Josephine K. Petrick

Counsel

(510) 992-4520 | jpetrick@nortonlaw.com | VCF

Josephine is Counsel at The Norton Law Firm.  As a California State Bar-Certified Appellate Specialist, she brings a broad strategic perspective to advancing clients’ litigation goals, from early case assessment to motion practice and appeal.  Josephine draws on her experience as a federal appellate law clerk and trial and appellate litigator to obtain excellent results for her clients, both in court and outside of it.

Before joining The Norton Law Firm, Josephine worked as Senior Counsel at Hanson Bridgett LLP, where she helped establish and grow the firm’s appellate practice and supported trial counsel at all stages of litigation, from strategy to law and motion, post-trial, and appellate matters.

Josephine served as law clerk to the Honorable James L. Dennis on the U.S. Court of Appeals for the Fifth Circuit.  She began her career at the appellate litigation boutique Horvitz & Levy LLP, and worked for other litigation boutiques litigating complex and high-stakes business, commercial, securities, insurance, and environmental matters.  She served on the litigation teams successfully representing State Attorneys General in complex, large-scale matters, including the Deepwater Horizon litigation.  Josephine brings her litigation experience to bear in counseling clients and trial litigators on strategy and key legal issues arising at all phases of a dispute.

Josephine has also authored numerous amicus briefs in the U.S. Supreme Court, California Supreme Court, Ninth Circuit, and other courts.

Josephine received a B.A. in Linguistics from the University of California at Berkeley (Highest Honors and Phi Beta Kappa) and a J.D. from the University of California, Hastings College of the Law (magna cum laude and Order of the Coif).  She was a Senior Articles Editor of the Hastings Law Journal, was a member of the Moot Court Board, served as an intern for Judge Edward Chen on the U.S. District Court for the Northern District of California.

Josephine is licensed to practice in California and Louisiana, and is admitted to practice before the U.S. Supreme Court, and numerous federal appellate and district courts.

Some recent highlights of Josephine’s practice include:

• Obtained a definitive appellate victory for international apparel brand in patent licensing dispute, successfully persuading the Federal Circuit not to expand the reach of Ninth Circuit precedent overturning arbitral awards due to the arbitrators’ ownership interest in JAMS.  Levi Strauss & Co. v. Aqua Dynamics, Inc., No. 21-1871, 2022 WL 61164 (Fed. Cir. Jan. 6, 2022); see “Fed. Circ. Won’t Touch Levi’s Win In Royalty Arbitration,” Law360 (January 2022).
  
• Litigated novel question of nationwide significance regarding insurance coverage of business-interruption losses in the wake of the Coronavirus pandemic.  Kevin Barry Fine Art Assocs. v. Sentinel Ins. Co., No. 21-15240 (9th Cir.) (pending); see “Gallery Says Calif. Virus Coverage Win Fits Its 9th Circ. Appeal,” Law360 (July 2022); “Hartford Unit Fights Gallery’s Virus Coverage Suit At 9th Circ.,” Law360 (August 2021).
  
• Litigated novel issue regarding the scope of attorney fees available in insurance bad-faith cases under Brandt v. Superior Court, 37 Cal. 3d 813, 693 P.2d 796 (1985), securing favorable settlement for client following briefing and oral argument. Sahadi v. Liberty Mut. Ins., No. 19-17015 (9th Cir. Apr. 7, 2021).
  
• Secured published victory for clients seeking to secure equal, public access to the California coast, in appeal testing the scope and limits of California’s anti-SLAPP law in the context of civil conspiracy claims.  Spencer v. Mowat, 46 Cal. App. 5th 1024 (2020); see, e.g., “The Volokh Conspiracy: Surf Thugs Lawsuit Can Proceed,” Reason (April 2020); Ian Lovett, “California Surfers Look to Courts for Relief Against ‘Bay Boys’,” New York Times (April 2016).
  
• Obtained victory on behalf of property managers in the Ninth Circuit Court of Appeals, which affirmed the district court’s order dismissing a meritless securities lawsuit against them. Lantz Retirement Investments, LLC v. Glover, No. 22-15171 (May 18, 2023).
  
• Litigated novel question of arbitration law in Federal Arbitration Act appeal arising from CERCLA contribution action.  PolyOne Corp. v. Westlake Vinyls, Inc., 937 F.3d 692 (6th Cir. 2019). 
  
• Obtained favorable opinion holding that consumer could not state deceptive marketing claims regarding client’s “almond milk” products, despite federal regulations narrowly defining “milk.”  Painter v. Blue Diamond Growers, 757 F. App’x 517 (9th Cir. 2018); see ​​“9th Circ. Won’t Revive Almond Milk Labeling Suit,” Law360 (Dec. 2018).
  
• Represented behavioral science and economics scholars, including Nobel Prize recipients, as amici in U.S. Supreme Court cases concerning interplay between free speech and equal protection rights.  Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 138 S. Ct. 1719, 201 L. Ed. 2d 35 (2018); 303 Creative LLC v. Elenis, 600 U.S. 570 (2023).
  
• Represented online media company in action brought by prominent public figure seeking to use the judicial system to unveil the identity of an online user with respect to user’s post of widespread public interest.  Robert F. Kennedy, Jr. v. Kos Media, LLC, No. HG21107215 (Alameda Superior Court) (ongoing).
  
• Defeated class certification in consumer class action against national retailer.  Cover v. Windsor Surry Co., No. 14-CV-05262-WHO, 2017 WL 9837932 (N.D. Cal. July 24, 2017).
  
• On behalf of tribal leaders, won dismissal with prejudice of third-party complaint in complex federal RICO action with hundreds of millions at stake.  Paskenta Band of Nomlaki Indians v. Crosby, No. 2:15-cv-00538-MCE-CMK, 2016 WL 3854237 (E.D. Cal. July 15, 2016).
  
• Successfully represented directors, officers, companies, and investment funds in a variety of securities and derivative actions, including putative class actions.
  
• Served as appellate and strategic advisor to litigation team in series of complex environmental class actions and FCA suits against environmental remediation company.  Tetra Tech Litigation (N.D. Cal.) (ongoing).
  
• Served on litigation team in large-scale environmental case through historic, record-breaking settlement on behalf of the State of Louisiana.  In re Deepwater Horizon, MDL No. 2179, Nos. 10-3059 & 11-0516 (E.D. La. 2010-2015); see, e.g., “BP to pay $18.7 billion to federal government, 5 states to settle oil spill claims,” NOLA.com (July 2, 2015).
  
• Served on litigation team in historic environmental case from trial, post-trial briefing, through record-breaking settlement, on behalf of the State of New Jersey.  N.J. Dep’t Envtl. Prot. v. ExxonMobil Corp., Nos. UNN-L3026-04 & UNN-L-1650-05 (N.J. Sup. Ct. Law Div. 2014- 2015).