Governance / Brown Act / Conflict of Interest
Kevin Gilbert has focused his career on representation of public entities for over fifteen years. During that timeframe he has concentrated on civil litigation, from pre-litigation investigations and negotiations through trial and has successfully tried numerous cases through verdict in both state and federal courts. Some of the more recent matters are as follows:
• Representation of School District and twelve individual Defendants (including Board Members, Superintendent, General Counsel and Principals) in defense of claims by twelve students that they were abused by a former teacher. Despite the teacher being convicted of multiple felony counts, our litigators were able to defend the case through trial that concluded in a hung jury voting 7-5 in favor of the District. Those efforts ultimately led to a very favorable settlement;
• Representation of police officer in defense of excessive force claims. Despite a review board determining that the officer’s use of deadly force was improper, the jury ultimately returned a complete defense verdict;
• Defense of a major California City in response to what is believed to be the largest class action disability access lawsuit in the history of the Americans with Disabilities Act. Through a collaborative approach, a program was developed for the City’s integration over the next thirty years that will not only provide protection from other lawsuits during that period, but will allow the City to implement new protocols and measures to assure Citywide access for all residents.
Although Kevin has extensive trial experience, he is equally successful in obtaining dismissals through motions, including motions to dismiss, demurrers or motions for summary judgment. In addition to defending the pending claims, he also actively pursues measures to decrease future litigation, including correcting deficient programs or policies as well as pursuing affirmative claims, where available and appropriate.
Kevin received a Bachelor of Arts in Economics from the California State University, Sacramento and a Juris Doctorate from San Francisco School of Law. He is admitted to practice in all California state courts, the United States District Court, Northern, Central, Eastern and Southern Districts, the Federal Court of Claims and the United States Supreme Court.