Attorney Profiles

BulletElisa J. Stewart

Elisa J. Stewart is a 1999 graduate of Northeastern University School of Law in Boston, Massachusetts, and is licensed to practice law in California, Massachusetts, New Jersey and New York. 

Prior to graduation, Ms. Stewart served as an intern for the Honorable Joyce London Alexander, Chief Magistrate of the Federal District Court of Massachusetts and the United States Attorneys’ Office- Appellate Unit.

Ms. Stewart has been lead counsel in over forty criminal trials, both jury and bench trials.  She also has civil trial and administrative hearing experience.  She served as a public defender in Massachusetts, handling complex criminal matters.  She has also served as a deputy public defender in the Contra Costa Public Defender’s Office as a trial attorney responsible for approximately 400 juvenile matters.  Ms. Stewart assisted with drafting the brief on the merits and served as  second seat at counsel table in the Stogner v. California (2003) 539 U.S. 607 case before the U.S Supreme Court, where she secured a 5-4 vote in her client’s favor in June of 2003. 

As a partner at Stewart & Musell, Ms. Stewart has successfully prosecuted civil cases against state and federal agencies, as well as against private corporate employers, securing monetary damages, full retirement benefits, mandatory changes to the workplace, and employee’s return to work.  Ms. Stewart also continues to successfully defend adults and juveniles in criminal settings. 

Representative Cases

Stogner v. California (2003) 539 U.S. 607 tested the power of the state to revive criminal cases for prosecution long after the statute of limitations had passed.  The defendant was charged with crimes that had occurred as many as 50 years after the fact.  In 2003, the U.S. Supreme Court in a 5-4 vote agreed with the defendant’s attorneys that the State could not prosecute a person after the statute of limitations had run its course.

People v. J.U. , a former United States Military intelligence officer was charged in California with unlawfully possessing a loaded firearm in his vehicle.  Our research revealed that “Law Enforcement Officers Safety Act of 2004” (Title 18, U.S. Code section 926B), created an exemption for law enforcement officers to state laws, including the California Penal Code, which made such possession unlawful.  In a case of first impression, we secured a ruling that the Law Enforcement Officers Safety Act of 2004 applied to members of the armed forces and its retirees.
   
Springer v. Simcock, successful representation of a same sex couple’s civil cause of action regarding a hate crime perpetrated them on the basis of sexual orientation. 


BulletWendy E. Musell

Ms. Musell graduated from Northeastern University School of Law in 1999. Prior to graduation, Ms. Musell served as an intern for the Honorable Bruce Selya, First Circuit Court of Appeals, United States Appeals Court and the United States Attorneys’ Office- Major Crimes Division.

Since 1999, Wendy E. Musell has specialized in employment discrimination and disability cases, including individual and class action cases in state and federal court. 

Ms. Musell has significant experience representing employees in state and federal court, as well as in arbitration and administrative law hearings.  Prior to opening her own firm in July 2004, Ms. Musell served as a Harry Bridges Memorial Fellow at Leonard, Carder, Nathan, