Judge Newman joins Judicate West following 14 years of distinguished service to the U.S. District Court, Eastern District of California.
With over four decades of combined legal experience, he has conducted more than 1,500 settlement conferences from the bench and in private practice. During his appointment, he presided over a variety of civil matters, including civil rights, employment law, personal injury including wrongful death, medical negligence, and general business litigation in addition to serving as the Chief Magistrate Judge from 2021-2024. He previously spent six years with the U.S. Attorney’s Office in San Diego and 15 years with the U.S. Attorney’s Office for the Eastern District of California, serving the last five years as Chief of the Civil Litigation Affirmative Section.
Judge Newman comments on his approach to ADR, stating, “The key to mediation is persistence and optimism and the goal is always resolution. If the case can't be resolved that day, the mediation should at least be an informative session where the parties learn what the other side requires to settle the case. I always follow up if there is a glimmer of hope in getting the case resolved.”
Practice Areas
- Business Litigation
- Civil Rights
- Employment
- Environmental
- False Claims Act/Qui Tam
- Medical Negligence
- Personal Injury including Wrongful Death
Hobbies & Interests
Judge Newman and his wife have traveled extensively, domestically and internationally (favorite places are too many to list! But would certainly include Kenya, Italy, Bahrain, Sydney, Ireland, Poland, and Hungary). He also enjoys watching movies and playing tennis and golf.
Legal Career
- Full-time Neutral, Judicate West (2024-Present)
- U.S. Magistrate Judge, U.S. District Court, Eastern District of California, Sacramento (2010-2024); Chief Magistrate Judge, (2021-2024)
- Mediator, U.S. District Court, Eastern District of California, Voluntary Dispute Resolution Program (1995-2010)
- Attorney, U.S. Attorney’s Office for the Eastern District of California (1995-2010)-Defended a wide range of civil cases-Federal Tort Claims Act, employment, personal injury and wrongful death, medical malpractice, civil rights, environmental and land use and breach of contract; Chief of the Civil Litigation Affirmative Section (2005-2010)-Supervised cases involving civil rights, employment discrimination, breach of contract, False Claims Act/Qui Tam, environmental, asset forfeiture, civil fraud and enforcement
- Attorney, U.S. Attorney’s Office in San Diego (1990-1994)-Defended a wide range of civil cases
- Associate Attorney, Gibson, Dunn & Crutcher (1984-1990)-Handled general civil business and securities litigation, employment cases, and some bankruptcy matters
Education & Professional Affiliations
- J.D., College of William & Mary (1981-1984)
- B.S., Cornell University (1976-1980)
- Magistrate Judge Executive Board; Chair (2023-2024); Vice Chair (2021-2023)
- Ninth Circuit Pacific Islands Committee (2019-2024)
- Ninth Circuit ADR Committee (2011-2017)
- Federal Bar Association, Sacramento Chapter (1995-2024)
- Eastern District Judicial Advisory Committee (1995-2006, 2021-2024)
- Anthony M. Kennedy Inn of Court (1997-2000)
- Federal Magistrate Judges Association (1995-2024)
- Ninth Circuit Judicial Conference (1990-2024)
- Louis M. Welch Inn of Court (1989-1991)
Achievements & Awards
- Department of Justice Director’s Award for Largest Settlement in History of Forest Service (2009)
- Special Commendations from U.S. Drug Enforcement Administration (2007, 2010)
- Special Commendations from U.S. Forest Service (2007, 2009)
- San Diego City Council Commendation for outstanding service to the community (1995)
- United States Marine Corp Special Commendation (1994)
- Cornell University Outstanding Service Award (1994)
Below is a sampling of the various matters Hon. Kendall J. Newman, Ret. presided over on the bench, tried as an attorney, or handled as a neutral.
A.D.A.
- Mediated and settled numerous ADA and Unruh Act cases involving accessibility, modifications, and damages.
Banking/Finance
- Mediated and settled multiple cases against banks involving failure to modify loan terms and resulting defaults.
- Mediated and settled a case involving forged endorsements.
- Mediated and settled several cases involving credit reporting errors.
Contractual
- Litigated and settled numerous False Claims Act and qui tam cases involving insurance billing, federal compliance, and procurement fraud.
