Neil Papiano
Encyclopedia
Neil Papiano born November 25, 1934 (age 77), in Salt Lake City, Utah
, is an American lawyer, and managing partner of Iverson, Yoakum, Papiano & Hatch. He received B.A. and M.A. degrees from Stanford University
, the latter in 1957, and an LL.B. from Vanderbilt University
Law School in 1961. He was admitted to the State Bar of California in 1961 and is a member of the Los Angeles County and American Bar Associations. His practice areas are civil litigation and appellate practice, entertainment law
, libel and defamation litigation, and corporation and securities law.
owner Charlie Finley to file a restraint-of-trade lawsuit against Major League Baseball
and Commissioner Bowie Kuhn
. In the Spring of 1976, Finley commenced a "fire sale" of the team's highly paid players, including Reggie Jackson
. When Finley sold Vida Blue
to the New York Yankees
and Joe Rudi
and Rollie Fingers
to the Boston Red Sox
, Kuhn voided the sales as being contrary to the "best interest of baseball." Papiano and Finley lost the case, as the court ruled that "the Commissioner has the authority to determine whether any act, transaction, or practice is not within the best interest of baseball, and upon such determination, to take whatever preventative or remedial action he deems appropriate, whether or not the act, transaction, or practice complies with the Major league Rules or involves moral turpitude." Charles O. Finley vs. Bowie Kuhn, 7th Circuit, 1978. The judge stated that the question before him was not whether he agreed with Kuhn's action, but whether Kuhn had the power to act.
in a lawsuit against The Enquirer for libel and defamation of character. Papiano and Taylor cited two articles, one that said she had brought liquor into her hospital room when she was ill and another that said she was suffering from lupus. While the case was pending, Papiano complained to The New York Times
about The Enquirer' s litigation tactics, which included filing motions asserting that the complaint was insufficient, seeking to move the case from state to federal court and requesting Ms. Taylor's medical records from the past 30 years. Papiano stated: "I think they'll do everything they can to drag this on for a while. Their object is to drag their feet. is to move forward." The case was settled in May 1991, with the Enquirer issuing an apology and paying an undisclosed amount of money. While neither side would disclose the amount of the settlement, Papiano said, "Miss Taylor is very delighted with it, and small things do not make her happy."
Papiano filed a second suit for Taylor against the National Enquirer in the mid-1990s. That suit alleged that a March 1993 article about Taylor and husband Larry Fortensky
's alleged involvement in a property dispute had damaged their reputation and invaded their privacy. The suit was unsuccessful, and in November 1996 Superior Court Judge Fumiko Wasserman ordered Taylor and Fortensky to pay $432,600 to cover the Enquirer's legal costs.
Papiano also represented Taylor in the mid-1990s in an unsuccessful effort to "quash" an NBC mini-series about Taylor's life, and in connection with the dissolution of her marriage to Larry Fortensky in the mid-1990s.
The ruling entitles Garvey to more than $3 million, plus interest, from a $280 million fund created by baseball team owners in 1990 for players affected by the collusion, said Garvey's lawyer, Neil Papiano.
In the federal appeals court, Garvey won the case of collusion against baseball owners, with the help of a former San Diego Padres president who came forward after a decade to support the former first baseman's claim after an arbitration decision found that major-league owners agreed to hold down signings and salaries of free agents from 1985 through 1987.
in a suit against the publisher of a tabloid newspaper. The newspaper published a story in 1991 that included photographs taken with a high technology lens of Collins and a male guest and their conduct while on private property. In addition to claims for invasion of privacy and defamation, the suit filed by Papiano on Collins' behalf alleged that the taking of the photographs and the publication and distribution of the article were "racketeering" activities and attempted to allege a Racketeer Influenced and Corrupt Organizations Act
(RICO) cause of action. In August 1992, the California Court of Appeal directed the lower court to dismiss the RICO claim. Globe International, Inc. v. Superior Court (Joan Collins), 9 Cal. App. 4th 393 (Cal. Ct. App. 1992).
in a lawsuit against Warner Bros.
, accusing the studio and Clint Eastwood
of conspiring to keep her out of work. Locke's lawsuit alleged that after Eastwood ended his relationship with her, he settled her palimony
claim in part by telling Locke he had set up a three-year, $1.5 million development deal for her at Warner Bros. After the studio rejected all of her projects, she accused the studio of conspiring to keep her from directing, producing and acting as a favor to Eastwood, one of Hollywood's biggest stars. In 1999, the suit was settled, though the terms of Locke's settlement were not disclosed.
was also involved in the negotiations to end the bus strike.
