In its annual review of the largest and most significant verdicts and appellate reversals in California, The Daily Journal named Altshuler Berzon LLP’s victory in Vergara v. California as the top appellate reversal of 2016.
The plaintiffs in Vergara had sued the State of California, several state officials, and three school districts in 2012, alleging that five statutes that provide California public school teachers with certain job security protections after a two-year probationary period violated the equal protection provisions of the California Constitution by causing students to be assigned to “grossly ineffective teachers” in violation of their fundamental right to educational equality. The California Teachers Association and the California Federation of Teachers, represented by Altshuler Berzon LLP, intervened to help the State defend the statutes’ constitutionality.
After an eight-week trial, the trial court invalidated all five statutes. The Court of Appeal unanimously reversed, ordering judgment to be entered in favor of the State and the teacher union intervenors, and against the plaintiffs. The Court of Appeal held that the plaintiffs’ equal protection theories were fundamentally flawed, and that the challenged statutes do not violate equal protection because the statutes do not require different treatment of any identifiable groups of students, do not cause any school district to hire, fire, or assign any particular teacher to any particular student, and do not result in disproportionate assignment of less effective teachers to low-income or minority students. Plaintiffs filed a petition requesting that the California Supreme Court review the Court of Appeal’s decision, but the Supreme Court denied that petition on August 22, 2016.
Altshuler Berzon LLP partners Michael Rubin, Stacey Leyton, Eileen Goldsmith, and Casey Pitts principally handled the appeal for the teachers unions and were featured in The Daily Journal’s article on the Vergara victory.