- Mediated and settled a case between FERC and a commercial institution involving energy market manipulation.
- Mediated and settled a case involving breach of dealer agreements related to agricultural equipment.
- Mediated and settled a UCC case involving forged endorsements.
- Litigated and resolved multiple matters involving the Controlled Substances Act and DEA compliance, including a nationwide case concerning the sale of non-prescription medicines used in methamphetamine production.
- Litigated and resolved a case involving the misuse of AmeriCorps grant funds.
- Mediated and settled a case against money managers and tax preparers involving improper property exchanges made to an imposter.
- Mediated and settled a dispute involving clinical drug trials and an associated software system.
- Mediated a business dispute arising from the operation of a cannabis store, resulting in a successful buyout and separation of ownership interests.
- Mediated a complex dispute involving a business employment relationship, stock ownership fallout, and related actions.
Contractual Healthcare
- While at the U.S. Attorney’s Office, handled all aspects of medical cases in both defensive and affirmative roles, including complex reimbursement issues. In the affirmative section, prosecuted cases involving Medicare fraud, improper billing practices such as bundling and unbundling, and other healthcare compliance matters. As a U.S. Magistrate Judge, mediated a wide range of medical coverage and reimbursement disputes, overseeing motions, managing discovery, and facilitating settlement conferences.
Disability
- Mediated and settled cases involving short- and long-term disability claims.
- Mediated a case involving the retirement of a long-term employee amid concerns about his ability to perform his role of 19 years.
Labor Code
- Mediated and settled an employee-union dispute involving an unfair representation claim.
PAGA
- Mediated and settled several class action cases involving PAGA claims.
Sexual Harassment
- Mediated and settled an employment case against the Federal Bureau of Prisons involving allegations of sexual harassment.
Wage and Hour Class Action
- Mediated and settled class action labor cases involving housing conditions, overtime pay, and meal break violations for dairy and migrant farm workers.
Whistleblower Wrongful Term
- Mediated and settled dozens of cases involving whistleblower claims.
Wrongful Termination
- Mediated and settled numerous employment cases, including those involving sexual harassment, hostile work environment, age discrimination, failure to accommodate, and wrongful termination.
Civil Rights
- Mediated numerous civil rights cases and recognized as the go-to mediator for such matters in the Eastern District. While on the bench, handled thousands of civil rights cases, including those involving police excessive force, conditions of confinement, and wrongful death.
- Mediated and settled multiple cases involving alleged First Amendment violations, including claims by protestors who were pepper-sprayed or shot with rubber bullets following the George Floyd incident.
- Mediated and settled cases involving individuals’ rights to record law enforcement officers.
- Mediated and settled hundreds of prisoner cases involving conditions of confinement, including inadequate medical care, excessive force, and failure to protect.
- Mediated a case involving alleged police excessive force stemming from a routine traffic stop.
- Mediated and settled a case involving allegations of illegal search and unlawful arrest.
- Mediated and settled a case involving a jail suicide of an individual experiencing a mental health crisis.
Class Actions
- Mediated and settled issues related to prisoners’ mental health care in a statewide class action.
- Mediated and settled class actions involving jail conditions, including contributing to the development and oversight of consent decrees.
- Mediated and settled class actions involving the loss of property by unhoused individuals, as well as cases focused on developing housing alternatives and implementing regulations for clearing homeless encampments.
Complex Civil Matters
- As a judge, presided over fire-related cases and conducted settlement conferences to facilitate resolution.
Environmental
- Mediated and settled numerous Clean Water Act cases, including matters involving sand mining operations, a scrap metal facility, and building materials.
- Litigated and settled numerous high-stakes cases involving causation and damages arising from wildfires.
- Mediated and settled a long-running mining dispute between an individual and the county.
Govt. Admin and Agency
- As an Assistant U.S. Attorney, defended fire cases arising from politically motivated acts that resulted in the destruction of a small town. He participated in approximately 50 settlement conferences to resolve claims brought by individuals for the loss of their homes and personal belongings. In addition, he pursued affirmative litigation on behalf of the federal government against entities responsible for causing fires, addressing issues such as point of origin, liability, and damages.
