Biography
Michael Osborne is a trial lawyer who has handled and tried a wide variety of litigation, ranging from complex business disputes and class actions for national and local companies to injury and wrongful-death claims asserted against product manufacturers, trucking companies, fraternities and sororities, security companies, and nonprofit youth-serving organizations. Michael is recognized among fraternal organizations and their insurers and risk managers for his nationwide representation of Fraternities and Sororities in high-exposure and high-publicity litigation and in significant crisis-management situations, having defended fraternal organizations in 25 states.
Elected to The American Board of Trial Advocates (ABOTA) in 2000, Michael has been named a Northern California “Super Lawyer” for each of the years 2013-2025. He has tried in excess of 125 jury trials to verdict in both federal and state courts. He is the only attorney in the United States within the past 35+ years who has tried a jury trial defending claims of hazing and sexual assault against a national Fraternity, which was affirmed on appeal.
A 1977 graduate of Haverford College (Haverford, Pennsylvania), Michael received his law degree in 1980 from Golden Gate University School of Law in San Francisco. He served as a criminal prosecutor with the El Dorado County (South Lake Tahoe) and San Francisco County District Attorneys’ Offices from 1981 to 1989. Since then, he has developed an extensive civil trial and litigation practice, serving the diverse litigation needs of national, regional, and local clients.
Education
- Golden Gate University School of Law (San Francisco) – J.D., 1980
- Haverford College (Haverford, Pennsylvania) – B.A., 1977
Representative Experience
- Barenborg v. Sigma Alpha Epsilon Fraternity, 33 Cal.App.5th 70 (2019). Summary Judgment granted in favor of national Fraternity, affirmed on appeal by the California Court of Appeal in a case of first impression in California on the issues of duty and vicarious liability involving a national Fraternity (with review denied by the California Supreme Court) (briefed and argued).
- John Doe v. Donohue, et al., Los Angeles County Superior Court, Case No. 21STCV16267.
- John Doe v. Big Brothers Big Sisters of America, et al., Los Angeles County Superior Court, Case No. 22STCV08963.Summary judgments granted in favor of defendant, Big Brothers Big Sisters of America, based on the lack of a duty owed by a national youth-serving organization in lawsuits involving child sexual assaults in the 1970s and 1980s.
- Clifford v. Alpha Epsilon Pi Fraternity, 2022 WL 830618 (Cal. App.). Jury trial in Sacramento in 2018 – the only jury trial nationwide within the past 35+ years involving claims of hazing and sexual assault against a national Fraternity, with a defense verdict on the hazing and sexual assault claims as to the Fraternity and a very favorable verdict on the negligence claim against the local chapter. This was also the first and only civil trial involving hazing claims under “Matt’s Law,” California’s anti-hazing statute, which was enacted in 2007. Trial court verdict and judgment affirmed by the Court of Appeal, review denied by the California Supreme Court (briefed and argued).
- Cornelius v. Alpha Kappa Lambda, 19 Wash.App.2d 862 (2021). Washington Court of Appeals reversed the King County Superior Court’s denial of the Fraternity’s motion to compel arbitration and remanded for an evidentiary hearing. The opinion was ordered published as it included a holding, as a matter of first impression for a Washington state appellate court, that an arbitration agreement could be applied retroactively to claims arising from events that occurred before the execution of the agreement.
- Cornelius v. Alpha Kappa Lambda, King County Superior Court, Seattle, Case No. 20-2-11983-1. Summary judgment granted in favor of national Fraternity, finding no duty owed to fraternity pledge (briefed and argued).
- Hall v. Millersville University, 400 F.Supp.3d 252 (E.D. Pa. 2019), appeal dismissed. Summary judgment granted in favor of national Fraternity, applying Pennsylvania substantive law (briefed and argued).
- Morton v. Theta Chi Fraternity, 2019 WL 6173687 (Mich. App.). Summary Disposition granted in favor of national Fraternity and the local Chapter, affirmed on appeal by the Michigan Court of Appeals.
Speaking Engagements & Fraternity Presentations
- 2022 FRMT Risk Management College
- 2021 Fraternal Law Conference, “Lessons Learned in Litigation”
- 2021 Fraternal Law Conference, “Litigation Update”
- Fraternal Law (July 2020), “California Court of Appeals Holds That Sorority Members Do Not Owe a Duty in a Negligence Case Based on Their Agreement to Abide by University Risk Management Policies and Protocols.”
- 2018 Fraternal Law Conference, “Litigation Update”
- 2018 Theta Chi Convention, “What do We do Now?Know Your Rights” and “Are You in Good Hands (Alumni)”
- 2018, 2017, 2016 FRMT Annual Meetings, National Counsel Review and Litigation Updates
- 2015 Fraternal Law Conference, “Litigation/Appellate Issues and Trends”
- 2014 Fraternal Law Conference, “Litigation Defense:How to be Prepared and What to Expect”
- 2013 FRMT Risk Management College, “Greek Organizations: An Industry Under Attack”
- 2012 FRMT Risk Management College, “How to Prepare for the Inevitable”
Memberships & Affiliations
- Elected to The American Board of Trial Advocates (ABOTA) in 2000
- Member, The San Francisco Chapter of the American Board of Trial Advocates
- California State Bar, Admitted 1980
- DRI, Former Member, Class Action Specialized Litigation Group
- DRI, E-Discovery Task Force (2002-2006)
- DRI, Former President, DRI Trucking Law Committee
- Initiated, Theta Chi Fraternity
- Appointed, California State Bar and San Francisco County Superior Court, Special Master in Criminal Investigations and Search Warrants
- St. Thomas More Society of San Francisco, Member, Board of Directors
Admissions
- State Bar of California
- United States District Courts: Northern, Eastern, Central & Southern Districts of California
- United States Court of Appeals, Ninth Circuit
- United States Court of Appeals, Third Circuit
- United States District Court: Eastern District of Michigan
- Pro Hac Vice Admissions Granted, 25 States and 5 U.S. District Courts