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The Ninth Circuit Affirms Summary Judgment Order Finding California’s So-Called “Large Capacity Magazine” Ban Unconstitutional

8/24/2020

It has been nearly one year since shareholders Craig A. Livingston and Crystal L. Van Der Putten filed an amicus curiae brief with the United States Court of Appeals for the Ninth Circuit in Duncan v. Becerra on behalf of Livingston Law Firm client, The National Shooting Sports Foundation, Inc. The brief sought to affirm the summary judgment ruling of the United States District Court for the Southern District of California in favor of Plaintiffs-Appellees (individuals and organizations) finding California Penal Code section 32310 (banning magazines capable of holding more than 10 rounds) unconstitutional under the Second Amendment and enjoining enforcement of the statute. The NSSF brief provided statistics regarding the wide availability nationally of 10+ round magazines and argued Section 32310 violated the Second Amendment right to keep and bear arms (including magazines holding 10+ rounds) and could not survive any form of heightened scrutiny.

On August 14, 2020, in a 66-page ruling siding with arguments in the NSSF brief and other amici curiae, the Ninth Circuit concluded Section 32310 violated the Second Amendment and affirmed the District Court’s judgment in favor of Plaintiffs-Appellees.

Inaugural Bay Area Women Lawyers Retreat a Huge Success

3/2/2020

Managing shareholder and founding partner Renée Welze Livingston represented Livingston Law Firm at the First Annual Bay Area Women Lawyers Retreat on February 28 – March 1, 2020 in Sonoma, California. The sold-out event was created to bring together distinguished women leaders in the law to discuss equality for women in the profession and develop tools to break down barriers and eliminate bias. The kick-off session, “Still Breaking Down the Glass Ceiling After All These Years - Judicial Perspectives on Gender and the Law,” featured California Supreme Court Chief Justice Tani Cantil-Sakauye. Livingston Law Firm was a proud Chardonnay sponsor of the event.

Renée Welze Livingston's Article on Cross-Examining Psychological Experts at Trial Published in DRI Magazine

2/11/2020

Managing shareholder Renée Welze Livingston’s article on effective cross-examination of psychological experts at trial and in deposition was published in the January 2020 edition of DRI’s magazine For The Defense. In the article, “How Methodical Investigation Can Cast Doubt on a Psychological Expert’s Competence and Methodology” Ms. Livingston shares how a thorough investigation into an opposing expert’s background and methodology can undermine competence and uncover subjectivity. To read the full article, click here.

DRI is the largest international organization of defense attorneys and in-house counsel committed to educating and improving the skills of defense law practitioners and defending the interests of business and individuals in civil litigation. Ms. Livingston is an accomplished trial lawyer and member of ABOTA. She handles catastrophic injury, wrongful death and other high-exposure product liability, trucking and premises liability cases. She currently serves as President of the Association of Defense Counsel of Northern California and Nevada.

Shareholder Crystal L. Van Der Putten Obtains Victory for Shopping Center in Appellate Court

2/5/2020

Livingston Law Firm shareholder Crystal L. Van Der Putten recently obtained an appellate victory for a shopping center in a personal injury action involving an elderly driver who accidentally depressed his accelerator, causing his vehicle to jump over a parking block and severely injure the plaintiff, an invitee at the shopping center. The California Court of Appeal, Sixth Appellate District, agreed with the shopping center that appellants waived challenges to the lower court’s rulings on two separate motions to compel and to the lower’s court’s evidentiary rulings at summary judgment when appellants failed to set forth separate headings and arguments on those issues. Based on the evidence before it and current case law with substantially similar facts, the appellate court affirmed the lower court’s summary judgement ruling in the shopping center’s favor.

LLF Awarded CCCBA Platinum Diversity Award

1/31/2020

Today, Renée Welze Livingston was pleased to accept a Platinum Diversity Award from the Contra Costa County Bar Association in recognition of Livingston Law Firm’s 2019 diversity efforts within the legal community and throughout Contra Costa County. This is LLF’s first time achieving the highest Platinum level of recognition, having received Gold (2019) and Silver (2018) awards in previous years. Each year, the CCCBA recognizes select law firms who verifiably cultivate diversity through internal, external and recruiting initiatives. To learn more about CCCBA’s diversity initiative go to www.cccba.org/commitment-to-diversity .