Insurance Coverage
- Mediated a premises liability case involving a trip-and-fall incident at a U.S. Post Office.
Bad Faith
- Mediated and settled numerous insurance coverage cases, including those involving fire and water damage, high-value jewelry theft (seven-figure range), disability benefits, auto accident claims, business disputes, insured misrepresentations, and bond conversion.
Subrogation
- Mediated a workers' compensation subrogation claim arising from a construction project and successfully settled with two separate defendants.
IP Patent
- Mediated and settled several cases involving alleged patent infringement and trademark misappropriation.
Medical
- Litigated and settled dozens of medical malpractice cases involving a wide range of healthcare settings, including private providers, military and VA hospitals, county jails, and state and federal prisons. These cases addressed issues spanning the full spectrum of care—from prenatal and childbirth matters to end-of-life treatment, and nearly every aspect of medical care in between.
- Litigated and settled Qui Tam and False Claims Act cases involving medical care and billing practices.
Probate
- Successfully litigated and resolved a high-profile probate case.
- Mediated and settled a complex family and banking dispute involving real property, personal assets, trust issues, and tax liabilities.
Legal
- Mediated and settled legal malpractice cases, including a high-profile dispute involving a renowned test pilot and his former attorneys.
Eminent Domain
- Successfully litigated and resolved cases involving the condemnation of real property.
Landlord/Tenant
- Mediated and settled several commercial landlord-tenant disputes.
Personal Injury
- Mediated and settled a case involving an individual who sustained severe burns after being arrested and left on hot pavement.
PI Auto
- Litigated and settled dozens of personal injury cases, including auto accidents, slip and falls, bicycle incidents, off-road vehicle crashes, and workplace injuries.
- Mediated a slip-and-fall case in a grocery store involving serious alleged injuries and multiple surgeries.
Premises Liability
- Mediated a dangerous condition case involving a fallen tree that struck an individual in a vehicle.
Wrongful Death
- Mediated and settled dozens of cases against law enforcement involving shootings, chokeholds, and high-speed pursuits.
- Mediated and settled numerous cases involving jail suicides.
- Mediated and settled cases involving allegations of failure to intervene.
Judge Newman took on a very difficult matter. His "pre- work" of speaking with both parties' counsel was invaluable in settling this matter. In addition, his demeanor and thoughtfulness during the mediation resulted in the settlement of a case I did not think was resolvable at this stage.
- Attorney on an Insurance Coverage Case
Judge Newman combines thorough preparation with insight born of real courtroom experience, mixes in humor as a way of connecting with litigants and attorneys, and strives to bring warring factions to reach agreements. As with most good settlements, the individual adversaries are not always thrilled, but he finds a spot where they can agree to resolve their differences. Importantly, he does not simply split the difference and carry competing monetary amounts back and forth between rooms. I have always valued his ability to look at details and provide a fair analysis, from his judicial perspective, and help recalcitrant clients find a path to resolution.
- Partner at a Prominent Sacramento-Based Law Firm
Always a pleasure working with Judge Newman.
- Attorney on a Federal Civil Rights Matters Case
Judge Newman was absolutely fantastic at getting the job done. Most times mediators are hands-off and don't get invested, but he really took an interest in our case/in the other party and helped us all move forward.
- Attorney on an Employment Discrimination Case
Judge Newman has the gravitas to resolve the most challenging of cases. He has an uncanny ability to size up the parties' interests, gain their confidence, and then works hard toward finding a resolution the parties can agree to without unnecessarily burdening the process with ego or attitude. He is Northern California's go-to mediator.
- Esteemed Civil Rights Trial Attorney
Judge Newman was well-prepared, knowledgeable, and very capable. He was able to settle two very sensitive matters, one of which we were not sure would settle before the mediation.
- Attorney on a Federal Civil Rights Matter Case
He is very knowledgeable about the Federal Tort Claims Act and procedures in federal court. He outlined all the differences for the client, the delay, and the difficulty she would face in federal court.
- Attorney on a Federal Insurance Coverage Case
Judge Newman was very effective, likeable, and well-prepared.
- Northern California Super Lawyer and Top-Rated Employment Attorney
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Arbitration/Private Judging Case Manager:
Angela Lamarre