- Jay-Allen Eisen has been elected to the American Academy of Appellate Lawyers. Membership is by invitation only to attorneys who have attained recognized distinction as appellate lawyers. Currently, there are fewer than 300 Fellows nationwide.
- Mr. Eisen and firm principal Marian M. Johnston have become charter members of the Council of Appellate Lawyers of the ABA's Appellate Judges Conference.
- Mr. Eisen has been appointed to the California State Bar's Committee on Appellate Courts, and will begin a three-year term on September 10.
- Mr. Eisen will be a panelist with Associate Justice Richard M. Sims, III, of the California Court of Appeal in a continuing legal education program on appellate procedure at the annual Granlibakken CLE weekend at Lake Tahoe on April 27, 2002.
- Mr. Eisen will be a panelist in continuing education programs on post-judgment civil procedure for the East Los Angeles County and Santa Clara County Bar Associations in May 2002. Mr. Eisen will also be a panelist on the same topic for the Santa Barbara County Bar Association in October, 2002.
- E.I. DuPont Co. v. Forma-Pack, Inc., 3 Civil No. C031665 (unpublished). The firm defended DuPont in this appeal from a judgment in DuPont's favor. DuPont had sued to collect for plastic defendant bought while developing a beverage packaging system. Defendant cross-complained against DuPont for over $300 million on anti-trust and other claims. After a six month trial, the jury gave verdict for DuPont. The court of appeal affirmed. On March 21, 2002, the California Supreme Court denied review.
- Moore v. State Bd. of Control, No. S102849 (pending). The Supreme Court granted the firm's petition for review. The issue is whether a state agency may reject an application for benefits as too late when the agency's representatives did not perform their mandatory duty to inform potential applicants of the application procedure.
- < >White v. Connell, 2 Civil Nos. B122178 & B123992 (pending). The firm is defending four former legislators in this appeal. Plaintiffs contend that, when the Legislature does not adopt a state budget before the deadline in the State Constitution, the Legislature may not pay salary or expenses between the deadline and the date the budget is finally adopted. Plaintiffs also claim that individual legislators must repay the state for any amounts spent during this time. Ms. Johnston argued the appeal on March 21, 2002. A decision is expected by the end of June.
- Enron Corporation v. California State Senate. Eisen & Johnston was retained as special counsel to defend the State Senate when Enron sued, challenging the Senate's right to subpoena Enron business records in an investigation into possible price-gouging by energy companies during the 2001 energy crisis.
- In re Marriage of Wolfe, 91 Cal. App. 4th 962 (2001), review in California Supreme Court denied. On dissolution of marriage, a spouse is entitled to be reimbursed half the amount of community property funds used to improve the other spouse's separate property real estate. Associate Fred Snowden convinced the court of appeal to overturn a long line of contrary cases.
- Susanville Resources, Inc. v. Lassen Community College District (unpublished), 3 Civil Nos. C0312913 and C032660 (July 10, 2001). (1) Plaintiff, which contracted with the district to operate a co-generation power plant, may not sue for breach of contract when the district failed to override the county's finding that operation of the project would be incompatible with the County General Plan. (2) Plaintiff can sue to rescind the contract to recover fees paid to the district for the right to operate the plant.
- Adams v. Aerojet Corp., 86 Cal. App. 4th 1324(2001), review in Cal. Supreme Court denied. An attorney who has left a law firm may sue a client of the former firm if the attorney can prove that he or she
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