Josephine

Josephine Mason Petrick

Senior Counsel

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Appellate
Litigation and Dispute Resolution
San Francisco

Josephine is Senior Counsel with Hanson Bridgett's Appellate Practice Group. She represents clients on appeal and in connection with writs in the state and federal courts, and counsels trial litigators on matters pertaining to trial strategy and dispositive legal issues.

Before joining Hanson Bridgett, Josephine served as law clerk to the Honorable James L. Dennis on the U.S. Court of Appeals for the Fifth Circuit. She began her career as an appellate attorney at the appellate litigation boutique Horvitz & Levy LLP, based in Southern California. She has also worked at the litigation boutiques of Kaufhold Gaskin LLP and Kanner & Whiteley LLC.

In addition to appellate litigation, Josephine has experience litigating complex and high-stakes business, commercial, securities, and environmental matters, including class actions and multidistrict litigation. Previously, she served on the litigation teams successfully representing State Attorneys General in complex matters, including the Deepwater Horizon litigation, of unprecedented scale. Josephine brings her litigation experience to bear in counseling clients and trial litigators on strategy and important legal issues arising in the trial courts.

Josephine also frequently authors amicus briefs on behalf of clients, and maintains an active pro bono practice.

Josephine received a B.A. in Linguistics from the University of California at Berkeley (Highest Honors and Phi Beta Kappa) and a J.D. from the University of California, Hastings College of the Law (magna cum laude and Order of the Coif). She was a Senior Articles Editor of the Hastings Law Journal, was a member of the Moot Court Board, served as an intern for Judge Edward Chen on the U.S. District Court for the Northern District of California, and as a student she briefed and argued a Ninth Circuit appeal with the Hastings Appellate Project.

Josephine is licensed to practice in California and Louisiana, and is admitted to practice before the U.S. Supreme Court, and numerous federal Courts of Appeals across the country.

Published Decisions

Spencer v. Mowat, 46 Cal. App. 5th 1024 (2020): Obtained victory on behalf of plaintiffs in opinion holding that the anti-SLAPP statute does not protect defendants’ communications in furtherance of a conspiracy to exclude nonlocals’ access to the beach at Lunada Bay.

PolyOne Corp. v. Westlake Vinyls, Inc., 937 F.3d 692 (6th Cir. 2019): Federal Arbitration Act appeal arising from CERCLA contribution action, regarding a novel application of Hall St. Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008).

Schwan v. Permann, 28 Cal. App. 5th 678 (2018): Represented clients in case of first impression regarding doctrine of testamentary impossibility as applied to conditional bequests in a trust.

Representative Work—Appeals

Constitutional Law: Represented group of behavioral science and economics scholars as amici curiae in appeal addressing interplay between free speech and equal protection rights.Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 138 S. Ct. 1719, 201 L. Ed. 2d 35 (2018).

Government: Filed amicus brief in the California Supreme Court on behalf of Southern California Regional Rail (Metrolink) in case involving questions of law and public policy that will affect public agencies throughout the State. The Supreme Court granted the Ninth Circuit’s request to answer a certified question regarding prevailing wage law as applied to certain taxpayer-funded rail-improvement projects. Busker v. Wabtec, No. S251135 (California Supreme Court).

Healthcare: Represented nonprofit organization as amicus curiae in support of the Director of the California Department of Public Health, in appeal involving challenge to California’s determination of death laws.Fonseca v. Smith, 827 F. App'x 685 (9th Cir. 2020).

Anti-SLAPP: Obtained favorable published opinion that that the anti-SLAPP statute does not protect defendants’ communications in furtherance of a conspiracy to exclude nonlocals’ access to the beach.Spencer v. Mowat, 46 Cal. App. 5th 1024 (2020).

Probate: Obtained favorable appellate opinion on issue embracing conditional bequest in a trust. Ostrosky v. Permann, No. A158057, 2020 WL 5511315 (Cal. Ct. App. Sept. 14, 2020), reh’g denied (Oct. 5, 2020).

Federal Arbitration Act: Federal Arbitration Act appeal arising from CERCLA contribution action, regarding the application of Hall St. Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008). PolyOne Corp. v. Westlake Vinyls, Inc., 937 F.3d 692 (6th Cir. 2019).

Government, Brown Act: Obtained affirmance of trial court’s order and judgment denying writ of administrative mandamus in Brown Act case. L.A. Times Commc'ns LLC v. S. California Reg’l Rail Auth., No. B280021, 2019 WL 4127260 (Cal. Ct. App. Aug. 30, 2019).

