Insights
Firm News

Farella Braun + Martel Complimented for Representation of Unnamed Victims of the Unabomber in Ninth Circuit Court of Appeals Opinion

January 16, 2009 Announcement

SAN FRANCISCO, January 16, 2009 - Kelly Woodruff and Farella Braun + Martel were complimented by the Ninth Circuit for our "extraordinary efforts" on behalf of victims of the Unabomber in a recently published decision.  Kelly was appointed by the Ninth Circuit Court of Appeals as pro bono amicus counsel for 22 of the "Unnamed Victims" of the Unabomber, Ted Kaczynski. 

Kaczynski had appealed a District Court order denying his motion for the return of his personal property, including guns, ammunition, bomb making materials, books, writings and miscellaneous personal property, and ordering that the property be sold at auction for the benefit of the four victims who had obtained restitution orders during Kaczynski's sentencing (the "Named Victims").  The Ninth Circuit had previously appointed pro bono counsel for the Named Victims, who participated in the District Court proceedings and had a voice in the plan for the disposition of the property.  On appeal, the Ninth Circuit appointed counsel for the Unnamed Victims, those victims who chose not to seek restitution from Kaczynski, to present their views as well. 

Although all the victims agreed that the Ninth Circuit should affirm the District Court's denial of Kaczynski's motion, the Unnamed Victims argued that the issue of how the property was ultimately disposed of was not a proper issue for appeal and that the District Court's approval of the plan to auction the property should be reversed and remanded to consider the opinions of the Unnamed Victims.  In particular, the Unnamed Victims did not want Kaczynski's property sold, preferring instead that it be sold or destroyed to avoid further publicity about the Unabomber.  The Ninth Circuit rejected each of Kaczynski's arguments and affirmed the District Court in all respects, including approval of the plan to sell the property.  Although the Unnamed Victims were disappointed that the plan for disposition of Kaczynski's property was affirmed without the opportunity to present their viewpoints, they were extremely pleased that the Ninth Circuit affirmed the District Court's denial of Kaczynski's motion for the return of his property.

Farella Braun + Martel represents clients throughout the United States and abroad in sophisticated business transactions and high-stakes commercial, civil and criminal litigation. Founded in 1962, the firm is headquartered in San Francisco and maintains an office in the Napa Valley focused on the wine industry. Farella Braun + Martel lawyers are known for their imaginative legal solutions, dynamism and intellectual creativity. With an unwavering service ethic and interdisciplinary team approach, the firm is committed to advancing clients' objectives in the most effective, coordinated and efficient manner. Farella Braun + Martel is a green business. www.fbm.com

Contact:

Cheryl Loof
Farella Braun + Martel
415.954.4433
[email protected]

Firm Highlights

News

Farella Braun + Martel Earns 2023 U.S. News – Best Lawyers® "Best Law Firms" Rankings

Read More
News

Tony Schoenberg Receives Award of Merit From Bar Association of San Francisco

Farella Braun + Martel is proud to announce that partner Tony Schoenberg has received an Award of Merit from the Bar Association of San Francisco (BASF) at the association’s Annual Membership Luncheon today. The...

Read More
Publication

Litigation Trends In the Private Equity and Venture Capital Space

In today's Upside episode, we explore fiduciary duty in the venture capital context. Can owners of a venture capital management company act in ways that explicitly disadvantage their business partners? Can they agree to...

Read More
News

Farella Receives American Antitrust Institute 2022 Antitrust Enforcement Award

Northern California legal powerhouse Farella Braun + Martel is proud to announce that it has received a 2022 Antitrust Enforcement Award for “Outstanding Antitrust Litigation Achievement in Private Law Practice” from the American Antitrust...

Read More
Publication

One Pending Supreme Court Case Could Change the Internet as We Know It: Gonzalez v. Google and Tech Platforms’ Liability

The Supreme Court granted certiorari in Gonzalez v. Google , a high-stakes case appealed from the Ninth Circuit about the scope of protection Section 230 of the Communications Decency Act affords technology companies against...

Read More
News

Section 230's Broad Liability Shield Seen as Living on Borrowed Time

Erik Olson spoke to Communications Litigation Today for the article, "Section 230's Broad Liability Shield Seen as Living on Borrowed Time," discussing the implications of the coming SCOTUS decision in Gonzalez .  In the...

Read More
Publication

What Recent Rulings in 'hiQ v. LinkedIn' and Other Cases Say About the Legality of Data Scraping

LinkedIn obtained a permanent injunction on Dec. 6 in its six-year-old lawsuit against data scraping company hiQ Labs, which LinkedIn quickly cheered as a “final, decisive victory” that established an “important legal precedent.” While...

Read More
Publication

SB 54: Shifting the Burden to Producers To Address California's Plastic Pollution

California's SB 54: Plastics Pollution Prevention and Packaging Producer Responsibility Act  (Public Resources Code § 41821.5) adopts the “extended producer responsibility model” (or “circular economy framework”), which makes manufacturers of single-use plastic products and packaging responsible...

Read More
News

Kelly Matayoshi Receives 2022 Barristers Diversity Award

Read More
News

Farella Braun + Martel Recognized in Benchmark Litigation 2023

Farella Braun + Martel continues to be ranked among the top litigation firms in California in the  Benchmark Litigation  2023 guide. Farella was ranked “Highly Recommended” for Dispute Resolution in California and earned a...

Read More