McDermott Wins Pro Bono Victory in Ninth Circuit
SAN DIEGO (May 8, 2008) — McDermott Will & Emery is pleased to announce that the Firm won a victory in the U.S. Court of Appeals for the Ninth Circuit in an important pro bono case affecting thousands of indigent foster parents in California.
In 2003, the Ninth Circuit held in the Rosales case brought by the Legal Aid Foundation of Los Angeles that the State of California was improperly denying Aid to Families with Dependent Children (AFDC) benefits to foster parents. After it was remanded to the U.S. District Court for the Eastern District of California, McDermott became involved in the case and filed a motion to enforce the judgment. In 2006, even though the State could not identify any foster parent who had been given benefits as a result of a re-evaluation under the Rosales standards, the district court denied the motion, holding that there was no proof that the State was not following the Rosales decision.
On April 25, the Ninth Circuit unanimously reversed and remanded the case in a reported decision, holding that the district court erred in deciding the motion without first considering the foster parents’ motion to compel discovery. The Ninth Circuit ruled that if the district court had compelled the requested discovery, there might well have been evidence uncovered demonstrating the State’s noncompliance with the prior Rosales decision.
The case was argued on appeal in the Ninth Circuit by McDermott Orange County partner Elliot Silverman, assisted by Legal Aid Foundation of Los Angeles co-counsel Marjorie Shelvy. In the prior proceedings in the district court, the case was argued by McDermott San Diego partner David Beckwith.
McDermott Will & Emery recognizes and appreciates the need to give back to the communities of which it is a part, assisting those who are unable to afford legal services. The Firm strongly encourages lawyers and staff to participate in pro bono activities, volunteer services and charitable activities. McDermott's Pro Bono & Community Services Committee seeks to ensure that the same Firm standards of quality, service and care that are given to our paying clients are also afforded to those we serve on a pro bono basis.
The Legal Aid Foundation of Los Angeles is the frontline law firm for low-income people in Los Angeles and is committed to supporting families and the community through programs that ensure safe, affordable housing; maintaining economic stability; promoting safety, security, and health; serving populations with special vulnerabilities; fighting discrimination and protecting human and civil rights. For more information please visit www.lafla.org.