Class Actions: Obtained favorable Ninth Circuit ruling that consumer could not state plausible deceptive marketing claims based on client’s labeling product as “almond milk.”Painter v. Blue Diamond Growers, 757 F. App'x 517 (9th Cir. 2018).

Government: Represented municipal organizations as amici curiae in appeal addressing contours of antitrust and municipal immunity doctrines. AmeriCare MedServices, Inc. v. City of Anaheim, 735 F. App’x 473 (9th Cir. 2018).

Probate: Represented clients in case of first impression regarding doctrine of testamentary impossibility as applied to conditional bequests in a trust. Schwan v. Permann, 28 Cal. App. 5th 678 (2018).

Anti-SLAPP, First Amendment: Secured favorable settlement and dismissal of complaint in full following filing of client’s opening brief on appeal. Wag Hotels, Inc. v. Puglisi, No. A146927 (Cal. Ct. App. 2015-2017).

Copyright: Contributed to appellate brief in matter involving novel application of the copyright misuse doctrine. Omega S.A. v. Costco Wholesale Corp., 776 F.3d 692 (9th Cir. 2015).

Pro Bono: Represented diverse group of amici curiae in right to education appeal in support of students seeking equal access to educational opportunity. Reed v. California, 208 Cal. App. 4th 322 (2012).

Construction/Real Estate: Contributed to appellate brief in real estate/construction matter, which settled following filing of client’s appellate brief. Pierre v. Cox, Nos. A132771, A131738, A1311342 (Cal. Ct. App. 2011-2012).

Pro Bono: Obtained reversal of order dismissing civil action on behalf of client asserting Truth in Lending Act violations. Matza v. Countrywide Home Loans, Inc., 433 F. App’x 591 (9th Cir. May 18, 2011).

Insurance: Represent client in Ninth Circuit appeal addressing the scope of attorney fees available in insurance bad-faith cases under Brandt v. Superior Court, 37 Cal. 3d 813, 693 P.2d 796 (1985) (Ongoing).

Pro Bono: Represent asylum petitioner in Ninth Circuit appeal addressing novel issue regarding the scope of the serious nonpolitical crime bar. (Ongoing).

Representative Work—Trial Strategy and Motion Practice

Post-Trial Motions, Punitive Damages: As appellate/post-trial counsel, obtained a conditional remittitur reducing a $2.1 million punitive damage award to one third of the original award. (S.F. Superior Court).

Insurance: Obtained summary judgment in federal court in favor of the insured, ruling that the defendant had a duty to defend in the underlying class action. Scottsdale Indem. Co. v. Quality Med. Imaging of California, Inc., No. 218CV00313APGVCF, 2018 WL 5258622 (D. Nev. Oct. 22, 2018).

Class Actions: Defeated class certification in consumer class action against national retailer. Cover v. Windsor Surry Co., No. 14-CV-05262-WHO, 2017 WL 9837932, at *1 (N.D. Cal. July 24, 2017).

RICO: Obtained dismissal with prejudice of third-party complaint in complex federal RICO action with hundreds of millions at stake. Paskenta Band of Nomlaki Indians v. Crosby, No. 2:15-cv-00538-MCE-CMK, 2016 WL 3854237 (E.D. Cal. July 15, 2016).

Securities: Successfully represented directors, officers, companies, and investment funds in variety of securities and derivative actions, including putative class actions.

Environmental: Serve as appellate representative and trial consultant of litigation team in complex environmental class action and FCA suit. (N.D. Cal., ongoing).

Environmental: Served as appellate and law-and-motion representative of litigation team in large-scale environmental case through historic, record-breaking settlement. In re Deepwater Horizon, MDL No. 2179, Nos. 10-3059 & 11-0516 (E.D. La. 2010-2015).

Environmental: Served as appellate and law-and-motion representative of litigation team in large-scale environmental case from trial, post-trial briefing, through record-breaking settlement. N.J. Dep’t Envtl. Prot. v. ExxonMobil Corp., Nos. UNN-L3026-04 & UNN-L-1650-05 (N.J. Sup. Ct. Law Div. 2014-2015).

Select Amicus Briefs

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, 138 S. Ct. 1719, 201 L. Ed. 2d 35 (2018): Represented group of behavioral science and economics scholars as amici curiae in appeal addressing interplay between free speech and equal protection rights.

