I'm honored to announce that I received the 2022 Pound Civil Justice Institute Appellate Advocacy Award, with High Distinction, for my work on Frlekin v. Apple Inc., 8 Cal.5th 1038 (2020). The award "recognizes excellence in appellate advocacy in America." The 2022 award citation says that my work in Frlekin has had and will have "a significant impact on access to justice in future civil cases." The award ceremony took place last month in Seattle in conjunction with the AAJ's annual convention. So many thanks to the members of the Pound Institute committee who selected me for the award, as well as to Kevin Green, who nominated me.
In Frlekin (discussed in this blog post), I represented a certified class of retail sales employees who worked in Apple's California stores. The employees were required to undergo onsite security searches of their bags, Apple-branded technology devices, and other personal belongings when leaving the store for lunch or at the end of the day. The California Supreme Court held that time spent waiting for and undergoing these searches was "controlled" by the employer and therefore met the definition of compensable "hours worked" within the meaning of the California Industrial Welfare Commission's Wage Orders. This central legal question was referred by the Ninth Circuit to the California Supreme Court for decision. I wrote all the appellate briefs and presented the oral argument in both the Ninth Circuit and the California Supreme Court. Summary judgment on liability was subsequently entered in favor of the certified class.
Very impressive! Congrats!
Posted by: Cass | Wednesday, August 17, 2022 at 03:19 PM
Thank you!
Posted by: Kimberly A. Kralowec | Tuesday, August 23, 2022 at 07:10 PM