Education

  • J.D., University of California, Hastings College of the Law, magna cum laude, Order of the Coif, 2013
  • California State University East Bay, Teacher Credential Program, 2007
  • B.S., University of California, Santa Barbara, 2003

Admissions

  • California (2013)
vCard icon

Download vCard
T: 415-433-6830
F: 415-433-7104
E: jwinter@rbgg.com

Jessica Winter is an associate at Rosen Bien Galvan & Grunfeld LLP.  She works on complex litigation and prelitigation matters in federal and state court.

Prior to joining RBGG, Ms. Winter served as a law clerk to the Honorable Marsha S. Berzon of the United States Court of Appeals for the Ninth Circuit (2015-2016) and to the Honorable Jon S. Tigar of the United States District Court for the Northern District of California (2014-2015).  She also worked at a San Francisco boutique law firm that specializes in land-use and public agency cases. Full bio »

vCard icon

Download vCard
T: 415-433-6830
F: 415-433-7104
E: jwinter@rbgg.com

Jessica Winter is an associate at Rosen Bien Galvan & Grunfeld LLP.  She works on complex litigation and prelitigation matters in federal and state court.

Prior to joining RBGG, Ms. Winter served as a law clerk to the Honorable Marsha S. Berzon of the United States Court of Appeals for the Ninth Circuit (2015-2016) and to the Honorable Jon S. Tigar of the United States District Court for the Northern District of California (2014-2015).  She also worked at a San Francisco boutique law firm that specializes in land-use and public agency cases.

Ms. Winter received a J.D., magna cum laude, Order of the Coif, from the University of California, Hastings College of the Law, where she was a member of the top-rated moot court program in the country.  She earned best brief awards in both moot court competitions in which she competed.  Ms. Winter received a B.S. from the University of California, Santa Barbara, where she was a Regents Scholar.

Prior to attending law school, Ms. Winter was a high school science teacher and a co-owner of a successful small business.

REPRESENTATIVE CASES
  • Ex-Spouse v. Spouse’s Business et al.:  Our clients, two businesswomen and the small business they own, had been sued in superior court by one of the women’s ex-husband for allegedly interfering with his interests in a joint commercial lease. RBGG argued that defendant’s statement to the landlord, informing the landlord of the ex-husband’s threat to evict the women’s business from the office space, was protected pre-litigation speech.  The court agreed and granted a motion RBGG filed under the California Strategic Lawsuit Against Public Participation (“SLAPP”).  The court also found that defendants’ claims, which included intentional interference with contract and intentional and negligent interference with prospective economic advantage, had no probability of success.  As a result, the case was dismissed and defendants recovered significant attorneys’ fees and costs in connection with the motion.
  • Coleman v. NewsomRBGG represents a class of the more than 38,000 men and women in California’s prison system with serious mental illness. After a contested trial, the district court held that the prison mental health delivery system violates the Eighth Amendment and ordered systemwide injunctive relief. See Coleman v. Wilson, 912 F. Supp. 1282 (E.D. Cal. 1995).  The court determined that the constitutional violations remain ongoing in 2013 after the State attempted to terminate the injunction. See Coleman v. Brown, 938 F. Supp. 2d 955 (E.D. Cal. 2013). Through hard-fought litigation over the last two decades, RBGG has secured a number of significant systemic changes on behalf of the class, including reforms to policies and practices regarding the use of force against prisoners with mental illness, as well as the overuse and misuse of solitary confinement. See Coleman v. Brown, 28 F. Supp. 3d 1068 (E.D. Cal. 2014). On November 28, 2018, the Ninth Circuit issued two unanimous rulings affirming lower court decisions on behalf of the class.  The Court dismissed the State’s appeal of an April 2017 order because the district court had not granted or modified an injunction under 28 U.S.C. § 1292(a)(1) in requiring the State to comply with prior orders to transfer class members to inpatient care in a timely fashion, nor had it issued a final order pursuant to 28 U.S.C. § 1291 because contempt proceedings remained ongoing.  See Coleman v. Brown, 743 Fed. Appx. 875 (9th Cir. 2018).  The Court separately upheld a  October 2017 order on the merits, ruling that district court complied with the Constitution and the Prison Litigation Reform Act in holding the State to its twenty-four hour timeframe to transfer patients in mental health crisis to licensed hospital settings, as longer waits “create ‘a substantial risk of serious harm’” in violation of the Eighth Amendment.  Coleman v. Brown, 756 Fed. Appx. 677 (9th Cir. 2018) (quoting Farmer v. Brennan, 511 U.S. 825, 828 (1994)).  These appellate victories ensure timely access to critically needed psychiatric inpatient hospitalization for the members of the Coleman class, and the State’s compliance with the inpatient transfer timelines has dramatically improved in the wake of the rulings.  For more information see Coleman v. Brown: Court Orders, Reports, Photos, Expert Declarations and Media Coverage.

