Previous PageMary-Christine ("M.C.") Sungaila Partner

M.C. Sungaila has successfully briefed and argued appeals raising cutting-edge and core business issues statewide as well as nationally and internationally.  Clients appreciate her “clear, concise, and persuasive” manner, laud her as a “great strategic thinker who plays five or six moves ahead,” and call on her to craft winning approaches to emerging legal issues across multiple cases and jurisdictions. Clients also value M.C.’s strategic approach during pretrial and trial consultations in cases where an appeal by either side appears inevitable or a “key case” outcome might impact a whole series of cases for a client.

Over the past decade, M.C. has been the primary architect of winning arguments to screen and exclude unfounded expert testimony in California courts—a standard which previously remained undeveloped in the state.  Using her signature proactive, “big picture” approach, M.C. helped secure victories in every significant expert testimony case decided by California appellate courts in recent years.

Fortune 500 companies and leading international human rights organizations also have relied on M.C. to help define the scope of the duty to warn sophisticated users of product hazards, overturn multimillion dollar judgments, limit the reach of medical monitoring claims, clarify the standards for interstate enforcement of noncompete agreements, and secure important rights for women worldwide.

M.C. has received multiple awards and recognition for her work. Repeatedly named one of California's Top Women Litigators by the Los Angeles and San Francisco Daily Journals, she is also one of a select group of women to receive the Frances E. Willard Award, Alpha Phi International Fraternity’s highest alumnae honor for professional achievement on a national and international level.  In 2011, M.C. was the only lawyer named in OC Metro business magazine's annual list of the "Top 20 Women to Watch in Orange County."

Also in 2011, her innovative amicus brief in the closely-watched U.S. Supreme Court class action Wal-Mart v Dukes — one among fifteen different briefs filed in support of Wal-Mart by a number of veteran Supreme Court litigators — earned her the title “Appellate Lawyer of the Week” from the National Law Journal. M.C. is also listed in the Best Lawyers in America and the Top 50 Southern California Female Super Lawyers.

In addition, M.C.’s various articles on effective amicus briefing, appellate brief writing, and gender issues have been cited in over 35 law review articles, treatises and blogs, and appear as required reading on law school course syllabi throughout North America. Her expert commentary has appeared in a variety of publications ranging from the ABA Journal and National Law Journal to the Los Angeles Times and USA Today. 

Over the past decade, M.C. Sungaila has been the primary architect of winning arguments to screen and exclude unfounded expert testimony in California courts—a standard which previously remained undeveloped in the state.  Using her signature proactive, “big picture” approach, M.C. helped secure victories in every significant expert testimony case decided by California appellate courts in recent years.

 

Molina v. Shell Oil Co., unpublished California Court of Appeal opinion (2010) (affirming refusal to extend lowered “increased risk” causation standard to certain kinds of toxic tort claims)

Representative Experience

  • Molina v. Shell Oil Co., unpublished California Court of Appeal opinion (2010) (affirming refusal to extend lowered “increased risk” causation standard to certain kinds of toxic tort claims)
  • Johnson v. Honeywell International, Inc., 179 Cal.App.4th 549 (2009) (expanding application of the sophisticated user defense to negligence per se claims)
  • Johnson v. American Standard, 43 Cal.4th 56 (2008) (adopting the sophisticated user standard to negate a manufacturer's duty to warn of a potential danger posed by a product where the plaintiff has, or should have had, advance knowledge of a product's inherent hazards)
  • Lockheed Martin v. Superior Court, 29 Cal.4th 1096 (2003) (curbing medical monitoring claims)
  • Burlington Northern & Santa Fe Railway v. United States, 129 S.Ct. 1870, 556 U.S. (2009) (in a resounding victory for the chemical industry, rejecting a broad view of “arranger” liability under CERCLA)
  • Dee v. PCS Property Management, 174 Cal.App.4th 390 (2009)
  • Geffcken v. D’Andrea, 137 Cal.App.4th 1298 (2006)
  • In re Lockheed Litigation Cases, 23 Cal.Rptr.3d 762 (2005) (rev. granted, then dismissed, previously published at 126 Cal.App.4th 271)
  • In re Lockheed Litigation Cases, 115 Cal.App.4th 558 (2004)
  • Jennings v. Palomar Pomerado Health Systems, 114 Cal.App.4th 1108 (2003)

Fortune 500 companies and leading international human rights organizations have relied on M.C. Sungaila to help define the scope of the duty to warn sophisticated users of product hazards, overturn multimillion dollar judgments, limit the reach of medical monitoring claims, clarify the standards for interstate enforcement of noncompete agreements, and secure important rights for women worldwide.