, seeking $1 million from Columbia Pictures
for payments allegedly due for Matthau's work on the 1969 film Cactus Flower and the 1978 film California Suite. The lawsuit alleged breach of contract and fraud.
In 2007, Papiano represented Matthau's son in a suit with the William Morris Agency
, which was Matthau's agent from 1960-2000. The agency alleged that, during Matthau's lifetime, he had paid the agency ten percent of his income on contracts negotiated or procured by the agency. The agency also alleged that, after Matthau's death, his wife continued making the payments. When Matthau's son succeeded to his father's interests in 2004, the agency alleged that he ceased making payments. Papiano successfully argued to the Court of Appeal that the arbitration agreement signed by Matthau with the agency was not binding on his son.
priest in a lawsuit filed against the Roman Catholic Archdiocese of Los Angeles stemming from an accusation to the Church that the Monsignor had molested a grade-school girl more than 30 years earlier in Southern California, even though he had never been criminally charged. The libel action was filed in Los Angeles County Superior Court against the woman who made the accusations, as well as the woman's lawyer and the Survivors Network of those Abused by Priests
, a national advocacy group for priest sex abuse victims. Papiano said of the priest: "We're defending his honor." The defendants contended that the libel action was intended to silence victims of priest abuse, a move they said contradicted the U.S. bishops' invitation to victims to come forward. The national director of SNAP said of the suit filed by Papiano:
"It's clearly an intimidation tactic." Papiano said that his client wanted the woman, the law firm and SNAP to drop their allegations of abuse and issue apologies. "All they have to do is just walk away now", Papiano was quoted as saying. But if the case progressed, Papiano said he would incur costs that he would attempt to recover from the plaintiffs.
In May 2004, Judge Jon M. Mayeda threw out the libel lawsuit as to the Survivors Network. The regional director of the Survivors Network, Mary Grant, noted at the time: "Church leaders for too long have been allowed to isolate victims, blame them as though the crime was their fault. ... This is a public safety issue and we're not going to be silent about it." Grant called tho woman a "brave survivor" and said that because the priest remained in active ministry, "we are worried about the safety of youngsters around him." Papiano noted in court that Alzugaray was cleared by two church investigations. Papiano asserted that his client "is not a molester. He has never been a molester" and added that the judge's decision would be appealed.
In September 2004, the libel suit against the woman's lawyer was also stricken by the court, a decision which was subsequently affirmed by the California Court of Appeal.
In September 2006, the Survivors Network
filed a lawsuit accusing Papiano and the priest of malicious prosecution.
In July 2007, the Roman Catholic Archiocese of Los Angeles settled the case. Papiano said the Archdiocese reached settlement in his case without his client's permission. Papiano told the Associated Press: "Here's a good man, a real good man who has always been wonderful to the church who just gets left out of this." At the time of the settlement (which included more than 500 other claims), Cardinal Roger Mahony made a public apology, saying: "There really is no way to go back and give them that innocence that was taken from them. The one thing I wish I could give the victims ... I cannot."
in a lawsuit against Vincent Andrews, Robert Andrews, and Vincent Andrews Management Corp. Defendants had been the jockeys' investment advisors for nearly 20 years from 1969 to 1988. After losing money on investments, the jockeys sued the Andrews in 1989 alleging of breach of contract, breach of fiduciary duty, and violations of the federa Racketer Influenced and Corrupt Organizations (RICO) statute. A jury returned verdicts on both the state and RICO claims against the Andrews, awarding Pincay $670,685 and McCarron $313,000 in compensatory damages. Pincay also received $2.25 million, and McCarron roughly $1.3 million, in punitive damages for the state law violations. Pincay was ordered to elect a remedy, and he chose to pursue the RICO judgment. This judgment was reversed on appeal on the ground that the RICO claim was barred by the federal statute of limitations. Pincay v. Andrews, 238 F.3d 1106, 1110 (9th Cir. 2001). On remand, Pincay elected to pursue the remedy on his California law claim, and judgment was entered in his favor on July 3, 2002. Pincay v. Andrews, No. 02-56577 (9th Cir. Nov. 2004). In December 2005, the U.S. Supreme Court denied the defendants' petition for a writ of certiorari. As of February 2006, the horse-racing publication The Blood-Horse reported that Pincay was owed nearly $4.5 million and McCarron just under $2.4 million. http://news.bloodhorse.com/viewstory.asp?id=32182
Other clients include Nederlander Organization
, The Thoroughbred Corporation, and Lockheed Martin
. Papiano appeared on ESPN SportsCentury twice.
