VCARD
Biography
Nadia Sarkis helps businesses, public entities, and trial counsel win on appeal. She works with trial counsel to lay the groundwork for a positive outcome before, during, and after trial by assisting with complex motion practice and helping to preserve issues for appeal. Nadia’s thoughtful, diligent approach resonates with appellate courts and gives credibility to her clients’ causes. That approach has gotten her clients favorable results on a wide range of appeals, including constitutional law, governmental immunity, punitive damages, employment, and arbitration issues.
Nadia joined GMSR after working in-house managing litigation, employment, and privacy issues, which gives her a client’s perspective on litigation. This experience enables her to work both efficiently and creatively and gives her motivation and dedication to work hard for the win. She also has more than a decade of experience litigating at a national law firm and a litigation boutique, where she tried multiple jury cases to verdict.
Nadia started her legal career with two appellate clerkships, for Ferdinand F. Fernandez of the United States Ninth Circuit Court of Appeals and Chief Justice Mary Mullarkey of the Colorado Supreme Court. Nadia is also a Certified Information Privacy Professional (“CIPP”) through the International Association
of Privacy Professionals.
When she’s not writing appellate briefs, Nadia enjoys traveling, hiking, playing guitar, reading, and painting, as well as cooking with her husband and two young boys.
High Impact Wins
B.Q. v. Mesa Union School Dist. (Cal.App., Dec. 2, 2020, No. B303351) 2020 WL 7052293 [nonpublished opinion]
Second appeal relating to student’s discrimination claim against school district.
B.Q. v. Mesa Union School Dist. (Cal.App., Dec. 2, 2020, No. B303351) 2020 WL 7052293 [nonpublished opinion]
Second appeal relating to student’s discrimination claim against school district.
On the heels of a Ninth Circuit victory relating to the same events, the Court of Appeal affirmed the trial court’s dismissal of a student’s discrimination claim for failure to comply with the Government Claims Act. Deciding an issue of first impression, the Second District held that having sought administrative review under the Education Code does not excuse the need to file a pre-suit Government Code tort claim. The Court also rejected plaintiff’s alternative argument that he substantially complied with the claims statute.
Shirvanyan v. Los Angeles Community College Dist. (Nov. 30, 2020, No. B296593) __Cal.App.5th__ [2020 WL 7706321]
Court of Appeal reverses adverse jury verdict for lack of substantial evidence, clarifying plaintiffs’ burden of proof on FEHA interactive process claims.
Shirvanyan v. Los Angeles Community College Dist. (Nov. 30, 2020, No. B296593) __Cal.App.5th__ [2020 WL 7706321]
Court of Appeal reverses adverse jury verdict for lack of substantial evidence, clarifying plaintiffs’ burden of proof on FEHA interactive process claims.
A jury awarded plaintiff, a kitchen worker at a community college, $3.4 million, including $2.775 million in noneconomic damages and over $500,000 in attorneys’ fees, for the failure to accommodate and to engage in the interactive process relating to two physical conditions: carpal tunnel syndrome and a subsequent rotator cuff injury. The Court of Appeal reversed. It agreed with GMSR’s arguments (a) that no substantial evidence supported that any reasonable accommodation could have addressed plaintiff’s totally disabling rotator cuff condition and (b) that such an available accommodation was a required element of an interactive process claim. Because the judgment could not be apportioned between damages for the shoulder and wrist conditions, the judgment as to the college’s failure to accommodate her wrist condition had to be reversed. The court ordered a retrial limited to FEHA liability and damages, if any, for the wrist condition.
B.Q. v. Dekok (9th Cir. 2020) 825 Fed.Appx. 533
Ninth Circuit affirms qualified immunity for teacher sued by student for violation of the Establishment Clause.
B.Q. v. Dekok (9th Cir. 2020) 825 Fed.Appx. 533
Ninth Circuit affirms qualified immunity for teacher sued by student for violation of the Establishment Clause.
Plaintiff, a seventh-grade student, claimed that a teacher’s use of inaccurate and negative translations of Sharia law to teach a unit on religion to students violated the Establishment Clause. The district court dismissed the suit, finding that the teacher was entitled to qualified immunity because no clearly established law would have put the teacher on notice that his actions might violate the Establishment Clause. The Ninth Circuit affirmed, agreeing with GMSR’s argument that given the murky nature of Establishment Clause jurisprudence, there was nothing obvious about any alleged constitutional violation here and hence the teacher was entitled to qualified immunity.
Speaking and Involvement
Professional Associations
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