Representative Experience

  • Toyota Motor Corp. v. Superior Court (Stewart), Case No. B225393, ___ Cal.App.4th __ (July 27, 2011) (recognizing California courts' lack of power to compel nonresident employees and witnesses to testify at deposition in California) Click here to read amicus brief.
  • Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011) (decertifying Title VII class of over 1 million past and current Wal-Mart employees; clarifying federal class certification standards) Click here to read the amicus brief.
  • Aguilar v. Ashland Chemical Co., unpublished California Court of Appeal opinion (2000) (overturning $760 million punitive damages award)
  • Arnold v. Ashland Chemical Co., unpublished California Court of Appeal opinion (2000) (overturning $21 million compensatory and punitive damages award)
  • State Farm v. Campbell, 538 U.S. 408 (2003) (clarifying standards for determining the excessiveness of punitive damage awards)

Fortune 500 companies and leading international human rights organizations have relied on M.C. Sungaila to help define the scope of the duty to warn sophisticated users of product hazards, overturn multimillion dollar judgments, limit the reach of medical monitoring claims, clarify the standards for interstate enforcement of noncompete agreements, and secure important rights for women worldwide.

Representative Experience

  • Jessica Lenahan (Gonzales) v. United States, Inter-American Commission on Human Rights, Case No. 12.626 (Merits Report No. 80/11 dated July 21, 2011, made public August 17, 2011) (landmark decision in first case brought by a domestic violence survivor against the U.S. before an international human rights body, finding the United States government responsible for human rights violations and setting forth comprehensive recommendations for changes to U.S. law and policy pertaining to domestic violence)
  • Caso Campo Algodonero (The Cotton Field Cases), Inter-American Court of Human Rights Case Nos. 12.496, 12.497 and 12.498 (decision made public December 10, 2009) (a groundbreaking decision called “one of the most important legal victories for international women’s rights in decades” held Mexico liable for the unsolved killings and disappearances of young women in Ciudad Juarez)
  • Davis v. Monroe County Board of Education, 526 U.S. 629 (1999) (establishing the grounds for school district liability for student-on-student sexual harassment)
  • United States v. Morrison, 529 U.S. 598 (2000) (overturning, 5 to 4, the civil rights remedy of the Violence Against Women Act)
  • United States v. Lanier, 117 S.Ct. 1219 (1997) (reinstating criminal civil rights conviction of state court judge who raped and sexually assaulted female court employees and litigants in his chambers)

Education

  • University of California Los Angeles School of Law (J.D., 1991)
  • Stanford University (B.A., Political Science, with distinction, 1988)
    • Honors in Humanities

Court Admissions

  • Supreme Court of California
  • United States Court of Appeals, Second Circuit
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Appeals, Tenth Circuit
  • United States Court of Appeals, Federal Circuit
  • United States Supreme Court

