Hon. Fred K. Morrison (Ret.)

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Hon. Fred K. Morrison (Ret.) joined JAMS in 2009 after serving nine years in the trial courts and over 14 years on the California Third District Court of Appeal. During his tenure on the appellate bench, Justice Morrison authored over 160 published opinions.  Attorneys regularly praise Justice Morrison’s quick intelligence, good judgment, common sense, and humility. His diverse judicial and legal experience include administrative law, business and commercial, eminent domain, employment, estates and probate, family law, healthcare, personal injury, and professional malpractice matters.

In his nine years on the trial bench, Justice Morrison rotated through various civil and criminal departments, including civil law and motion. During that time, he settled numerous cases as both a settlement judge and trial judge. Since joining JAMS, he has mediated, arbitrated, and served as a special master and discovery referee in a wide variety of disputes.  He is currently the Ninth Circuit representative on the Board of Trustees for the American Inns of Court Foundation in Washington, D.C. and teaches a course in Arbitration Practice at the University of the Pacific, McGeorge School of Law

Representative Matters:

Business Commercial

  • Mediated trade secrets dispute involving theft of customer information and lists by a former employee
  • Mediated class action matter involving credit card privacy statute and the entitlement to attorney fees under Code of Civil Procedure Section 1021.5 (private attorney general statute)
  • Mediated breach of contract action between a Danish seller of agricultural products and the American company that purchased the products
  • Mediated dispute over a lease option to buy a truck stop with significant issues involving terms of sale and business valuation methods
  • Mediated trademark infringement and copyright suit involving a major jewelry manufacturer.
  • Mediated matter involving termination of a business partner and valuation of the business
  • Mediated disputes involving investment fraud and breach of contract
  • Mediated breach of contract action involving a dispute over the proper functioning of computer software
  • Mediated dispute involving the breakup of a failed partnership involving a large commercial property development
  • Arbitrated foreclosure on a construction loan and effect of general contractor’s completion guarantee
  • Arbitrated termination of a law firm shareholder and valuation of partnership share
  • Discovery Referee in contract dispute involving natural gas exploration

Healthcare

  • Mediated action challenging a public health citation against a skilled nursing facility for violations leading to a patient’s death
  • Arbitrated declaratory relief dispute between major health care providers regarding contract interpretation
  • Arbitrated dispute between a hospital and supplier of nuclear medicine equipment and technical assistance
  • Discovery Referee in qui tam whistle blower case involving drug prices charged to government health care programs 

Employment Law

  • Mediated dispute involving allegations of sexual discrimination, hostile work environment, and constructive wrongful termination
  • Mediated sexual harassment and discrimination case involving an employment agency
  • Mediated whistle blower claim involving alleged retaliation and wrongful discharge
  • Arbitrated employee termination matter involving sexual harassment and hostile work environment issues
  • Arbitrated wrongful termination case involving allegations of incompetence and insubordination
  • Conducted evidentiary hearing for federal court on factual issues in civil rights suit stemming from an allegation of wrongful termination
  • Mediated cases involving USERRA

Real Property

  • Mediated case involving damage to real property,  inverse condemnation, negligence, and insurance issues
  • Mediated breach of contract case brought by a land owner and developer against a church
  • Mediated case involving environmental cleanup liability , contractual indemnification, and real property leasing issues
  • Mediated dispute over the proper allocation of property tax revenues between county office of education and a school district
  • Mediated action to rescind a land sale based on a mutual violation of the Subdivision Map Act
  • Mediated action alleging unfair enforcement of CC&Rs by homeowners association
  • Served as a judge pro tem in a dispute over the ownership and inheritance of agricultural land

Personal Injury

  • Mediated action arising from a work site injury involving issues of contractual indemnification and insurance coverage between multiple insurance companies
  • Appellate mediation of a case in which plaintiff suffered severe allergic reaction to facial makeup
  • Mediated environmental cleanup case with contractual indemnification and real property leasing issues
  • Mediated action involving civil rights and personal injury liability arising out of an alleged trespass on a defense contractor facility
  • Mediated nursing home case involving allegations of elder abuse and wrongful death
  • Mediated case involving multiple deaths caused by a fire in senior citizens’ residence facility
  • Arbitrated uninsured motorist claim involving injuries and loss of self-employment income

Professional Malpractice

  • Mediated legal malpractice case regarding alleged conflicts of interest and multiple representations
  • Mediated a “case within a case” dispute of legal malpractice action stemming from a vehicle accident
  • Arbitrated medical malpractice action involving causation questions related to eye surgery

Estates and Probate

  • Wrote first appellate opinion involving a dispute between the parents a deceased man and his wife over the disposal of sperm stored in a fertility clinic.  In re Estate of Kievernagel (2008) 166 Cal. App. 4th 1024
  • Mediated an action for undue influence in a family estate dispute involving the “disinheritance” of a deceased’s new friend

Civil Rights

  • Mediated dispute regarding the amount of legal fees due after plaintiffs prevailed in a California Voting Rights Act class action case

Honors, Memberships, and Professional Activities

  • Ninth Circuit Trustee, Board of Trustees of the American Inns of Court, 2009-2013
  • Member, Third District Court of Appeal Committee to Establish Appellate Mediation and Settlement Program
  • Presiding Special Master, Commission on Judicial Performance Hearing, 2007
  • Member, Supreme Court Advisory Committee for Publication of Court of Appeal Opinions, 2005-2006
  • “Medical Malpractice Litigation: Policy, Procedures and Perspective,” John M. Mott Memorial Lecture, University of California, Davis Medical School, 2001
  • Speaker, programs on civil litigation and medical malpractice, University of California, Davis Medical School, 2001-present
  • Justice Pro Tem, California Supreme Court, 2002
  • Judge of the Year, Sacramento County Bar Association, 1997
  • Member, Governing Board, California Center for Judicial Education and Research, 1995-2000
  • Founding Member and Executive Committee Member, Anthony M. Kennedy Inn of Court, 1990 to present; (President, 1993-1997)
  • Member, Sacramento County Bar Association, 1978 – 1985; Bar Council, 1983-1985; Secretary-Treasurer, 1983; Vice-President, 1985

Background and Education

  • Justice, California Court of Appeal, Third Appellate District, 1994-2009
  • Judge, Sacramento Superior Court, 1989-1994
  • Municipal Court Judge, Sacramento, 1985-1989
  • Assistant U.S. Attorney, Sacramento, CA, 1982-1985
  • Professor, McGeorge School of Law, University of the Pacific, Sacramento, CA, 1975–1982; Adjunct Professor, 1982-1989
  • Second Lieutenant to Brigadier General and National Guard Special Assistant to the Judge Advocate General of the Army, California National Guard, 1975-1993
  • U.S. Army Judge Advocate General Corp., U.S. Army, 1971-1975
  • J.D., magna cum laude, College of William and Mary, Williamsburg, VA, 1971
  • U.S. Army (tours in Korea and Vietnam), 1963-1975
  • B.S. (Psychology), Purdue University, West Lafayette, IN, 1963