. According to the Times, Bernson paid Papiano $140,000 for a half-interest in an ocean-view condominium with an assessed value of $387,000. Allegations also arose that Papiano's law firm had provided free legal services to Bernson while the Ethics Commission was investigating Bernson for using officeholder accounts to buy season tickets to the Hollywood Bowl. However, these services were not those provided by Papiano, considered a "volunteer" lawyer, but by two lawyers and a paralegal at the firm who at one point used about 10 percent of their time during certain months of 1996-97 on the Bernson matter. Bernson ultimately agreed to pay $3,000 in fines for accepting excessive free legal services, and the Commission also imposed a $4,000 fine on Papiano's law firm. The fine was the first of its kind issued by the Ethics Commission. While Papiano's firm claimed that it did not know its free legal work for Bernson could be considered a campaign contribution, Ethics Commissioner Dale Bonner questioned the claim by the law firm. The stipulated agreement signed by Bernson and Papiano's firm admitted: "The councilman and his officeholder expense fund committee were never billed by the firm and the councilman and his officeholder expense fund committee never paid for the legal services . . . " The Los Angeles Times also reported that an independent hearing officer reported that "Papiano told ethics officials that he would provide detailed information about how money from Bernson's officeholder account was used to buy Hollywood Bowl tickets if ethics officials would agree to drop the case against Bernson."
Papiano's civic activities include serving on the board of trustees of American University
, Washington, D.C., from 1981-1995 and service on the Board of Advisors of the Alzheimer's Association of Los Angeles, 2006-2007. He has served as a member of the Board of Trustees of the Orthopedic Hospital (Los Angeles) and as a Lecturer at the UC-Davis School of Law
, McGeorge School of Law
(part of University of the Pacific), and Georgetown University Law Center
. Papiano also has been Chairman of the Board of the Los Angeles Civic Light Opera Association and Los Angeles Forward (organization of 350 Los Angeles business persons and labor leaders formed to adopt a new Charter for the City) and member of the Board of Directors of the Los Angeles Performing Arts Council and Los Angeles Music Center Operating Company.
Papiano made a donation to the Los Angeles Zoo for a children's play park which bears his name. He also established the Ruth Papiano Giolman Scholarship at the University of Utah School of Social Work. and co-established the Winefred H. Dyer Scholarship at the University of Utah (please see page 12 of Scholarship Information for 2008–2009)
Papiano is also active in politics, having made contributions to the Republican National Committee
($25,000 in 2004), the Republican Party of Florida ($1,000 in 2001), the Republican Central Committee of Los Angeles County, Republicans Rudy Svorinich
, Christopher Cox, Kay Bailey Hutchison
, and Democrats Robert Torricelli
, Mark J. Green
, Rocky Delgadillo
, Zev Yaroslavsky
.
Salt Lake City, Utah
Salt Lake City is the capital and the most populous city of the U.S. state of Utah. The name of the city is often shortened to Salt Lake or SLC. With a population of 186,440 as of the 2010 Census, the city lies in the Salt Lake City metropolitan area, which has a total population of 1,124,197...
, is an American lawyer, and managing partner of Iverson, Yoakum, Papiano & Hatch. He received B.A. and M.A. degrees from Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
, the latter in 1957, and an LL.B. from Vanderbilt University
Vanderbilt University
Vanderbilt University is a private research university located in Nashville, Tennessee, United States. Founded in 1873, the university is named for shipping and rail magnate "Commodore" Cornelius Vanderbilt, who provided Vanderbilt its initial $1 million endowment despite having never been to the...
Law School in 1961. He was admitted to the State Bar of California in 1961 and is a member of the Los Angeles County and American Bar Associations. His practice areas are civil litigation and appellate practice, entertainment law
Entertainment law
Entertainment law or media law is a term for a mix of more traditional categories of law with a focus on providing legal services to the entertainment industry. The principal areas of Entertainment Law overlap substantially with the well-known and conventional field of intellectual property law...
, libel and defamation litigation, and corporation and securities law.
Finley vs. Kuhn
In the mid-1970s, Papiano was hired by Oakland AthleticsOakland Athletics
The Oakland Athletics are a Major League Baseball team based in Oakland, California. The Athletics are a member of the Western Division of Major League Baseball's American League. From to the present, the Athletics have played in the O.co Coliseum....
owner Charlie Finley to file a restraint-of-trade lawsuit against Major League Baseball
Major League Baseball
Major League Baseball is the highest level of professional baseball in the United States and Canada, consisting of teams that play in the National League and the American League...
and Commissioner Bowie Kuhn
Bowie Kuhn
Bowie Kent Kuhn was an American lawyer and sports administrator who served as the fifth Commissioner of Major League Baseball from February 4, , to September 30,...
