EMAIL JONATHAN KLEIN

• University of California at Santa Cruz, B.A. Politics, 1989

• Santa Clara University School of Law, J.D., 1992, cum laude, Dean’s list

• Admitted to practice before all state and federal courts in California, December 1992.

• Admitted pro hoc vice in state and federal courts in Nevada, Idaho, Utah, Montana, Arizona, Maryland and Oregan.

• On January 17, 2008, Jonathan Allan Klein won a defense verdict in a wrongful death pharmacy malpractice case venued in U.S. District Court for the District of Montana (Missoula division.) In the case, plaintiffs contended that Safeway pharmacy negligently filled three prescriptions, for Clozapine, Accupril and Hydrochlrothiazide, despite a lack of published interactions or contraindications between the drugs. Mr. Klein introduced evidence from a retail standard of care expert, as well as from a psychiatric pharmacist, that the pharmacy was not negligent, and complied with the standard of care, because there were no contraindications or drug interactions published in the package inserts, nor found in the published literature. The jury returned a unanimous 7-0 decision in only 75 minutes.

• Successfully won motion for summary judgment in Lipcowitz v. Rite Aid employment matter in San Diego County Superior Court. Trial court agreed that plaintiff sought to enforce illegal and unenforceable agreement to work more than hours permitted as pharmacist under California law. See attached Order.

• In Hull v. Safeway, Court of Appeals affirmed Order granting demurrer on Safeway's behalf, holding that plaintiff who admitted he did not ingest medication could not sue for damages for inability to read information on OTC box of cold medication. See attached Order.

• In Armstrong v. Rite Aid, et al., the U.S. District Court granted Rite Aid's motion to dismiss on grounds plaintiff who admitted to taking photographs of his own marijuana plants to local drug store for developing could not assert causes of action related to violation of rights to privacy when store employees gave photographs to the police. See Attached Order.

• Jonathan Allan Klein obtained a defense award in favor of major California retailer on labor arbitration claims that employer did not have good and sufficient cause to suspend and later terminate 13 year employee for documented cash register errors of nearly $80 occurring over a one-year time frame. Arbitrator confirmed that employer had sufficient cause and affirmed termination.

• On behalf of Safeway, Jonathan Allan Klein and Annmarie Liermann recently obtained an Order sustaining a Demurrer filed on Safeway's behalf in a Trazodone case filed in Alameda County, California. The Court agreed with our arguments, in their entirety, that California pharmacies do not have a general duty to warn of the side effects of prescriptions (absent a special contraindication, or failure to follow the instructions on the prescription). The Court agreed with our analysis of out-of-state authority, and the application of the learned intermediary doctrine, in declining to establish a new duty of care on behalf of pharmacies and pharmacists. To counsel's knowledge, this is the first decision in California explicitly holding that pharmacies are protected by the learned intermediary doctrine while sustaining a demurrer to a duty to warn claim. A copy of the Order is attached.

• Demurrer to hundreds of complaints filed against pharmacies and distributors in California Baycol litigation sustained without leave to amend. Litigation against clients and pharmacies effectively ended as a result of the demurrer. A copy of the Order is attached.

• Represented plaintiff in discrimination and harassment action against international company and obtained $2.5 million settlement.

• Extensive trial experience representing plaintiffs and defendants in state and federal courts in employment, pharmaceutical, American with Disabilities Act, professional negligence, premises liability, commercial litigation, real estate and construction disputes.

• Serves as national coordinating counsel and liaison counsel for major retail/pharmacy chains on various pharmaceutical matters, including litigation involving Ephedra, Vioxx, Bextra, Celebrex, Baycol and PPA.

• Handled claims before Equal Employment Opportunity Commission, California Department of Fair Employment & Housing, Nevada Equal Rights Commission, Washington Human Rights Commission, Idaho Human Rights Commission, and Oregon Bureau of Labor & Industries.

• Successfully arbitrated dozens of NASD and labor arbitrations and grievances.

• Advises employers and employees regarding wage and hour and benefits issues.

• Advises pharmacies regarding compliance with state and federal regulations including duties to warn and HIPAA compliance.

• Regularly presents seminars and training sessions on issues relating to employment and pharmacy law.

• Represents pharmacist and pharmacies regarding Board of Pharmacy investigations, informal conferences and appeals.

• California State Bar

• Defense Research Institute

• American Society for Pharmacy Law

• Northern California Association of Defense Counsel

• Named Northern California "Super Lawyer" by San Francisco Magazine (2005, 2006, 2007, 2008).

• "AV Peer Review Rating" by LexisNexis Martindale-Hubbell.

• Selected one of America's Best Lawyers in 2005 by SkyRadio -- heard nationwide on American, Delta, United, US Airways, America West and Northwest Airlines. In an interview heard on those airlines, Mr. Klein discusses recent trends in pharmacy and pharmacist liability for the sale of prescription drugs.

Click to listen to the SkyRadio interview

• President, Board of Directors, Oakland Girls Softball League, 2008-2009. Vice President and Secretary, OGSL, 2007-2008. Secretary, 2006-2007.

• Avid fan of San Francisco Giants (waiting for World Series victory).

• Jazz & blues music.