Brian M. Brown has litigated cases through trial and appeal throughout his 46-year career, handling appeals and writ proceedings in California state courts and the United States Court of Appeals for the Ninth Circuit. The following are three of his published appellate decisions.

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Cooper v. Rykoff-Sexton, Inc. (1994) 24 Cal.App. 4th 614.

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Brian M. Brown represented the plaintiff-appellant in this wrongful termination and age discrimination case. The employer sought to defeat the employee's claims by relying on after-acquired evidence of résumé falsification discovered during litigation.

 

The Court of Appeal reversed the grant of summary judgment, declining to adopt a blanket rule that material falsification of an employment application is a complete defense to a wrongful termination or discrimination claim where the employer was unaware of the falsification at the time of termination. This decision remains significant for California employees facing the after-acquired evidence defense.

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U.S. ex rel. Ali v. Daniel, Mann, Johnson & Mendenhall
United States Court of Appeals, Ninth Circuit (2004)
355 F.3d 1140

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Brian M. Brown represented the qui tam relator-appellant in this False Claims Act case involving alleged fraudulent claims submitted to FEMA in connection with the reconstruction of California State University at Northridge facilities following the 1994 Northridge earthquake.

 

The Ninth Circuit reversed the district court's grant of summary judgment, holding that a private construction management corporation acting as agent of a state university is not entitled to sovereign immunity under the False Claims Act. The decision was litigated against counsel from Winston & Strawn with the U.S. Department of Justice appearing as amicus curiae.

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Conner v. City of Santa Ana
United States Court of Appeals, Ninth Circuit (1990)
897 F.2d 1487

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Brian M. Brown represented the Defendants/Appellees/Cross-Appellants in this civil rights action under 42 U.S.C. § 1983 involving Fourth Amendment challenges to warrantless searches and seizures on private property. The Ninth Circuit affirmed in part and reversed in part, upholding the damages award, the grant of permanent injunctive relief, and the attorney fee award in favor of the defendants on those issues.

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Federal and State Court Experience

Brian M. Brown has represented clients in the United States District Court for the Central District of California, the United States Court of Appeals for the Ninth Circuit, and California state courts at the trial and appellate levels for 46 years.

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Contact

To discuss your matter, contact the Law Offices of Brian M. Brown for a free consultation.