. In the Spring of 1976, Finley commenced a "fire sale" of the team's highly paid players, including Reggie Jackson
Reggie Jackson
Reginald Martinez "Reggie" Jackson , nicknamed "Mr. October" for his clutch hitting in the postseason with the New York Yankees, is a former American Major League Baseball right fielder. During a 21-year baseball career, he played from 1967-1987 for four different teams. Jackson currently serves as...
. When Finley sold Vida Blue
Vida Blue
Vida Rochelle Blue Jr. is a former Major League Baseball left-handed pitcher. During a 17-year career, he pitched for the Oakland Athletics , San Francisco Giants , and Kansas City Royals He won the American League Cy Young award and Most Valuable Player Award in 1971...
to the New York Yankees
New York Yankees
The New York Yankees are a professional baseball team based in the The Bronx, New York. They compete in Major League Baseball in the American League's East Division...
and Joe Rudi
Joe Rudi
Joseph Oden Rudi is a former left fielder in Major League Baseball who played for the Kansas City & Oakland Athletics , California Angels and Boston Red Sox . He batted and threw right-handed...
and Rollie Fingers
Rollie Fingers
Roland Glen Fingers is a former Major League Baseball relief pitcher. During his 18-year baseball career, he pitched for the Oakland Athletics , San Diego Padres and Milwaukee Brewers . He became only the second reliever to be elected to the National Baseball Hall of Fame in 1992...
to the Boston Red Sox
Boston Red Sox
The Boston Red Sox are a professional baseball team based in Boston, Massachusetts, and a member of Major League Baseball’s American League Eastern Division. Founded in as one of the American League's eight charter franchises, the Red Sox's home ballpark has been Fenway Park since . The "Red Sox"...
, Kuhn voided the sales as being contrary to the "best interest of baseball." Papiano and Finley lost the case, as the court ruled that "the Commissioner has the authority to determine whether any act, transaction, or practice is not within the best interest of baseball, and upon such determination, to take whatever preventative or remedial action he deems appropriate, whether or not the act, transaction, or practice complies with the Major league Rules or involves moral turpitude." Charles O. Finley vs. Bowie Kuhn, 7th Circuit, 1978. The judge stated that the question before him was not whether he agreed with Kuhn's action, but whether Kuhn had the power to act.
Elizabeth Taylor vs. The Enquirer
In 1990, Papiano represented Elizabeth TaylorElizabeth Taylor
Dame Elizabeth Rosemond "Liz" Taylor, DBE was a British-American actress. From her early years as a child star with MGM, she became one of the great screen actresses of Hollywood's Golden Age...
in a lawsuit against The Enquirer for libel and defamation of character. Papiano and Taylor cited two articles, one that said she had brought liquor into her hospital room when she was ill and another that said she was suffering from lupus. While the case was pending, Papiano complained to The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
about The Enquirer
Papiano filed a second suit for Taylor against the National Enquirer in the mid-1990s. That suit alleged that a March 1993 article about Taylor and husband Larry Fortensky
Larry Fortensky
Larry Fortensky is a construction worker best known as the eighth and last husband of actress Elizabeth Taylor.Fortensky and Taylor were married on October 6, 1991, at Michael Jackson's Neverland Ranch and divorced on October 31, 1996....
's alleged involvement in a property dispute had damaged their reputation and invaded their privacy. The suit was unsuccessful, and in November 1996 Superior Court Judge Fumiko Wasserman ordered Taylor and Fortensky to pay $432,600 to cover the Enquirer's legal costs.
Papiano also represented Taylor in the mid-1990s in an unsuccessful effort to "quash" an NBC mini-series about Taylor's life, and in connection with the dissolution of her marriage to Larry Fortensky in the mid-1990s.
Steve Garvey
The 9th U.S. Circuit Court of Appeals in San Francisco overturned an arbitrator's ruling that found the Padres' refusal to extend Garvey's contract beyond the 1987 season was not the result of collusion between club owners.The ruling entitles Garvey to more than $3 million, plus interest, from a $280 million fund created by baseball team owners in 1990 for players affected by the collusion, said Garvey's lawyer, Neil Papiano.
In the federal appeals court, Garvey won the case of collusion against baseball owners, with the help of a former San Diego Padres president who came forward after a decade to support the former first baseman's claim after an arbitration decision found that major-league owners agreed to hold down signings and salaries of free agents from 1985 through 1987.