Professional Memberships & Activities

BAR

  • Product Liability Advisory Council, Sustaining Member (2011-present)
  • International Association of Defense Counsel (2008-present)
    • Amicus Curiae Committee, Chair (2010-present), Member (2008-present)
    • Nominating Committee, Member (2011)
    • Appellate Practice Committee, Vice-Chair (2009-present)
    • Journal Board of Editors, Member (2008-present)
  • American Law Institute, Elected Member (2010-present)
  • American Bar Association
    • Women Rainmakers Board and Steering Committee, Member (2011-present)
    • West Coast Regional Summit for Women General Counsel and Senior Women In-House Counsel, Planning Committee, Member (2011)
    • The Woman Advocate, Contributing Editor (2011-2012), Founding Editor (1996-1997)
  • National Association of Women Lawyers, Amicus Briefs Committee, Member (2011-present)
  • California State Bar Litigation Section Jury Instructions Committee, Member (2011-present)
  • Women Lawyers’ Association of Los Angeles (2000-present)
    • Board of Governors, Member (2000-2009)
    • Amicus Briefs Committee, Chair and Co-Chair (2000-2009)
  • Women Lawyers’ Association and Los Angeles County Bar Association Joint Task Force on Retaining and Promoting Women in Law Firms (2008-present)
  • Los Angeles County Bar Association, Appellate Courts Committee and Section, Member (2010-present)
  • Orange County Bar Association (1992-present)
    • Appellate Law Section, Member (2010-present)
    • Gender Equity Committee, Co-Chair
      • Gender Equity Subcommittee on Education (1997)
      • Gender Bias Manual Subcommittee (1997-1998)

COMMUNITY

  • RAND Institute for Civil Justice, Board of Overseers, Member (2011-present)
  • National Chamber Litigation Center, Member, California Litigation Advisory Committee (2011-present)
  • Justice Sandra Day O’Connor’s online iCivics education program, State Coordinator (2010-present)
  • Vision 2020 Equality in Sight Conference and Initiative, California Ambassador (2010-present)
  • Break the Cycle, Board of Directors President (2009-2010), Board of Directors Member (2007-2010)
  • Claremont Graduate University
    • School of Arts and Humanities, Board of Advisors (2006-present)
    • Executive Committee, Board of Advisors (2010-present)
  • LACMA Modern and Contemporary Art Council (2006-present)
    • Art Here and Now Selection Committee (2007, 2009)
    • Executive Committee (2010-present)
  • Opera Pacific, Board of Directors, Member (1996-2005)
  • Jurist: Books-on-Law, Contributing Editor (Nov. 2000-June 2001)

Representative Presentations & Publications

MEDIA

REPRESENTATIVE PUBLICATIONS
Practice Guides

  • Preliminary Opposition Authorized by Rules of Court, Opposition and Reply, Author, Mitchell E. Abbott et al., 2 California Civil Writ Practice, Chapters 21, 23 (4th ed. 2008)
  • Writs and Appeals, Consultant, Mitchell E. Abbott et al., 2 California Civil Discovery Practice, Chapter 16, at 1409-42 (4th ed. 2006)

Law Reviews and Academic Journals

  • On the Cutting-Edge: As Pending Supreme Court Cases Concerning Contraceptive Coverage and Second-Parent Adoption Show, California Continues to be at the Forefront of the Law, Author, 11 S. Cal. Rev. L. & Women’s Stud. 399 (2002)
  • Nguyen v. INS and Sex Stereotyping in Citizenship Laws: Building on the Equal Protection Legacy of Ruth Bader Ginsburg, Author, 10 S. Cal. Rev. L. & Women’s Stud. 293 (2001)
  • United States v. Morrison: The United States Supreme Court, the Violence Against Women Act and the “New Federalism,” Author, 9 S. Cal. Rev. L. & Women’s Stud. 301 (2000)
  • Effective Amicus Practice Before the United States Supreme Court: A Case Study, Author, 8 S. Cal. Rev. L. & Women’s Stud. 187 (1999)
  • Litigating Women’s Rights as Human Rights: The Case of United States v. Lanier, Author, 7 S. Cal. Rev. L. & Women’s Stud. 329 (1998)

