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Johanna again has been recognized as one of San Diego’s top appellate attorneys, with her selection to the San Diego “Super Lawyers” list for 2016. Only 5% of attorneys are recognized with this honor, and only after a rigorous selection process that identifies the area’s top attorneys. The issue of San Diego Super Lawyers will be published in January 2016.
After being invited back to the San Diego Defense Lawyers, Johanna served as an expert panelist discussing best practices for trial attorneys preparing a case for a later potential appeal. Her presentation addressed key stages of a litigation in which it may benefit trial counsel to consult with an appellate expert, including pre-trial motions, during trial for issue preservation and trial motions, jury instructions and special verdict forms, post-trial motions, and post-appeal petitions or motions including, for costs, fees, or other proceedings on remand. Johanna also discussed strategic considerations at the outset of an appeal, tips on issue selection in appellate briefing, the importance of standards of review, and the types of petitions and relief available via extraordinary writs.
A 3-judge panel of the California appellate court in San Diego issued a sweeping appellate victory to the plaintiff in a sexual harassment and wrongful termination case. The case was handled in the trial court by San Diego employment attorney Josh Gruenberg, and by appellate attorney Johanna Schiavoni on appeal.
After extensive briefing in this hard-fought case, the appellate court overturned the trial court’s grant of summary adjudication and summary judgment on five separate causes of action, including hostile work environment sexual harassment, failure to prevent harassment and retaliation in violation of the Fair Housing and Employment Act (FEHA), in addition to claims for intentional infliction of emotional distress and wrongful termination in violation of public policy. The court’s decision is available at Dawson v. Country Club of Rancho Bernardo (Mar. 23, 2015) 2015 WL 1311302, 126 Fair Empl.Prac.Cas. (BNA) 1300.
The appellate court adopted Johanna’s argument, agreeing that the employee raised triable issues of fact on both the subjective and objective aspects of her sexual harassment, failure to prevent harassment and IIED claims, and that the trial court erred by considering the evidence in piecemeal fashion and discounting certain of the employee’s evidence. The court also agreed that the employee raised triable issues that she was retaliated against and wrongfully terminated within just weeks after she complained about the harassing conduct. The court held the company manager to whom the employee complained demonstrated hostility and bias against her during the investigation and that the evidence showed other inconsistencies in the company’s “performance-based” explanation for the termination. Thus, there were triable issues regarding whether the termination was instead done in retaliation for the employee’s protected conduct of complaining about her supervisor’s harassment.
The Court of Appeal reversed the judgment in its entirety, awarded costs to the plaintiff, and remanded the case for trial on all five causes of action.
Johanna Schiavoni has been recognized as one of San Diego’s top appellate attorneys, with her selection to the San Diego “Super Lawyers” list for 2015. Only 5% of attorneys are recognized with this honor, and only after a rigorous selection process that identifies the area’s top attorneys. The issue of San Diego Super Lawyers will be published in January 2015.
Before an audience from the San Diego Defense Lawyers association, Johanna Schiavoni served as an expert panelist discussing strategic considerations in preparing for an appeal. Her presentation addressed state and federal appellate courts’ typical timeline from filing of notice of appeal to decision, venue considerations, fees and costs, posting an appeal bond and stays of a judgment, critical appeal deadlines, issue analysis and selection in evaluating the strength of an appeal, key standards of review, desired outcomes, publicity considerations, and direct appeals versus writ petitions.
Johanna Schiavoni presented a continuing education seminar, entitled Recognizing and Eliminating Gender Bias: Understanding Implicit Bias and Micromessaging to San Diego criminal and civil appellate attorneys through Appellate Defenders, Inc.
A 3-judge panel of the Ninth Circuit Court of Appeals accepted Johanna’s request to publish its previously unpublished decision in Pride v. Correa, a case with broad implications in civil rights and medical treatment litigation in the State of California. In its published opinion, the appellate court adopted Johanna’s arguments for reversal of the trial court’s dismissal of a prisoner’s claim for injunctive relief against a prison facility that is blocking medical treatment duly prescribed by physicians.
This was a legal issue of first impression in the Ninth Circuit, and resolved a conflict among numerous lower courts, subsequent to the U.S. Supreme Court’s decision in Plata v. Brown. In its accompanying memorandum decision, the Ninth Circuit also largely adopted Johanna’s arguments for reversal of the trial court’s summary judgment of the client’s damages claims and reversal of the trial court’s decision denying the client’s request to conduct additional discovery. The case was remanded for a trial on the merits of the client’s claims. Pride v. Correa, 719 F.3d 1130 (9th Cir. 2013).
Read the opinion and memorandum decision here.
The Board of Immigration Appeals, the intermediate appellate body for all immigration cases nation-wide, adopted Johanna Schiavoni’s argument challenging the Immigration Judge’s termination of asylum without making required findings in support of the termination. The Board’s opinion also remanded the case and re-opened the proceedings, specifically to allow the client to present several additional arguments raised on appeal regarding the court’s defective notice of the termination proceedings and legal challenges to the Immigration Judge’s determination that the client suffered a conviction that barred him from adjusting his status to that of lawful permanent resident.
After winning reversal of summary judgment of client David Pride’s case on appeal to the Ninth Circuit, Johanna Schiavoni obtained a favorable financial settlement for Mr. Pride, bringing to a close his seven-year litigation of his civil rights claim against Calipatria State Prison.
Retired U.S. Supreme Court Justice Sandra Day O’Connor gave the keynote address at Lawyers Club of San Diego’s Annual Dinner on May 8, 2014 where she was presented with Lawyers Club’s Icon Award. The award, given to only four prior recipients, recognizes “exceptional achievement by individuals furthering the advancement of women in the law and in society.
The annual dinner, themed “Raising the Bar,” celebrated Lawyers Club’s 42nd anniversary. As President of Lawyers Club, Johanna expressed the organization’s great honor in hosting Justice O’Connor for its annual dinner. “Justice O’Connor is truly an icon, and a legal hero and inspiration to countless women, attorneys, judges, and others around the world,” said Schiavoni.
Since retiring from the bench, Justice O’Connor has launched iCivics, an online civics education program aimed at middle school students, and frequently speaks about civics education and judicial independence. In April 2014, she was named honorary chair of Justice at Stake, a nonpartisan national partnership of more than 50 organizations that focuses on keeping courts fair and impartial.