Joan Collins vs. Globe International
Papiano also represented Joan CollinsJoan Collins
Joan Henrietta Collins, OBE , is an English actress, author, and columnist. Born in Paddington and raised in Maida Vale, Collins grew up during the Second World War. At the age of nine, she made her stage debut in A Doll's House and after attending school, she was classically trained as an actress...
in a suit against the publisher of a tabloid newspaper. The newspaper published a story in 1991 that included photographs taken with a high technology lens of Collins and a male guest and their conduct while on private property. In addition to claims for invasion of privacy and defamation, the suit filed by Papiano on Collins' behalf alleged that the taking of the photographs and the publication and distribution of the article were "racketeering" activities and attempted to allege a Racketeer Influenced and Corrupt Organizations Act
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
(RICO) cause of action. In August 1992, the California Court of Appeal directed the lower court to dismiss the RICO claim. Globe International, Inc. v. Superior Court (Joan Collins), 9 Cal. App. 4th 393 (Cal. Ct. App. 1992).
Sondra Locke suit against Warner Brothers
Papiano represented actress Sondra LockeSondra Locke
Sondra Locke is an American actress, singer and film director.She made her film debut in The Heart Is a Lonely Hunter , for which she was nominated for an Academy Award for Best Supporting Actress...
in a lawsuit against Warner Bros.
Warner Bros.
Warner Bros. Entertainment, Inc., also known as Warner Bros. Pictures or simply Warner Bros. , is an American producer of film and television entertainment.One of the major film studios, it is a subsidiary of Time Warner, with its headquarters in Burbank,...
, accusing the studio and Clint Eastwood
Clint Eastwood
Clinton "Clint" Eastwood, Jr. is an American film actor, director, producer, composer and politician. Eastwood first came to prominence as a supporting cast member in the TV series Rawhide...
of conspiring to keep her out of work. Locke's lawsuit alleged that after Eastwood ended his relationship with her, he settled her palimony
Palimony
Palimony is a popular term used to describe the division of financial assets and real property on the termination of a personal live-in relationship wherein the parties are not legally married. The term is a portmanteau of the words pal and alimony...
claim in part by telling Locke he had set up a three-year, $1.5 million development deal for her at Warner Bros. After the studio rejected all of her projects, she accused the studio of conspiring to keep her from directing, producing and acting as a favor to Eastwood, one of Hollywood's biggest stars. In 1999, the suit was settled, though the terms of Locke's settlement were not disclosed.
MTA bus strike
In 2000, Papiano served as a mediator in the Los Angeles Metropolitan Transportation Authority bus strike. Rev. Jesse JacksonJesse Jackson
Jesse Louis Jackson, Sr. is an African-American civil rights activist and Baptist minister. He was a candidate for the Democratic presidential nomination in 1984 and 1988 and served as shadow senator for the District of Columbia from 1991 to 1997. He was the founder of both entities that merged to...
was also involved in the negotiations to end the bus strike.
Walter Matthau Estate vs. Columbia Pictures
In May 2002, Papiano filed a lawsuit on behalf of the Estate of Walter MatthauWalter Matthau
Walter Matthau was an American actor best known for his role as Oscar Madison in The Odd Couple and his frequent collaborations with Odd Couple star Jack Lemmon, as well as his role as Coach Buttermaker in the 1976 comedy The Bad News Bears...
, seeking $1 million from Columbia Pictures
Columbia Pictures
Columbia Pictures Industries, Inc. is an American film production and distribution company. Columbia Pictures now forms part of the Columbia TriStar Motion Picture Group, owned by Sony Pictures Entertainment, a subsidiary of the Japanese conglomerate Sony. It is one of the leading film companies...
for payments allegedly due for Matthau's work on the 1969 film Cactus Flower and the 1978 film California Suite. The lawsuit alleged breach of contract and fraud.
In 2007, Papiano represented Matthau's son in a suit with the William Morris Agency
William Morris Agency
WME is the largest talent agency in the world, with offices in Beverly Hills, New York City, Nashville, London, and Miami. WME represents elite artists from all facets of the entertainment industry, including motion pictures, television, music, theatre, publishing, and physical production...
, which was Matthau's agent from 1960-2000. The agency alleged that, during Matthau's lifetime, he had paid the agency ten percent of his income on contracts negotiated or procured by the agency. The agency also alleged that, after Matthau's death, his wife continued making the payments. When Matthau's son succeeded to his father's interests in 2004, the agency alleged that he ceased making payments. Papiano successfully argued to the Court of Appeal that the arbitration agreement signed by Matthau with the agency was not binding on his son.