Legal Practitioner Publications

REPRESENTATIVE SPEAKING ENGAGEMENTS

  • Recent Supreme Court Decisions Affecting Food, Drug and Medical Device Claims, Panelist, HB Litigation Conferences Food, Drug & Medical Device Forum, Minneapolis, MN (April 2012)
  • Judicial and In-House Roundtable, Moderator, HB Litigation Conference Food, Drug & Medical Device Forum, Minneapolis, MN (April 2012)
  • U.S. and California Supreme Court Game-Changing Cases of 2011 and Beyond: How Will They Impact Your Business?, Speaker, Roundtable Presentation, Snell & Wilmer, Costa Mesa, CA (April 2012)
  • Preserving the Record for Appeal, Panelist, Robert Banyard Inn of Court, Costa Mesa, CA (March 2012)
  • Oral Argument on Appeal, Panelist, Orange County Bar Association Appellate Law Section (January 2012)
  • Appeals: Winning Strategies and Skills from Start to Finish, Panelist and Seminar Organizer, Pincus Professional Education (November 2011)
  • Storytelling for Appellate Lawyers, Panelist and Seminar Co-Creator, Pincus Professional Education (November 2011)
  • Motions During and After Trial, Panelist and Moderator, Continuing Education of the Bar (CEB) (June 2011)
  • Inspiring Boldness, Speaker, Leading Speaker Series, Marymount High School, Los Angeles, California (March 2011)
  • 2011 Women Litigators Forum, Moderator, Master Women Litigators Panel, Women Lawyers' Association of Los Angeles, Los Angeles, California (March 2011)
  • Storytelling in Appellate Briefs, Panelist, Los Angeles County Bar Association Appellate Courts Committee (November 2010)
  • UC Irvine Law School Guest Speaker Series, Speaker (August 2010)
  • The Next Justice? The Kagan Hearings and Where She Might Take the Court, Panelist, American Constitution Society (Los Angeles), Federalist Society (Los Angeles), and Women Lawyers’ Association of Los Angeles (July 2010)
  • Civil Appellate Practice: From the Standpoint of the Practitioner, Panelist, Continuing Education of the Bar (CEB) (May 2010)
  • Lessons from Outside the Law: Success Stories from Top Businesswomen, Moderator, Los Angeles County Bar Association and Woman Lawyers’ Association of Los Angeles Summit on Retaining and Promoting Women in Law Firms, Los Angeles, California (November 2009)
  • Living to Fight Another Day: What Every Savvy Trial Lawyer Should Know About Appeals, Speaker, BVR Legal/Mealey’s Conference: Benzene Litigation, Marina del Rey, California (July 2008)
  • Women’s Rights and the U.S. Supreme Court, Speaker, Women in Leadership, Costa Mesa, California (February 2000, September 2001, July 2003, September 2004, October 2005)
  • Winning Ways with Judges, Panelist, American Bar Association (June 2002)
  • Federal Appellate Practice, Panelist, Federal Bar Association, Los Angeles Chapter (April 2002)
  • Effective Amicus Practice Before the U.S. Supreme Court: A View from the Trenches, Speaker, The Orange County Bar Association Appellate Law Section (August 2000)

Professional Recognition & Awards

  • Top Women Lawyers of 2012, The Daily Journail (2012)
  • Top Women Lawyers of 2011, The Daily Journal (2011)
  • Visionary of The Year Award, Coastline Community College Foundation (2011)
  • "20 Women to Watch" in Orange County, OC Metro Business Magazine (2011)
  • Alpha Phi International Fraternity Frances E. Willard Award (2010)
  • Top Woman Litigator, Los Angeles Daily Journal (2010, 2005)
  • The Best Lawyers in America®, Appellate Law (2010-2012)
  • Southern California Super Lawyers®, Appellate (2004-2012)
    • Top 50 Females in Southern California (2008-2012)
    • Top 50 Attorneys, Orange County (2012)
  • Super Lawyers®, Appellate - Business Edition (2011)
  • Super Lawyers®, Appellate - Corporate Counsel Edition (2009-2010)
  • Top 25 Lawyers in San Fernando Valley, San Fernando Valley Business Journal (2007)

Other Professional Experience

  • Horvitz & Levy LLP, Partner (2003-2010), Associate (1997-2002)
  • Irell & Manella LLP, Associate (1992-1997)
  • U.S. Court of Appeals, Ninth Circuit, Law Clerk to Hon. Ferdinand F. Fernandez (1993-1994)
  • U.S. District Court, Central District of California, Law Clerk to Hon. Alicemarie H. Stotler (1991-1992)
  • U.S. Court of Appeals, Ninth Circuit, Extern to Hon. Dorothy W. Nelson (1990)