
La Sierra is a land grant in Colorado's
Sangre de Cristo mountains. Photo by Sally Brown. |
Nine Colorado lawyers received the 2004 Trial
Lawyer of the Year Award from The Trial Lawyers for Public Justice (TLPJ)
Foundation on July 6, 2004 for winning an epic 23-year pro bono legal battle in Lobato
v. Taylor on behalf of thousands of Hispanic ranchers seeking to restore
their right to use La Sierra, an historic 80,000 acre tract of mountain land in
southern Colorado. The award -- the nation's single most prestigious honor for
trial lawyers -- is bestowed annually upon the lawyers who made the greatest
contribution to the public interest by trying or settling a precedent-setting
case.
The award was presented at The TLPJ Foundation's
22nd Annual Gala & Awards Dinner in Boston to Denver attorneys Jeffrey A.
Goldstein, of counsel to Brauer, Buescher, Goldhammer, Kelman & Dodge,
P.C., William Schoeberlein of Littler Mendelson, P.C., Watson Galleher
of Don, Hiller & Galleher, P.C., solo practitioners Robert Maes and David
A. Martinez, Julia T. Waggener of Walters & Joyce, P.C., Rebecca
Fischer of Sherman & Howard L.L.C., Norman Haglund of Kelley
Haglund Garnsey & Kahn LLC, and Elisabeth Arenales of the Center for
Law and Policy.
"These outstanding attorneys exemplify trial
lawyers' commitment to fighting injustice and improving our nation," said
outgoing Foundation President Gary Gwilliam of Gwilliam, Ivary, Chiosso,
Cavalli & Brewer in Oakland, California. "We laud these exceptional
attorneys for their incredible dedication and accomplishments."
The attorneys' victory against lumber baron Jack
T. Taylor in Lobato v. Taylor -- which included three appeals to the
Colorado Supreme Court and two appeals to the U.S. Supreme Court -- won
descendants of Colorado's first Mexican settlers the right to use La Sierra
again, which had been used by the plaintiffs and their ancestors for more than
100 years to graze sheep and cattle, gather wood and timber, hunt, and fish. La
Sierra first came under U.S. jurisdiction after the Mexican-American War with
the signing of the 1848 treaty of Guadalupe Hidalgo. That treaty promised to
respect the land use rights of Mexican citizens who stayed on La Sierra.
The class action arose out of Taylor's initially
successful efforts to shut the plaintiffs out of La Sierra. In 1960, Taylor had
filed a title registration action in a federal district court, purposely failing
to name and serve 92% of the identifiable property owners and choosing instead
to serve allegedly unknown parties by publication. The district court granted
Taylor a land decree in 1964, which was upheld by a federal appeals court in
1967. Lead counsel Goldstein filed a class action in state court in 1981,
collaterally attacking Taylor's federal judgment on the grounds that it had
denied the plaintiffs' due process rights to notice under the 4th and 14th
Amendments to the U.S. Constitution and had misinterpreted Colorado law
involving the application of an 1863 document executed by the original landowner
for the benefit of the original Mexican settlers.
The plaintiffs' case was initially dismissed on
summary judgment. Goldstein prosecuted the case on his own for about 10 years.
After winning reversal of summary judgment from the Colorado Supreme Court in
1994, Goldstein put together an outstanding group of attorneys who provided pro
bono assistance through multiple appeals and remands to the trial court. In
April 2003, the Colorado Supreme Court vindicated the plaintiffs' due process
rights, recognized their right to use the land on La Sierra, and sent the case
back to the Costilla County District Court to determine which of the more than
41,000 property owners in the county have land use rights on La Sierra. The U.S.
Supreme Court denied review in December 2003.
This case represents a major victory for a
legally disenfranchised and disillusioned population over a wealthy individual
with virtually unlimited resources, and has galvanized land grant heirs
throughout the Southwest to fight for their rights.
The 2004 Public Justice Achievement Award
also was presented at The TLPJ Foundation's Annual Gala & Awards Dinner to Trial
Lawyers Care, New York State Trial Lawyers Association, Association
of Trial Lawyers of America -- New Jersey, and Connecticut Trial Lawyers
Association for organizing the largest pro bono legal assistance
project in the history of American jurisprudence, encompassing the efforts of
1,180 lawyers who donated a total of more than 100 years worth of free time to
hundreds upon hundreds of 9/11 victims from 35 states and 11 countries.