Laffit Pincay suit against ambulance company
In 2007, Papiano represented jockey Laffit Pincay Jr. in a lawsuit against an ambulance company (Huntington Ambulance) alleging that Pincay suffered two broken bones in his neck during a riding accident in 2003, and that the ambulance company failed to follow appropriate procedures when its employees allowed Pincay to walk under his own power to the ambulance. Pincay was awarded $2.7 million. After the award, Papiano said: "This was a justifiable result for the circumstances and the lack of treatment, the jury found that with proper treatment, Laffit would still be riding today."Libel suit by Napa priest
In 2004, Papiano filed a libel action on behalf of a NapaNapa, California
-History:The name Napa was probably derived from the name given to a southern Nappan village whose people shared the area with elk, deer, grizzlies and cougars for many centuries, according to Napa historian Kami Santiago. At the time of the first recorded exploration into Napa Valley in 1823, the...
priest in a lawsuit filed against the Roman Catholic Archdiocese of Los Angeles stemming from an accusation to the Church that the Monsignor had molested a grade-school girl more than 30 years earlier in Southern California, even though he had never been criminally charged. The libel action was filed in Los Angeles County Superior Court against the woman who made the accusations, as well as the woman's lawyer and the Survivors Network of those Abused by Priests
Survivors Network of those Abused by Priests
The Survivors Network of those Abused by Priests, known as SNAP, established in 1989, is the oldest and most active support group of survivors of clergy sexual abuse and their supporters in the United States...
, a national advocacy group for priest sex abuse victims. Papiano said of the priest: "We're defending his honor." The defendants contended that the libel action was intended to silence victims of priest abuse, a move they said contradicted the U.S. bishops' invitation to victims to come forward. The national director of SNAP said of the suit filed by Papiano:
"It's clearly an intimidation tactic." Papiano said that his client wanted the woman, the law firm and SNAP to drop their allegations of abuse and issue apologies. "All they have to do is just walk away now", Papiano was quoted as saying. But if the case progressed, Papiano said he would incur costs that he would attempt to recover from the plaintiffs.
In May 2004, Judge Jon M. Mayeda threw out the libel lawsuit as to the Survivors Network. The regional director of the Survivors Network, Mary Grant, noted at the time: "Church leaders for too long have been allowed to isolate victims, blame them as though the crime was their fault. ... This is a public safety issue and we're not going to be silent about it." Grant called tho woman a "brave survivor" and said that because the priest remained in active ministry, "we are worried about the safety of youngsters around him." Papiano noted in court that Alzugaray was cleared by two church investigations. Papiano asserted that his client "is not a molester. He has never been a molester" and added that the judge's decision would be appealed.
In September 2004, the libel suit against the woman's lawyer was also stricken by the court, a decision which was subsequently affirmed by the California Court of Appeal.
In September 2006, the Survivors Network
Survivors Network of those Abused by Priests
The Survivors Network of those Abused by Priests, known as SNAP, established in 1989, is the oldest and most active support group of survivors of clergy sexual abuse and their supporters in the United States...
filed a lawsuit accusing Papiano and the priest of malicious prosecution.
In July 2007, the Roman Catholic Archiocese of Los Angeles settled the case. Papiano said the Archdiocese reached settlement in his case without his client's permission. Papiano told the Associated Press: "Here's a good man, a real good man who has always been wonderful to the church who just gets left out of this." At the time of the settlement (which included more than 500 other claims), Cardinal Roger Mahony made a public apology, saying: "There really is no way to go back and give them that innocence that was taken from them. The one thing I wish I could give the victims ... I cannot."
Raphaelson Trial
In 2007, Papiano represented Robert Raphaelson and two others in an eight-day jury trial in Las Vegas federal court. Plaintiffs accused Papiano's client of secretly selling jointly-held season breeding rights to stallions—often years in advance—and later fabricating documents to represent to plaintiffs that they were same-year deals. The jury found in favor of plaintiffs and awarded damages of approximately $1.9 million. Coupled with a partial summary judgment of $510,625 entered against the defendants before trial, total damages approaching $2.4 million were awarded, including $1.6 million in punitive damages. Papiano argued his client was forced into secrecy because plaintiff allegedly sabotaged previous deals by wanting to hold out too long for the highest possible price. Papiano also claimed plaintiff owed Raphaelson $160,000, which he said "will probably be a separate lawsuit." Papiano said he was confident the $1.6 million in punitive damages would be reduced by a post-trial motion. Papiano also said: "You’re never happy with damages. But when you get sued for many millions of dollars, and the jury comes down with 280-some thousand dollars -- it sounds like a big number, but not when you are being sued for millions of dollars." Plaintiffs' attorney claimed the actual pre-trial settlement offer was $1,035,625, or $525,000 above the summary judgment damages. In any event, plaintiffs' attorney said that even if damages were reduced, it could hardly be claimed a victory for defendants. Plaintiffs' attorney said: "What do you think is the best outcome: Pay to settle the case … or … have a jury of your peers tell the world that you committed breach of fiduciary duty, conversion and fraud and that you acted with oppression and malice?" Raphaelson's wife, Lucille Raphaelson, was not found liable on any count. Plaintiffs also asked the court to refer aspects of the case to law enforcement for an investigation into alleged fraudulent documents. As of December 5, 2007, final judgment had yet to be entered.Pincay/McCarron vs. Andrews
Papiano represented Hall of Fame jockeys Laffit Pincay and Chris McCarronChris McCarron
Christopher John "Chris" McCarron is a retired American thoroughbred horse racing Hall of Fame jockey. He is currently working as a racing analyst for TVG Network....
