot Withstand First Amendment Scrutiny (2010) 30 Loy. L.A. Ent. L.Rev. 133.

Lawmakers have suggested a wide range of possibilities to curtail paparazzi activity in the Los Angeles area, such as “requiring all ‘celebrity photographers’ to file for a permit, . . . taxing revenues generated from the photos,” and, most controversially, creating floating “buffer zones” or

Apr 03, 2009 Related Cases
McCullock v. Los Angeles County Sheriff (9th Cir. 2009) 320 Fed.Appx. 814

Civil rights action based on denial of medication to prisoner

Van de Kamp v. Goldstein (2009) 555 U.S. 335

Prosecutorial immunity applies to 42 U.S.C. § 1983 claims concerning the manner in which the prosecutor’s office implemented policies and training for jailhouse informants

Jan 15, 2009 Related Cases
Humphries v. Los Angeles County (9th Cir. 2009) 554 F.3d 1170

Due process claim based on list of suspected child abusers maintained by California Department of Justice

In re Marriage Cases (2008) 43 Cal.4th 757 (amicus)

Constitutionality of statute providing that only heterosexual couples can marry (amicus curiae brief)

Robertson v. County of Ventura (9th Cir. 2008) 275 Fed.Appx. 594

Requirement of state action in civil rights action for physicians’ mandatory reporting of possible child abuse

Apr 22, 2008 Related Cases
Ninth Circuit affirms summary judgment in favor of GMSR clients in civil rights action

Robertson v. County of Ventura (9th Cir. 2008) 275 Fed.Appx. 594, 2008 U.S. App. LEXIS 9071 (United States Court of Appeals for the Ninth Circuit) [published]. The Ninth Circuit affirmed summary judgment for two physicians who had been sued for violation of civil rights under

Who We Serve

PUBLIC ENTITIES

Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

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TRIAL COUNSEL

The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.

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INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

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COMMUNITY PRO BONO

As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.

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