Ellyn S. Garofalo

Litigation

Los Angeles

Carlton Fields shareholder Ellyn Garofalo is a seasoned attorney with 31 years of experience specializing in the defense and prosecution of complex civil matters.

Her practice is diverse, encompassing breach of contract claims, partnership disputes, securities and investor fraud claims, real estate litigation and a variety of other business disputes.

Among her notable cases over the years include successfully representing Dr. Sandeep Kapoor in a high-profile three-month criminal trial. Kapoor was accused of overprescribing medications to celebrity Anna Nicole Smith prior to her death.

"The negative publicity and press frenzy around the case initially complicated the defense," Garofalo recalled. "However, during the three-month trial we were able to paint an accurate picture of Anna Nicole's health issues and why the allegedly wrongful prescriptions were medically justified."

Garofalo also represented actress Minnie Driver in securing a criminal contempt conviction against a property owner for violating an easement agreement and defending actress Alyssa Milano in her $10 million fraud lawsuit against her former business manager.

More recently, Garofalo defended a $100 million breach of oral partnership agreement claim involving the historic Glen Ivy resort and spa. The case was challenging due to the lack of documentary evidence and relied heavily on oral testimonies. Nevertheless, Garofalo's defense led to a jury verdict in favor of her client, Ingo Schweder, on all claims asserted by the plaintiff.

Garofalo also played a pivotal role in a lawsuit challenging the California Department of Moter Vehicle's procedures for the suspension of drivers' licenses after a DUI request as unconstitutional. The California Court of Appeal upheld the argument that the dual function of DMV hearing officers as both advocates and adjudicators violated drivers' due process rights, marking a significant victory for Garofalo and the California DUI Lawyers Association.

"We were dealing with issues of first impression including due process issues stemming from the dual functions of DMV hearing officers, as well immunity issues," she said. "There were multiple appeals which complicated and delayed a final judgment. The client lost on summary judgment before we associated in. We then prevailed on the appeal, and the matter was remanded for another summary judgment motion. We prevailed on claim, but appealed the civil rights issue. The Court of Appeal ultimately ruled in plaintiff's favor, requiring the California DMV to restructure its hearing process."

Identifying trends, Garofalo said she's observed in the last few years seeing many more cases proceed to trial.

"There also seems to be a trend toward matters involving oral partnership agreements which can be difficult to defend and labor and employment claims ranging from wrongful termination to 'me too' claims," she said.