in a lawsuit against Vincent Andrews, Robert Andrews, and Vincent Andrews Management Corp. Defendants had been the jockeys' investment advisors for nearly 20 years from 1969 to 1988. After losing money on investments, the jockeys sued the Andrews in 1989 alleging of breach of contract, breach of fiduciary duty, and violations of the federa Racketer Influenced and Corrupt Organizations (RICO) statute. A jury returned verdicts on both the state and RICO claims against the Andrews, awarding Pincay $670,685 and McCarron $313,000 in compensatory damages. Pincay also received $2.25 million, and McCarron roughly $1.3 million, in punitive damages for the state law violations. Pincay was ordered to elect a remedy, and he chose to pursue the RICO judgment. This judgment was reversed on appeal on the ground that the RICO claim was barred by the federal statute of limitations. Pincay v. Andrews, 238 F.3d 1106, 1110 (9th Cir. 2001). On remand, Pincay elected to pursue the remedy on his California law claim, and judgment was entered in his favor on July 3, 2002. Pincay v. Andrews, No. 02-56577 (9th Cir. Nov. 2004). In December 2005, the U.S. Supreme Court denied the defendants' petition for a writ of certiorari. As of February 2006, the horse-racing publication The Blood-Horse reported that Pincay was owed nearly $4.5 million and McCarron just under $2.4 million. http://news.bloodhorse.com/viewstory.asp?id=32182
Other matters
In 2010, Papiano defended Robert Rudolph, the recipient of a thoroughbred horse named Alison Cat who claimed that he did not purchase the horse, but rather took the horse on consignment to train, race and sell for the owner with a split of profits in excess of $160,000. Rudolph Weddington, the Plaintiff, prevailed as the jury decided that the horse was either sold to Rudolph or Rudolph stole the horse when he had the Jockey Club registration changed to his name. The horse was placed in a $32,000 claiming race by Rudolph. Weddington successfully had Alison Cat scratched from the race and filed suit against Rudolph. The case was tried in San Diego County Superior Court and the jury awarded Weddington $160,000 alternatively based upon breach of contract or conversion [civil theft]. Weddington was represented by attorney Laurence F. Haines of Escondido. The matter is currently on appeal.Other clients include Nederlander Organization
Nederlander Organization
The Nederlander Organization, founded in 1912 by David T. Nederlander and based in Detroit, Michigan, is one of the largest operators of legitimate theatres and music venuesin the United States. Its first acquisition was a lease on the Detroit Opera House in 1912. The building was demolished in...
, The Thoroughbred Corporation, and Lockheed Martin
Lockheed Martin
Lockheed Martin is an American global aerospace, defense, security, and advanced technology company with worldwide interests. It was formed by the merger of Lockheed Corporation with Martin Marietta in March 1995. It is headquartered in Bethesda, Maryland, in the Washington Metropolitan Area....
. Papiano appeared on ESPN SportsCentury twice.
Hal Bernson scandal
In 2000, Papiano became involved in an investigation by the Los Angeles Ethics Commission over what the Los Angeles Times called his "long and controversial" relationship with Los Angeles City Councilman Hal BernsonHal Bernson
Hal Bernson is an American politician who served as Los Angeles City Council member representing the 12th district. He served on the city council for 24 years, from 1979 until his retirement in 2003....
. According to the Times, Bernson paid Papiano $140,000 for a half-interest in an ocean-view condominium with an assessed value of $387,000. Allegations also arose that Papiano's law firm had provided free legal services to Bernson while the Ethics Commission was investigating Bernson for using officeholder accounts to buy season tickets to the Hollywood Bowl. However, these services were not those provided by Papiano, considered a "volunteer" lawyer, but by two lawyers and a paralegal at the firm who at one point used about 10 percent of their time during certain months of 1996-97 on the Bernson matter. Bernson ultimately agreed to pay $3,000 in fines for accepting excessive free legal services, and the Commission also imposed a $4,000 fine on Papiano's law firm. The fine was the first of its kind issued by the Ethics Commission. While Papiano's firm claimed that it did not know its free legal work for Bernson could be considered a campaign contribution, Ethics Commissioner Dale Bonner questioned the claim by the law firm. The stipulated agreement signed by Bernson and Papiano's firm admitted: "The councilman and his officeholder expense fund committee were never billed by the firm and the councilman and his officeholder expense fund committee never paid for the legal services . . . " The Los Angeles Times also reported that an independent hearing officer reported that "Papiano told ethics officials that he would provide detailed information about how money from Bernson's officeholder account was used to buy Hollywood Bowl tickets if ethics officials would agree to drop the case against Bernson."