Renée Welze Livingston Sworn is as the President of the Association of Defense Counsel of Northern California and Nevada

12/16/2019

On Friday, December 13, 2019, at the Annual Meeting of the Association of Defense Counsel of Northern California and Nevada, managing shareholder Renée Welze Livingston was sworn in as the 60th President of ADC. Renée is honored to serve as the 6th woman President of the esteemed association established in 1959 “to promote the administration of justice and enhance the standards of civil defense practice.” ADC gives a voice to civil defense attorneys through its publications, interactions with the judiciary, public positions on matters of interest, and representation in events connected with the bench and bar. For more information about the ADC, click here.

LLF Prevents Lawsuit with Right to Repair Act

10/25/2019

The California Right to Repair Act (“the Act”), Civil Code § 895 et seq., provides a comprehensive list of residential construction standards and legal remedies to homeowners for a builder’s violation of these standards. The Act requires homeowners to give the builder notice of alleged violations and provides the builder the right to inspect and repair defects at the builder’s option, so long as the right is exercised within reasonable time limits (Civil Code §§ 910, 912).

In most multi-family dwellings, such as condominium buildings, lawyers for the homeowners are involved early and are familiar with the proper procedures where there is an alleged violation of the Act. For single family homes, however, a homeowner generally makes a claim to his/her homeowner’s insurer, and that insurer usually makes necessary repairs, if covered, promptly. When an insurer undertakes the repair, it may fail to give the builder the required notice and opportunity to inspect and repair as required by Act.

This is exactly what occurred in a recent matter Livingston Law Firm handled. The homeowners claimed their pool house was flooded and the floors and cabinets damaged due to builder negligence. While the homeowner’s insurer did give the builder notice of the loss, the insurer made repairs without informing the builder it was doing so or giving the builder the opportunity to repair. While our client, the builder, disputed liability, the failure of the insurer to give the builder the right to repair was a complete defense to the claim. When all the facts were presented, the homeowner’s insurer withdrew its claim.

LLF attends NAMWOLF AnnuaL Meeting in Los Angeles

10/4/2019

Livingston Law Firm showed up in force for the 2019 annual meeting of the National Association of Minority and Women Owned Law Firms (NAMWOLF) in Los Angeles, California last month. Renée Welze Livingston, Crystal L. Van Der Putten and John C. Hentschel joined over 900 law firm member attorneys, in-house counsel and other legal professionals from around the United States for three days of legal education, networking and fun. On behalf of the Trial Practice Committee, Ms. Livingston led a lively CLE panel entitled, Shark Tank: Sink or Swim at Trial, that focused on best practices for lawyers and in-house counsel during trial.

NAMWOLF is a nonprofit trade association that promotes diversity in the legal profession by fostering successful relationships among preeminent minority and women owned law firms and private and public entities. It is one of the most powerful networks in the industry to connect in-house counsel with highly-qualified women and minority firms. To learn more about NAMWOLF please visit www.namwolf.org.

International Society of Barristers Invites Renée Welze Livingston into Fellowship

7/15/2019

Renée Welze Livingston was unanimously approved for Fellowship in the prestigious International Society of Barristers. The Society is comprised of less than 750 lawyers adjudged by their peers and judges to be “outstanding in the field of advocacy” and to possess “excellent character and integrity of the highest order.” Renée is one of just 75 active Fellows in California to be honored with this distinction. More information about ISOB can be found at www.isob.com.

Craig A. Livingston and Crystal L. Van Der Putten File Amicus Curiae Brief in the Fourth Circuit Court of Appeals

7/3/2019

This week, shareholders Craig A. Livingston and Crystal L. Van Der Putten filed an amicus curiae brief with the United States Court of Appeals for the Fourth Circuit on behalf of LLF client, The National Shooting Sports Foundation, Inc. The brief supports a constitutional challenge by Plaintiffs-Appellants (who include individuals and organizations/businesses) to that portion of Maryland’s Firearms Safety Act of 2013 which requires individuals to obtain special licensing to purchase a handgun. At the trial court level, the United States District Court for the District of Maryland summarily adjudicated the claims against Plaintiffs-Appellants on the basis they lacked legal standing to prosecute their claims – never even reaching the question of whether Maryland’s Handgun License Requirement (“HLR”) passed constitutional muster. The NSSF amicus brief addresses the standing issue but primarily argues the Second Amendment protects the right to sell firearms (either as a freestanding right or an ancillary right) following the seminal opinions of District of Columbia v. Heller and McDonald v. City of Chicago. Second Amendment jurisprudence has historically focused on the right to keep and bear firearms. The brief argues that because the HLR operates as a complete ban on the right to sell handguns to individuals who do not obtain the required license, it severely burdens conduct the Second Amendment protects – lawful commerce in arms – it should therefore be subjected to a strict scrutiny review.

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