Avalon Johnson Fitzgerald

Avalon Johnson Fitzgerald

Associate

Avalon Johnson Fitzgerald

Associate

As a former federal law clerk, Avalon brings her analytical skills and thorough understanding of the trial and appellate processes to bear for businesses and individuals alike.

Avalon learned firsthand how cases are decided while clerking for Ninth Circuit Judge Consuelo M. Callahan and for Chief Judge England in the Eastern District of California. These experiences provided her with a clear view of how to effectively litigate a case, from filing the complaint to litigating an appeal. While Avalon’s area of expertise is federal litigation, she adeptly applies her advocacy skills to state and federal cases alike, at both the trial and appellate levels.  With a mix of sharp advocacy, strategic thinking, and a strong work ethic, Avalon works to achieve optimal results for clients.

Her experience covers a wide range of California and federal civil procedure, from drafting complaints and answers, researching and drafting motions and oppositions, propounding and responding to discovery, and seeking injunctive relief, though preparing for trial, and filing post-trial motions for attorneys’ fees and costs.  She also has appellate experience in both state and federal court, including drafting both opening and responding briefs, as well as appellate motion practice.

Avalon’s practice covers a range of subject matter, from contract disputes to class actions.  In the course of her two clerkships, Avalon handled several high profile cases involving complex legal disputes in employment law, constitutional law, and commercial contracts, preparing her to handle a wide range of subject matter in her practice. 

Experience

  • Represent health care client bringing constitutional claims against the State of California in federal court.
  • Successfully briefed before the Ninth Circuit Court of Appeals, pro bono, a claim for First Amendment retaliation on behalf of a prisoner whose claims were wrongly dismissed.
  • Obtained summary judgment on behalf of clients in an employment and business dispute involving complex questions of choice of laws, issue preclusion, and claim preclusion.
  • Successfully opposed motion for summary judgment for client facing liability under the FTC Holder Rule.
  • Obtained dismissal of counterclaims brought against client in federal court in commercial contract litigation. 
  • Drafted portions of state and federal appellate briefs on behalf of major timber company in procedurally and substantively complex litigation involving six consolidated state actions and one federal action and claims seeking an aggregate of approximately $1 billion.  To read media coverage on the Moonlight Fire Litigation, click here.

Professional, Community And Pro Bono Involvement

  • Federal Bar Association, Sacramento Chapter, 2013-present; President, 2017
  • Lawyer Representative to the Ninth Circuit Judicial Conference, 2018
  • C.K. McClatchy Law & Public Policy Academy, Advisory Committee, 2013-present
  • Women Lawyers of Sacramento, Vice Chair of Publicity & Community Outreach Committee, 2018
  • Sacramento County Bar Association, Appellate Law & Civil Litigation Sections, 2014-present; Board Member, 2016
  • Kennedy Learning Center, Board Member, 2016
  • Anthony M. Kennedy American Inn of Court, Member, 2013-2015
  • American Journal of Law & Medicine, Staff Member, 2010-2012

Honors And Rankings

  • Clerkship, Judge Consuelo M. Callahan, United States Court of Appeals for the Ninth Circuit, 2016-2017
  • Clerkship, Chief Judge Morrison C. England, Jr., United States District Court, Eastern District of California, 2012- 2014
  • Externship, Chief Magistrate Judge Leo T. Sorokin, United States District Court, District of Massachusetts, 2012
  • Externship, Judge Morrison C. England, Jr., United States District Court, Eastern District of California, 2011

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