About Arnold Berschler

Certain cases I have litigated changed the law and changed in the way certain governments do business. For instance, in Ali v Rogers, a test case before the Ninth Circuit of the United States Court of Appeals, the decision did not rule out a merchant mariner’s right to combine discrimination claims under the Civil Rights Act of 1990 or the Civil Rights Act of 1964 using the procedures mandated by the Suits in Admiralty Act and its companion Clarification Act. Our client’s successful appeal in Summers v. United States directly caused modification of the Golden Gate National Recreation Area’s rules for public use of beaches. This case also clarified the parameters and application of the Discretionary Function Doctrine defense incorporated in the Federal Tort Claims Act. In Cabezas v. United States, tried in the United States District Court between August 2006 and January 2007, my client made new law at the trial level. The United States paid my client a premium to cause that Judgment to be withdrawn, avoiding what would have been case law making it much easier to prove liability against ship owners generally. The City of Burlingame, California revised the installation of and guarding around trees throughout the major shopping street of Burlingame Avenue as a direct result of success in Fie v. City of Burlingame. In Joseph v. Caesar, my clients’ appeal resulted in the expansion of the scopes of persons civilly liable for sexual abuse of a minor.