| LOS ANGELES - A state Court of Appeal has ruled | | | | Justice Judith M. Ashmann-Gerst wrote the opinion; |
| the West Los Angeles entertainment litigation firm | | | | Justices Victoria M. Chavez and Kathryn D. Todd |
| Christensen Glaser can be sued for wrongful | | | | concurred. |
| termination by a legal secretary who claims she was | | | | James claims she witnessed attorney Shapiro and |
| fired for refusing to inflate client bills. | | | | former attorney Sara Caplan fabricating legal bills that |
| The decision, by the 2nd District in Los Angeles, is just | | | | were then sent to clients. She claims she was |
| the latest news to beset the firm that recently | | | | terminated, on Jan. 28, 2003, after reporting the alleged |
| changed its name to Christensen, Glaser, Fink, Jacobs, | | | | illegal activity to firm management. |
| Weil & Shapiro after partner Louis R. "Skip" Miller | | | | Lawyers for the firm and Shapiro claim in court |
| bolted to start his own shop. Managing partner Terry | | | | documents that James was legitimately terminated |
| Christensen currently is under indictment in the Anthony | | | | due to poor performance. She talked too much to her |
| Pellicano wiretapping scandal. | | | | colleagues and was difficult to work with, they say. |
| On Wednesday, name partner Patricia Glaser denied | | | | Lawyers for the firm say they also learned James ran |
| the firm padded its legal bills. | | | | into difficulties at other firms where she worked after |
| Reversal of Trial Judge | | | | she was terminated from the Christensen firm. |
| "We don't engage in any funny billing, ever," she said. | | | | The appeals court rejected that assertion as irrelevant |
| The appellate decision, handed down Thursday, | | | | but returned the case to Duffy-Lewis to consider |
| reverses summary judgment by Judge Maureen | | | | Christensen Glaser's motion for summary judgment on |
| Duffy-Lewis, of the Los Angeles Superior Court. The | | | | James's request for punitive damages. |
| 2nd District, however, upheld summary judgment in | | | | Christensen has been involved in some of Hollywood's |
| favor of name partner Robert Shapiro because he did | | | | most bruising brawls of the last decade. They won |
| not hire secretary Pauletta James. | | | | judgments against the Walt Disney Co. and actress |
| The appeals court found that James could sue the | | | | Nicole Kidman. The firm represents billionaire Kirk |
| high-profile firm for "wrongful termination in violation of | | | | Kerkorian in many matters. Terry Christensen is |
| public policy and intentional infliction of emotional | | | | accused in a federal indictment of hiring Pellicano to |
| distress." | | | | wiretap Kerkorian's ex-wife in the middle of a nasty |
| Not Hired by Shapiro | | | | child support proceeding. |
| "We conclude that the trial court erred when it ruled | | | | James' lawsuit is not the first time the firm has been |
| that (1) James could not identify a public policy | | | | accused of fraudulent billing practices. In 1998 former |
| sufficient to support her cause of action for wrongful | | | | partner Andrew White testified in court that a |
| termination in violation of public policy, and (2) the | | | | colleague had come to him with concerns Miller was |
| intentional infliction of emotional distress cause of | | | | inflating client bills. The firm denied those allegations. |
| action is barred by the exclusivity provision of the | | | | On Wednesday, Glaser vehemently defended the firm. |
| workers' compensation scheme," the court wrote. | | | | "People are just looking for ways to make stories, and |
| "However, James failed to show that the trial court | | | | you can put any spin on that you want, but the firm |
| erred when it ruled that Shapiro was not her | | | | has done nothing wrong," she said. |
| employer." | | | | |