Civic and political activities activities
Papiano is Senior Managing Partner at Iverson, Yoakum, Papiano & Hatch, a Los Angeles law firm with three members and approximately five other attorneys.Papiano's civic activities include serving on the board of trustees of American University
American University
American University is a private, Methodist, liberal arts, and research university in Washington, D.C. The university was chartered by an Act of Congress on December 5, 1892 as "The American University", which was approved by President Benjamin Harrison on February 24, 1893...
, Washington, D.C., from 1981-1995 and service on the Board of Advisors of the Alzheimer's Association of Los Angeles, 2006-2007. He has served as a member of the Board of Trustees of the Orthopedic Hospital (Los Angeles) and as a Lecturer at the UC-Davis School of Law
University of California, Davis
The University of California, Davis is a public teaching and research university established in 1905 and located in Davis, California, USA. Spanning over , the campus is the largest within the University of California system and third largest by enrollment...
, McGeorge School of Law
McGeorge School of Law
University of the Pacific, McGeorge School of Law is a private, ABA approved law school in the Oak Park neighborhood of the city of Sacramento, California. It is part of the University of the Pacific....
(part of University of the Pacific), and Georgetown University Law Center
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
. Papiano also has been Chairman of the Board of the Los Angeles Civic Light Opera Association and Los Angeles Forward (organization of 350 Los Angeles business persons and labor leaders formed to adopt a new Charter for the City) and member of the Board of Directors of the Los Angeles Performing Arts Council and Los Angeles Music Center Operating Company.
Papiano made a donation to the Los Angeles Zoo for a children's play park which bears his name. He also established the Ruth Papiano Giolman Scholarship at the University of Utah School of Social Work. and co-established the Winefred H. Dyer Scholarship at the University of Utah (please see page 12 of Scholarship Information for 2008–2009)
Papiano is also active in politics, having made contributions to the Republican National Committee
Republican National Committee
The Republican National Committee is an American political committee that provides national leadership for the Republican Party of the United States. It is responsible for developing and promoting the Republican political platform, as well as coordinating fundraising and election strategy. It is...
($25,000 in 2004), the Republican Party of Florida ($1,000 in 2001), the Republican Central Committee of Los Angeles County, Republicans Rudy Svorinich
Rudy Svorinich
Rudy Svorinich, Jr. is a Republican who served on the Los Angeles City Council representing the 15th district. A resident of San Pedro, his diverse district also included the communities of Watts, Wilmington, Harbor City, Harbor Gateway, and San Pedro. He was elected to the council in 1993 and...
, Christopher Cox, Kay Bailey Hutchison
Kay Bailey Hutchison
Kathryn Ann Bailey Hutchison, known as Kay Bailey Hutchison , is the senior United States Senator from Texas.She is a member of the Republican Party. In 2001, she was named one of the thirty most powerful women in America by Ladies Home Journal. The first woman to represent Texas in the U.S....
, and Democrats Robert Torricelli
Robert Torricelli
Robert Guy Torricelli , nicknamed "the Torch," is an American politician from the U.S. state of New Jersey. Torricelli, a Democrat, served 14 years in the U.S. House of Representatives before being elected to the U.S. Senate...
, Mark J. Green
Mark J. Green
Mark J. Green is an author, public interest lawyer and a Democratic politician who lives in New York City. He worked with Ralph Nader from 1970-1980, eventually as director of Public Citizen's Congress Watch, and is also the former president of Air America Radio .He was New York City Consumer...
, Rocky Delgadillo
Rocky Delgadillo
Rockard John "Rocky" Delgadillo is an American politician. He is the 6th and former City Attorney of Los Angeles, California.-Career:*Teacher / Coach, Los Angeles Unified School District, Franklin*Attorney, O’Melveny & Myers...
, Zev Yaroslavsky
Zev Yaroslavsky
Zev Yaroslavsky is a Los Angeles County politician. He served on the Los Angeles City Council from 1975 until 1994, when he was elected to the Los Angeles County Board of Supervisors. He was preceded in both offices by Edmund D...
.