 

Honors & Awards

  • Northern California Super Lawyers, 2019 Rising Star

Admissions

  • California (2013)

Professional Experience

  • Law Clerk to the Honorable Marsha S. Berzon, United States Court of Appeals for the Ninth Circuit, 2015-2016
  • Law Clerk to the Honorable Jon S. Tiger, United States District Court, Northern District of California, 2014-2015

Jessica Winter is an associate at Rosen Bien Galvan & Grunfeld LLP.  She works on complex litigation and prelitigation matters in federal and state court.

Prior to joining RBGG, Ms. Winter served as a law clerk to the Honorable Marsha S. Berzon of the United States Court of Appeals for the Ninth Circuit (2015-2016) and to the Honorable Jon S. Tigar of the United States District Court for the Northern District of California (2014-2015).  She also worked at a San Francisco boutique law firm that specializes in land-use and public agency cases.

Ms. Winter received a J.D., magna cum laude, Order of the Coif, from the University of California, Hastings College of the Law, where she was a member of the top-rated moot court program in the country.  She earned best brief awards in both moot court competitions in which she competed.  Ms. Winter received a B.S. from the University of California, Santa Barbara, where she was a Regents Scholar.

Prior to attending law school, Ms. Winter was a high school science teacher and a co-owner of a successful small business.

REPRESENTATIVE CASES
  • Ex-Spouse v. Spouse’s Business et al.:  Our clients, two businesswomen and the small business they own, had been sued in superior court by one of the women’s ex-husband for allegedly interfering with his interests in a joint commercial lease. RBGG argued that defendant’s statement to the landlord, informing the landlord of the ex-husband’s threat to evict the women’s business from the office space, was protected pre-litigation speech.  The court agreed and granted a motion RBGG filed under the California Strategic Lawsuit Against Public Participation (“SLAPP”).  The court also found that defendants’ claims, which included intentional interference with contract and intentional and negligent interference with prospective economic advantage, had no probability of success.  As a result, the case was dismissed and defendants recovered significant attorneys’ fees and costs in connection with the motion.
  • Coleman v. NewsomRBGG represents a class of the more than 38,000 men and women in California’s prison system with serious mental illness. After a contested trial, the district court held that the prison mental health delivery system violates the Eighth Amendment and ordered systemwide injunctive relief. See Coleman v. Wilson, 912 F. Supp. 1282 (E.D. Cal. 1995).  The court determined that the constitutional violations remain ongoing in 2013 after the State attempted to terminate the injunction. See Coleman v. Brown, 938 F. Supp. 2d 955 (E.D. Cal. 2013). Through hard-fought litigation over the last two decades, RBGG has secured a number of significant systemic changes on behalf of the class, including reforms to policies and practices regarding the use of force against prisoners with mental illness, as well as the overuse and misuse of solitary confinement. See Coleman v. Brown, 28 F. Supp. 3d 1068 (E.D. Cal. 2014). On November 28, 2018, the Ninth Circuit issued two unanimous rulings affirming lower court decisions on behalf of the class.  The Court dismissed the State’s appeal of an April 2017 order because the district court had not granted or modified an injunction under 28 U.S.C. § 1292(a)(1) in requiring the State to comply with prior orders to transfer class members to inpatient care in a timely fashion, nor had it issued a final order pursuant to 28 U.S.C. § 1291 because contempt proceedings remained ongoing.  See Coleman v. Brown, 743 Fed. Appx. 875 (9th Cir. 2018).  The Court separately upheld a  October 2017 order on the merits, ruling that district court complied with the Constitution and the Prison Litigation Reform Act in holding the State to its twenty-four hour timeframe to transfer patients in mental health crisis to licensed hospital settings, as longer waits “create ‘a substantial risk of serious harm’” in violation of the Eighth Amendment.  Coleman v. Brown, 756 Fed. Appx. 677 (9th Cir. 2018) (quoting Farmer v. Brennan, 511 U.S. 825, 828 (1994)).  These appellate victories ensure timely access to critically needed psychiatric inpatient hospitalization for the members of the Coleman class, and the State’s compliance with the inpatient transfer timelines has dramatically improved in the wake of the rulings.  For more information see Coleman v. Brown: Court Orders, Reports, Photos, Expert Declarations and Media Coverage.

 

Education

  • J.D., University of California, Hastings College of the Law, magna cum laude, Order of the Coif, 2013
  • California State University East Bay, Teacher Credential Program, 2007
  • B.S., University of California, Santa Barbara, 2003

Honors & Awards

  • Northern California Super Lawyers, 2019 Rising Star