Nick Fine is Senior Counsel at Orbach Huff & Henderson LLP and a dedicated career litigator with a primary focus on defending public entities and their employees in complex civil rights and premises liability matters.  His practice centers on the defense of municipalities, law enforcement agencies, and other public officials in high-exposure litigation, particularly cases alleging violations of constitutional rights under 42 U.S.C. § 1983, as well as claims arising from dangerous conditions of public property.

With nearly 15 years of experience in civil litigation, Nick has successfully represented public agencies in a wide range of cases in both state and federal court, including through trial.  His skillful approach includes resolving matters through favorable settlements and dispositive motion practice, including demurrers, motions to dismiss, and motions for summary judgment.  He is known for his meticulous case analysis, strategic litigation planning, and strong courtroom advocacy.

Nick also brings a deep understanding of appellate practice and has successfully represented clients before both state and federal appellate courts. Among his recent appellate victories are:

Restivo v. City of Petaluma – In this appellate case, Nick secured a significant victory from the California Court of Appeal, redefining the standard for establishing notice.  This published opinion established that plaintiffs cannot rely solely on the existence of an accident and expert conjecture to defeat summary judgment, and to compel trial.  Instead, a plaintiff is required to provide evidence confirming that a public entity had advance notice of the specific alleged defect.

Murphy v. City of Petaluma – Nick also prevailed before the California Court of Appeal in this action alleging failure to provide medical care. The published decision confirms that emergency responders owe no duty – and indeed have no legal authority – to override a patient’s autonomous refusal of medical care if the patient is mentally competent.  This decision preserved valuable public resources and reinforced protections afforded to municipalities under the Government Claims Act.

Throughout his practice, Nick remains committed to providing effective, efficient, and principled representation to public entities.  He understands the legal, political, and fiscal pressures these clients face and consistently delivers tailored legal strategies that minimize risk while respecting their broader public missions.