Busker v. Wabtec, No. S251135 (California Supreme Court): Filed amicus brief in the California Supreme Court on behalf of Southern California Regional Rail (Metrolink) in case involving questions of law and public policy that will affect public agencies throughout the State.

Fonseca v. Smith, 827 F. App'x 685 (9th Cir. 2020): Represented nonprofit group Compassion & Choices in Ninth Circuit appeal, in which the court held that the plaintiffs lacked standing to maintain their challenge to California’s Uniform Determination of Death Act (CUDDA). Incorporating points from client’s amicus brief, the court observed that it is an accepted medical standard that brain death constitutes death, and that California has defined brain death as “death” since 1974, citing Barber v. Superior Court, 147 Cal. App. 3d 1006, 1013 n.1 (1983).

AmeriCare MedServices, Inc. v. City of Anaheim, 735 F. App’x 473 (9th Cir. 2018): Represented municipal organizations as amici curiae in appeal addressing contours of antitrust and municipal immunity doctrines.

303 Creative v. Elenis, No. 19-1413 (10th Cir.): Represent group of behavioral science and economics scholars as amici curiae in appeal addressing interplay between free speech and equal protection rights. (Ongoing).

Reed v. California, 208 Cal. App. 4th 322 (2012): Represented diverse group of amici curiae in right to education appeal in support of students seeking equal access to educational opportunity.

Publications

"Manufacturing Appellate Jurisdiction: A Dangerous Gambit," The Recorder (February 2021)

"Queen's Bench Past President Presiding Justice Barbara J.R. Jones Retires From the Court of Appeal After Trailblazing Career," Queen's Bench Public Announcement (December 2020)

"Federal Anti-SLAPP Law Year in Review – 2019 Roundup," co-author, Appellate Insight Blog (March 2020)

"Amicus Briefs: Friend of the District Court, Too?," co-author, Appellate Insight Blog (September 2019)

"Federal Class Action Appeals – What’s the Deadline to Petition to Appeal When a Motion for Reconsideration Is Filed?," author, Appellate Insight Blog (December 2018)

"Arbitration Clauses, What's in Yours?" co-author, Appellate Insight Blog (April 2018)

"Must One Contest a Tentative Ruling?," Appellate Insight Blog (February 2018)

"Masterpiece Cakeshop': Drawing Lines to Ensure Tolerance Runs in All Directions," co-author, The Recorder (December 2017)

"Peremptory Challenge Denied? Take a Writ," Appellate Insight Blog (November 2017)

"MCLE: SLAPP Update," co-author, California Lawyer (December 2012)

"Why we need a federal anti-SLAPP law," co-author, Daily Journal (June 2012)

"The Wide-Ranging Applications of California Anti-SLAPP Law," co-author, Law360: Expert Analysis (February 2012)

"The Standing Doctrine's Dirty Little Secret," co-author, 107 Nw. U. L. Rev. 169 (2012)

"Uncertainty looms over anti-SLAPP issues," co-author, Daily Journal (December 2011)

See All Publications

Presentations

"Appellate Litigation: What Lies Ahead in 2019 and Beyond," co-panelist, The Knowledge Group (April 2019)

See All Presentations

Professional Affiliations

Executive Committee of the Bar Association of San Francisco's Appellate Law Section

Board of Queen’s Bench Bar Association of the Greater Bay Area, Treasurer & Amicus Committee Co-Chair

Judicial Clerkships

Law Clerk to the Honorable James L. Dennis, U.S. Court of Appeals for the Fifth Circuit (2012-2014)

Judicial Intern to the Honorable Edward Chen, U.S. District Court for the Northern District of California

Academic Distinction

Senior Articles Editor, Hastings Law Journal

Moot Court Board, Member

Order of the Coif

Thurston Society

Outstanding Pro Bono Award Top Student in Federal Courts, Conflict of Laws, International Commercial Arbitration, Jurisprudence, and Legal Ethics

Education

J.D., magna cum laude, University of California, Hastings College of the Law (2011)

B.A., summa cum laude, University of California, Berkeley (2008)

Admissions And Courts

California

Louisiana

Supreme Court of the United States

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. District Court for the Northern District of California

U.S. District Court for the Eastern District of California

Other district courts across the country pro hac vice

San Francisco

415-995-5099 Direct Phone
415-995-3565 Fax

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Firm Leadership

Women's Impact Network, Member