Kibler Fowler & Cave LLP’s Post

Kibler Fowler & Cave’s Appellate Litigation practice group secured an appellate victory in the U.S. Court of Appeals for the Fourth Circuit where KF&C acted as court-appointed amicus curiae tasked by the Court to argue for reversal of the district court’s order entering summary judgment in favor of two defendant police officers. The officers were accused in a pro se complaint of violating the plaintiff’s Fourth Amendment rights by accosting him while he was seated in his own car in his own driveway, detaining and frisking him without reasonable suspicion, and searching his car without probable cause. Following oral argument, the Fourth Circuit reversed the district court’s finding that the officers were justified in conducting a Terry stop of the plaintiff and vacated the district court’s subsequent ruling that the officers were entitled to qualified immunity. In vacating the district court’s judgment, the Court adopted nearly all the arguments that were presented in KF&C’s brief. The precedential opinion concluded that that the officers lacked sufficient reasonable, particularized suspicion as to the plaintiff and should not have seized him or searched his vehicle. The Court’s decision noted that an anonymous call regarding a nearby alleged stabbing provided limited information about the alleged crime and offered no details about any assailants, and that the officers targeted the plaintiff merely because his car was running, and used his innocuous conduct to justify escalating the encounter by detaining him at gunpoint. The Court found that under a reasonable interpretation of facts, their officers’ actions were neither necessary nor justified. The KF&C team includes Counsel Stephen Raiola (who argued the appeal) and Associate Charles Cardinal. The Fourth Circuit’s Amicus Curiae appointment was the second Amicus appointment of KF&C by a federal court of appeal. Last year, Stephen was appointed by the U.S. Court of Appeals for the Third Circuit to present arguments regarding the constitutionality of a New Jersey law.

Kibler Fowler & Cave LLP's petition for writ of certiorari with the United States Supreme Court was selected as its “Petition of the Week” by SCOTUSblog for the week of July 9. On March 20, 2024, Kibler Fowler & Cave filed a petition for writ of certiorari in the Supreme Court on behalf a small family business and two small business owners who, despite having never been accused of criminal wrongdoing, have had their property seized pursuant to the federal criminal forfeiture statute, 21 U.S.C. § 853. Following the filing of the cert petition, the Supreme Court called for a response from the government, and Kibler Fowler & Cave was joined by six Amici, including the The Rutherford Institute, Cato Institute, Manhattan Institute, The Buckeye Institute, Goldwater Institute, and Florida Association of Criminal Defense Lawyers. The KF&C team on the petition includes Counsel Stephen Raiola and Associate Zien Halwani. Read more: https://lnkd.in/gP-nCKgX

Kibler Fowler & Cave LLP is proud to be a Gold Sponsor of the Korean American Bar Association of Washington DC (KABA-DC) Summer Reception and 2024 Mentorship Program Kickoff Event, which will take place on Thursday, July 18 at The Hyatt House in Washington, D.C. KABA-DC is an organization representing more than 800 Korean American attorneys at all levels of the state and federal government, private practitioners, as well as local law school students. It provides invaluable community service and legal support for the Korean American community of the greater Washington, D.C. area. KF&C Counsel Nathan Park is Co-President of KABA-DC for the 2023-2025 term.

Kibler Fowler & Cave LLPis pleased to announce that Founding Partner John Fowler has been named among the 2024 “Leaders of Influence: Litigators & Trial Attorneys” by the Los Angeles Business Journal. John was recognized among “the very best litigators and trial attorneys” in the Los Angeles region and profiled in a special publication spotlighting “the trusted advisors you want in your corner in court.” The Los Angeles Business Journal highlights John’s “track record of newsworthy victories and his diverse representations across prominent industries,” which “solidifies his position as a leader in the entertainment and intellectual property legal community.” Read more here: https://lnkd.in/g-ET4Vtm

Kibler Fowler & Cave LLP Counsel Stephen Raiola recently joined the Board of Directors for the Live Donor Project (LDP). The LDP, which is based in Pittsburgh, Pennsylvania, is a nonprofit that aims to increase the number of living organ donors through public awareness campaigns, education, and support, ultimately saving lives and improving the quality of life for patients in need of organ transplants. LDP celebrates and promotes living organ donation as a compassionate and impactful way to save lives. Read more about the Live Donor Project: https://lnkd.in/eXRKN3fp

We hope that you will join us tomorrow as we welcome back our friend and on-air legal commentator Jessica Levinson for a thought-provoking discussion of this term's most important SCOTUS decisions. The registration link is in the post below.

We like to think that Professor Jessica Levinson tries out her material for a national audience on CBS before her actual presentation at the Kibler Fowler & Cave LLP #SCOTUS CLE webinar on July 11. Please join us. https://lnkd.in/gqHBPCgV

When Kibler Fowler & Cave Managing Partner Michael Kibler appeared on Jason Ingber's “Out of the Courtroom” podcast in 2021, he had no idea he later would become a social media influencer -- clips of the podcast episode recently posted to Instagram and TikTok have generated over 1.5 million views! To hear about some of Mike's incredible cases over the years, including the World Trade Center insurance coverage trial about whether the 9/11 terrorist attack was one or two occurrences, his representation of a member of the Royal Family of Jordan in a dispute over profits from U.S. Department of Defense contracts from the Iraq War, and his winning the fourth largest verdict in Arizona’s history in a dispute involving a multi-billion dollar commercial real estate project, watch the podcast: https://lnkd.in/eSwBwwMZ

Kibler Fowler & Cave LLP is pleased to invite our clients, colleagues and friends to join us on Thursday, July 11, 2024 at 12:00 PM PDT, for another U.S. Supreme Court Review with Professor Jessica Levinson of Loyola Law School. Professor Levinson will lead a discussion on significant cases from the U.S. Supreme Court’s most recent term. MCLE credit pending approval. Note that many states offer CLE reciprocity with California, including New York. To register: https://lnkd.in/eR5sWyuN

Kibler Fowler & Cave LLP Counsel Stephen Raiola opened The Federalist Society’s Third Circuit Conference, which was held in Philadelphia on June 21, 2024, by providing welcoming remarks and introducing the first panel on “Threats to Judicial Independence and How the Legal Community Should Respond.” As a part of his remarks, Stephen introduced the Honorable Esther Salas of the U.S. District Court for the District of New Jersey, the Honorable Cheryl Ann Krause of the U.S. Court of Appeals for the Third Circuit, the Honorable Richard J. Sullivan of the U.S. Court of Appeals for the Second Circuit, and the moderator of the panel, Craig Carpenito, a partner at King & Spading LLP and the former U.S. Attorney for the District of New Jersey. Panelists discussed the increasing politicization of attacks on the state and federal judiciary, and the rise in physical threats to judges and courthouses across the country. In addition to encouraging members of the Bar to be leaders in educating the public about the meaning of judicial decisions and the importance of the independence of our courts, Panelists discussed efforts to pass legislation to protect the personal identifying information of state and federal judges, and engage with the public and the media more broadly to facilitate a healthier discourse about the courts. As Vice President of the Pittsburgh Chapter of the Federalist Society, Stephen served on the planning committee for the Conference, which, in addition to the individuals listed above, included the Honorable Michael Chagares, Chief Judge of the U.S. Court of Appeals for the Third Circuit, the Honorable David James Porter of the U.S. Court of Appeals for the Third Circuit, and the Honorable Joshua D. Wolson of the U.S. District Court for the Eastern District of Pennsylvania. Prior to his role in the Pittsburgh Chapter, Stephen served on the Board of the Federalist Society’s D.C. Young Lawyers Chapter.