Nathaniel K. Fisher
Partner
Nathaniel handles complex matters in trial and appellate courts across the country involving commercial litigation, product liability, constitutional law, and consumer class-action defense. His experience extends to all aspects of litigation, including pleadings and pleading attacks, discovery, dispositive motions, oppositions to class certification, and trial. Among many other matters, he has defended multiple lawsuits against major automobile manufacturers alleging product defects, breach of warranty, and violation of consumer protection laws.
Nathaniel also specializes in all aspects of appellate litigation in state and federal courts, including assessment of issues on appeal, drafting appellate briefs and motions, oral argument, and partnering with trial counsel to preserve issues for appellate review. He regularly argues in the California Courts of Appeal and has been the principal author of many briefs filed in California appellate courts, the Ninth Circuit Court of Appeals, and the Supreme Courts of California and Nevada.
Nathaniel was on the legal team that, in 2014, persuaded the U.S. Supreme Court not to find personal jurisdiction over a major foreign automobile manufacturer based on the state contacts of its U.S. subsidiary. Since then, he has drawn on his keen understanding of this complicated aspect of civil procedure to advise his foreign and domestic clients on best practices for doing business in the U.S. and across state lines. He regularly prepares, argues, and wins, in courts across the country, motions to dismiss claims against his clients for lack of personal jurisdiction.
- Spevakov v. China Unicom (Americas) Opp. Ltd., No. H046118 (Cal. Ct. App. (6th Dist.), June 11, 2020) (affirming summary judgment in employment dispute)
- ASARCO LLC v. Union Pacific R.R., 778 F. App’x 423 (9th Cir. 2019) (in CERCLA action, record supported the district court’s finding that plaintiff released its environmental contribution claim through a settlement agreement with defendant)
- Desalegn v. Century Surety Co., 765 F. App’x 191 (9th Cir. 2019) (affirming district court’s dismissal of action alleging that insurer breached its duty to defend under California insurance law)
- Wells Fargo Bank, N.A. v. Best Service Co., No. B283990 (Cal. Ct. App. (2d Dist., Div. 5), Jan. 8, 2019) (affirming summary judgment for Wells Fargo in contractual dispute against debt collector)
- Nat'l Fire Ins. Co. of Hartford v. Great Am. Ins. Co., No. B264238 (Cal. Ct. App. (2d Dist., Div. 6), Mar. 1, 2017) (successful defense of post-trial motions and appeal in multimillion-dollar contract dispute between insurers).
- Daimler AG v. Bauman, 134 S. Ct. 746 (2014) (foreign corporation not subject to general personal jurisdiction based on subsidiary’s forum contacts; clarifying the standard for general jurisdiction).
- Viega GmbH v. Eighth Judicial Dist. Court, 328 P.3d 1152 (Nev. 2014) (trial court’s imputation of US subsidiaries’ jurisdictional contacts to foreign parents was improper and warranted writ relief).
- Wells Fargo Bank, N.A. v. Best Service Co., 232 Cal. App. 4th 650 (2014) (order denying motion to stay lawsuit pending arbitration is not an appealable order).
- Young v. Daimler AG, 228 Cal. App. 4th 855 (2014) (foreign manufacturer not subject to personal jurisdiction in California).
- Cholakyan v. Mercedes-Benz USA, LLC, 281 F.R.D. 534 (C.D. Cal. 2012) (denying class certification in “concealed defect” case; precluding expert declaration on Daubert grounds).
- Kas v. Mercedes-Benz USA, LLC, No. 11-1032, Dkt. 298 (C.D. Cal. June 11, 2012) (dismissing putative class action with prejudice, after standing attacks and class certification opposition filed).
Education
- New York University, J.D.
- Dartmouth College, B.A.
Admissions
- California
Courts
- U.S. Ct. of App., Ninth Circuit
- U.S. Dist. Ct., C. Dist. of California
- U.S. Dist. Ct., N. Dist. of California
Memberships & Affiliations
- State Bar of California
- Dartmouth Lawyers Association
- Selected by Super Lawyers as a Northern California Rising Star, a distinction honoring the top up-and-coming lawyers in the region (2015-2019)
- Recipient of State Bar of California Wiley W. Manuel Award for Pro Bono Legal Services (2010)