The other finalists for the 2004 Trial Lawyer of
the Year Award, also honored at the gala, were:
* Neil V. Getnick, Lesley Ann Skillen,
and Margaret J. Finerty of Getnick & Getnick in New York City, and Michael
E. Getnick of Getnick, Livingston, Atkinson, Gigliotte & Priore, LLP in
Utica, New York forced drug giant Bayer Corporation to pay $251 million -- the
nation's largest-ever Medicaid fraud settlement -- to federal and state
governments to settle a whistleblower action against Bayer for fraudulently
overcharging the federal Medicaid program for prescription drugs. The attorneys'
efforts in United States ex rel. Estate of George Couto v. Bayer Corporation
also forced Bayer to plead guilty to violations of federal law and pay a
criminal fine of $5.6 million, and resulted in another Medicaid fraud settlement
of $88 million against Bayer competitor GlaxoSmithKline.
* Vanita Gupta of the NAACP Legal Defense
& Educational Fund in New York, solo practitioner Jeff Blackburn of
Amarillo, Texas, E. Desmond Hogan, Mitch E. Zamoff, Adam K.
Levin, Jennifer Klar, Lori J. Searcy, Tara P. Hammons, and Kristin
Krause Cohen of Hogan & Hartson L.L.P. in Washington, D.C., and Ted
Killory, J. Winston King, William E. White, Mark M. Oh,
and Anitra Cassas of Wilmer Cutler Pickering LLP in Washington, D.C. took
on Texas law enforcement power, won the freedom of 35 innocent citizens of
Tulia, Texas who had been arrested and jailed on fabricated drug charges, and
negotiated a $6 million settlement and the dismantling of a federally financed
20-county narcotics task force responsible for the false arrests. The White
v. Coleman legal team also waged a national media campaign to expose the
racist underpinnings of these arrests --- approximately 10% of Tulia's
African-American population had been rounded up and arrested in this
"sting" operation.
* Stuart T. Rossman of the National
Consumer Law Center in Boston, Clint W. Watkins of the Law Office of
Clint W. Watkins in Brentwood, Tennessee, Michael E. Terry of Terry &
Gore, P.C. in Nashville, Tennessee, Wyman "Gil" Gilmore of
Gilmore Law Office in Grove Hill, Alabama, Darnley D. Stewart of
Bernstein Litowitz Berger & Grossmann LLP in New York, and Gary Klein
of Grant Klein & Roddy in Boston battled against General Motors Acceptance
Corporation -- the nation's second largest auto lender -- for over six years,
winning a groundbreaking settlement in Coleman v. General Motors Acceptance
Corporation, a nationwide class action that transformed the way in which car
purchases are financed in this country and exposed discriminatory auto financing
practices that had operated secretly for over 75 years and had resulted in
higher-interest car loans for minority car buyers.
* Solo practitioner Richard R. Ruggieri of
San Rafael, California won one of the nation's first jury verdicts against a gun
manufacturer for defective design, with the jury awarding a record $50.9 million
in compensatory damages to the family of a young boy left a quadriplegic after
an accidental shooting. In May 2003, an Oakland, California jury found that the
.38-caliber semiautomatic Bryco Arms pistol -- commonly known as a
"Saturday Night Special" -- used in the shooting was defectively
designed because the gun could be unloaded only when the safety was turned to
the "off" position. The verdict in Maxfield v. Bryco Arms is
especially noteworthy because, by employing creative "asset
protection" strategies, this manufacturer of cheap, easily concealed
Saturday Night Specials has historically evaded all trials. It has now filed for
bankruptcy protection.
* San Francisco attorneys James C. Sturdevant
and Mark T. Johnson of The Sturdevant Law Firm and Thomas J. Brandi
of The Law Office of Thomas J. Brandi won a groundbreaking jury verdict in
excess of $1 billion on behalf of a class of over one million Bank of America
customers -- mostly elderly or disabled -- who accused the banking giant of
mishandling their Social Security direct deposit funds. Miller v. Bank of
America is the first case ever to challenge a bank for dipping into the
checking and savings accounts of customers who have government benefits
electronically deposited, claiming a right to collect fees, overdrafts, and
other debts from exempt funds in those accounts.
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Trial Lawyers for Public Justice is the only
national public interest law firm dedicated to using trial lawyers' skills and
resources to advance the public good. Founded in 1982, TLPJ utilizes a
nationwide network of more than 3,000 trial lawyers to pursue precedent-setting
and socially significant litigation. It has a wide-ranging litigation docket in
the areas of civil rights and liberties, consumer rights, worker safety, toxic
torts, environmental protection, and access to the courts. TLPJ is the principal
project of The TLPJ Foundation, a not-for-profit membership organization with
offices in Washington, DC and Oakland, CA. The TLPJ web site address is www.tlpj.org.