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LOCKYER SCOLDED IN APPELLATE RULING A San Francisco court of appeal justice has sharply reprimanded Attorney General Bill Lockyer, saying he tried to use an amicus curiae brief to broaden consumer protection in false advertising claims. “I find the attorney general’s position both troubling and startling,” wrote First District Court of Appeal Justice Paul Haerle in a concurrence to Lavie et al. v. Proctor & Gamble Co., et al., A093393. The court unanimously denied the appeal. In the case, plaintiff Zion Lavie had used state Business & Professions Code � � 17200 and 17500 to sue Proctor & Gamble after a pain reliever called Aleve gave him stomach problems. The pharmaceutical company claimed the medicine was “gentler to the stomach lining than aspirin.” Lavie appealed the verdict after a court trial found the advertising was not deceptive. In the amicus brief, attorneys with Lockyer’s office argued that the standard for deceptive advertising needs to be applied using the “least sophisticated consumer” test rather than a “reasonable consumer” test. The court disagreed. Furthermore, Haerle was offended that the AG’s office seemed to ask the court to go against a Supreme Court precedent. He also called the AG’s position inconsistent with common sense. Supervising Deputy Attorney General Ronald Reiter said the court misunderstood the argument in the brief. The court thought attorneys were arguing that the standard should be “absolutely” the least sophisticated consumer, Reiter said, adding that the AG’s brief didn’t go quite that far. — Jeff Chorney RUSHING SWORN IN AS APPEAL COURT’S PJ Sixth District Court of Appeal Justice Conrad Rushing was sworn in as presiding justice of the seven-member court Tuesday. The Commission on Judicial Appointments unanimously approved Rushing’s elevation to presiding justice. A Democrat, Rushing was Gov. Gray Davis’ first appointment to the Sixth District in December 2001. Rushing, 66, is the only Democrat on the court, which represents Santa Clara, Santa Cruz, Monterey and San Benito counties. Before joining the court of appeal, Rushing was the complex case manager on the Santa Clara Superior Court bench. He was appointed to the trial court in 1978 by Gov. Jerry Brown. Sixth District Justice Patricia Bamattre-Manoukian, a Republican Gov. George Deukmejian appointee, had also been evaluated by the Commission on Judicial Nominees Evaluation for the presiding justice spot. She served as acting PJ for more than a year after PJ Christopher Cottle retired, but resigned from the temporary position two weeks ago. Justice Eugene Premo served as interim PJ during the final two weeks. Davis still has one spot to fill on the court. — Shannon Lafferty 13 NEW PARTNERS NAMED AT ORRICK Orrick, Herrington & Sutcliffe has elevated five of counsel and eight associates to partner, bringing the total number of partners at the 638-attorney firm to 243. Joining the partnership ranks in San Francisco are corporate attorney Brett Cooper, a 1995 graduate of Boalt Hall School of Law; and private finance group member Todd Padnos, a 1992 graduate of Loyola University of Chicago School of Law. The two new partners in the Silicon Valley office are Michael Frank, a member of the compensation and benefits group and a 1995 graduate of University of Michigan Law School; and intellectual property litigator Kai Tseng, who graduated from Vanderbilt University School of Law in 1994. Of counsel litigator James Houpt, a 1992 graduate of Harvard Law School, was elevated in the Sacramento office. In Los Angeles, new partners are of counsels Martin Howard, who graduated from Loyola Law School in 1986; and William Molinski, a 1989 graduate of the University of Southern California Law School. The new partners in the New York office are litigator Siobhan Handley, who graduated in 1994 from New York University School of Law; of counsel Thomas Kent, a 1989 graduate of South Texas School of Law and member of the private finance group; Gaelyn Sharp, a 1995 graduate of Stanford Law School and member of the structured finance group; and litigator Lisa Simpson, who graduated in 1994 from Duke University School of Law. In the Washington, D.C., office the structured finance group added new partner Mark Riccardi, a 1994 graduate of Georgetown University Law Center. And the new partner in the Tokyo office is of counsel Yoichi Katayama, who received an LL.M. from Fordham Law School in 1992 and focuses on infrastructure projects and finance. Orrick elevated the same number of lawyers to partner in 2002; in 2001 the firm added 14 new partners. — Brenda Sandburg

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