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San Francisco County, CA November 5, 2002 Election
Smart Voter

List of Published Cases

By G. Michael "Mike" German

Candidate for United States Representative; District 8

This information is provided by the candidate
A listing, by title, citation and brief description, of some major cases handled by me in my 20+ years of practice as a lawyer throughout California's State and Federal Courts.
1. Juana de la Cruz v. Janet Reno, et al., (ND, Cal. 1996). In this sexual harassment suit brought by a Filipina model and TV star against the federal government and INS agent who stalked, abused and imprisoned her, I exposed gross misconduct and mismanagement in the INS. Case settled for substantial and confidential sum after INS realized it could not defend agent's actions.

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 2002 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, 996 F.Supp. 975, (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 and later settled. 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.

6. Complaint of American Auto, 1989 AMC 1489 (ND, Cal. 1991). Multiparty, multiforum federal maritime case brought by survivors of yacht fire in Cabo San Lucas, Mexico, in which I represented a survivor and served as all plaintiffs' special maritime counsel. Case settled for a significant, confidential amount after I successfully briefed issues of jurisdiction and Limitation of Liability in USDC and later assisted in submitting amicus curiae brief to U.S. Supreme Court in a similar action.

7. David Jaramillo et al. v. City & County of San Francisco, (ND, Cal. 1997). Multi-plaintiff action I brought on behalf of senior citizens residing in SF Housing Authority property for negligence of SFHA in allowing repeated assaults and robberies to occur on their premises, including that upon lead Plaintiff, a well-known, longtime and respected community leader. Case exposed more mismanagement in SFHA and settled for a substantial and confidential sum before trial.

Interested in contributing to Mike's campaign? Please do! Make checks payable to "Mike German for Congress" ($1,000.00 limit per donor per campaign) and mail them to:

"Mike German for Congress" 1839 15th Street - #451 San Francisco, CA 94103-2280

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