Plaintiff Case Studies
McManis Faulkner Obtains Ninth Circuit Ruling
Result:
U.S. Ninth Circuit Court of Appeals overturned District Court decision.
Client:
Rahinah Ibrahim, a Stanford graduate student from Malaysia
Overview:
McManis Faulkner successfully represented Rahinah Ibrahim, a Stanford graduate student, who found herself inexplicably on the No-Fly List. Ibrahim was arrested at San Francisco International Airport in 2005 before being allowed to fly to her native Malaysia for an academic conference. She was not allowed to return to the U.S. due to her ‘No-Fly’ List status.
Filing in the Ninth Circuit Court of Appeals, government lawyers argued that with the passage of 49 USC Section 46110 by Congress, federal judges had no jurisdiction over the Department of Homeland Security’s Transportation Security Administration (TSA). As such, only appellate courts have jurisdiction over such cases, making them impossible to litigate because appellate courts cannot take evidence and had no lower court decision – complete with evidence – to review and reconsider.
In a decided victory, the Ninth Circuit Court of Appeals agreed to allow federal trial judges to investigate the make-up of the ‘No-Fly’ List. The court held that the Terrorist Screening Center, the agency that compiles the list, is part of the Federal Bureau of Investigation, which is not listed in 49 USC Section 46110.
McManis Faulkner then filed a suit in U.S. District Court to have Ibrahim's name removed; however, Judge William Alsup dismissed the suit. He ruled that Ibrahim had no constitutional rights at stake because she was a foreigner who had left the U.S. voluntarily.
The Ninth Circuit Court of Appeals overturned the District Court decision, ruling that Ibrahim had significant U.S. connections - she had spent four years as a graduate student at Stanford, traveled abroad only to present her research at a Stanford-sponsored conference, and would have returned for academic and personal visits if the government hadn't barred her.
Civil Rights
Result:
$250,000 settlement with the City and County of San Francisco and the San Francisco Police. Case is ongoing against the federal government.
Client:
Malaysian Stanford Ph.D. Candidate
Overview:
Landmark Ruling in No-Fly Case
McManis Faulkner represented the client in a case against the federal government and the City and County of San Francisco regarding the wrongful placement of her name on the No-Fly List and wrongful arrest. The client is a professor, officer of the Malaysian government and a Muslim. In 2005, she was a Stanford Ph.D. student who was studying in the U.S. on a student visa.
On January 2, 2005, the client arrived at the San Francisco airport with her 14 year-old daughter to board a flight to Malaysia. She was told that she was on the No-Fly List and arrested without probable cause by the San Francisco police. Two hours after her arrest, she was released and was told that she could board a flight to Malaysia the next day. However, her visa was later revoked, and she has not been allowed to return to the U.S. since. McManis Faulkner represented the client in a federal action to remove her name from any terror watch lists and for monetary damages for her wrongful arrest. The firm obtained a landmark ruling from the Ninth Circuit Court of Appeals that the client had a right to pursue her action for removal of her name from any watch lists in federal district court.
After returning to the Northern District Court, McManis Faulkner obtained another landmark decision, allowing the client to obtain substantial discovery from the defendants into the reason for her arrest, communications between local and federal government surrounding her false arrest, and overruling defendants’ objections that this information is privileged or should not be disclosed as sensitive security information. After this sweeping win, the client obtained a $250,000 settlement for her false and unlawful arrest with the City and County of San Francisco and U.S. Investigations Services, Inc., whose employee ordered her arrest. Having been vindicated for her unlawful arrest, the client now pursues her claims against the federal government for the removal of her name from the No-Fly List.
Wrongful Death
Result:
Substantial Confidential Settlement
Client:
Oral Surgeon’s Spouse, Individually and as Successor-in-Interest to Oral Surgeon
Overview:
An oral surgeon working with a highly addictive controlled narcotic, Fentanyl, performed patient surgeries at the offices of a dental practice management service company. The company ordered the Fentanyl for the doctor and took the responsibility of handing the narcotic in its offices.Unfortunately, the company did not take reasonable steps to track the narcotics, which inevitably resulted in employees’ ability to divert these substances for their own use. The doctor began diverting Fentanyl and became addicted. McManis Faulkner argued that had the company taken proper measures to track the narcotic, it would have either prevented the doctor’s diversion or it would have been discovered and he would have been required to enter an in-patient treatment program. The doctor overdosed on Fentanyl at the company’s dental offices. He slipped into an irreversible coma because of the overdose and died at the age of 37. Representing the doctor’s wife, McManis Faulkner filed a wrongful death action. After successfully defeating the company’s motion for summary judgment, McManis Faulkner obtained a substantial confidential settlement on behalf of client.
Consumer Fraud Class Action
Result:
$45 million settlement
Client:
Nationwide Class of Hundreds of Thousands of Diabetic Consumers
Overview:
In consumer fraud actions brought in both federal and state courts, McManis Faulkner’s efforts on behalf of a nationwide class of hundreds of thousands of diabetic consumers resulted in a cash settlement of $45 million obtained from a renowned medical device manufacturer.
Product Defect
Result:
Substantial Confidential Settlement
Client:
Midwest Attorney and Spouse
Overview:
The client had a surgical repair of an abdominal aortic aneurysm. The client chose an implant manufactured by Guidant Corporation, the Ancure Endograft. Two years later, he suffered a life threatening ruptured abdominal aortic aneurysm resulting from complications caused by the device. McManis Faulkner filed suit against Guidant Corporation and related defendants. The complaint alleged that the client was misled by defendants’ marketing materials regarding the risks of the procedure. The complaint further alleged that the defendants failed to give adequate warnings of undisclosed dangers and latent defects. As a result, the client suffered physical and mental damage and incurred large medical bills. The defendants filed three motions for summary judgment. McManis Faulkner successfully defeated all. As a result, clients were able to obtain a substantial confidential settlement.
Personal Injury
Result:
$500,000 Settlement
Client:
20 year-old Amateur German Bicyclist
Overview:
The client, a 20 year-old amateur German bicyclist, was with a group of cyclists on a training ride southbound on Stevens Canyon Road in Cupertino, California. A Sheriff’s Deputy was headed northbound on Stevens Canyon Road in his patrol car, when he crossed over the double yellow line and struck the client and two other cyclists. The two other cyclists were both killed. The client lived, sustaining a broken leg and arm. He returned home to Germany and, after a recovery period, was able to return to school and cycling. McManis Faulkner filed suit against the County of Santa Clara. After the parties conducted limited discovery, the County agreed to settle the bicyclist’s claims for $500,000.