Maxwell M. Blecher, 1933-2017

Maxwell M. Blecher, who litigated precedent-setting cases in federal and state courts throughout the country for 62 years, died Oct. 25 of complications following routine back surgery. He was 84.

"He was a hugely influential figure in antitrust law," said retired U.S. District Court judge A. Howard Matz, who added that Blecher, a man of short stature, "was a towering figure in the courtroom."

"He turned that little David appearance and winsome personality into a tremendous success," Matz explained.

Donald R. Pepperman, managing partner at Blecher Collins & Pepperman PC, said his father-in-law always enjoyed "fighting for the little guy."

"Max thought there were a lot of injustices out there where big firms were crushing the little guy," Pepperman recalled. "And he wanted to fight back for them and for competition, because he always believed it brings lower prices, better goods and was good for consumers."

Pepperman said more recent consolidation among airline carriers and communications giants really bothered Blecher.

"He felt like you just weren't going to have good competition when you only have two or three dominant players running the industry," Pepperman said.

In the 1990s, Blecher successfully argued a landmark case against Eastman Kodak in district court and the 9th U.S. Circuit Court of Appeals, representing a group of companies alleging the camera giant wrongly refused to sell them replacement parts for photocopiers and other machines. Blecher, along with James A. Hennefer, secured a $71.8 million judgment for his clients. Image Tech. Servs., Inc. v. Eastman Kodak Co., 125 F.3d 1195 (9th Cir. 1997).

"It's still good law," Hennefer said of the precedent-setting result. "It prevents any manufacturer from squeezing out independent service on their product."

Hennefer said major manufacturers such as General Motors, Chrysler, Ford, IBM, Hewlett Packard and Caterpillar joined in opposition during the case. "Everybody who manufactures something that needs after-the-original-purchase service fought it," Hennefer continued. "And I give all the credit to Max for winning that jury trial and making it stand up in the 9th Circuit."

More than 30 years ago, Blecher also represented the Los Angeles Memorial Coliseum in a case against the National Football League, which ultimately resulted in the Raiders' move from Oakland to Los Angeles prior to the 1982 season without approval from the league's other owners. Los Angeles Mem'l Coliseum Comm'n v. Nat'l Football League, 791 F.2d 1356 (9th Cir. 1986).

Blecher also represented Donald Sterling's successful bid to move the Clippers from San Diego to Los Angeles in the 1980s. He would later represent the Clippers owner, who had became a friend and a loyal client, when Sterling was banned for life from the NBA and fined $2.5 million in 2014, after audio surfaced of him making racist remarks.

"Max thought everybody deserved a defense," Pepperman said. "It was an unpopular case, and [Sterling] was turned down by a lot of firms, but Max thought the right thing to do was defend the guy."

Blecher received his undergraduate degree from DePaul University in 1953 and finished his law degree at the University of Southern California Gould School of Law in 1955. Married for 64 years to his childhood sweetheart from Chicago, Blecher was also a passionate Los Angeles Dodgers fan and a classical music lover. Former colleagues and friends were quick to laud the antitrust legend's extraordinary character.

"I think the profession will miss him," Matz said. "He was from the old school of professionalism, ethical conduct and pride in being a lawyer. ...There just aren't enough Maxes right now." Former adversary and longtime friend Thomas J. Nolan remembered Blecher as an opponent who kept him from sleeping properly.

"Max was one of the finest antitrust attorneys in the country, and also one of the nicest lawyers to try a case against," he said. "But I'd definitely set the alarm about an hour early just to make sure I'd reviewed everything one more time before I went into the courtroom against him."

Blecher is survived by his wife, Sally, daughter Melodee, and grandson Brant.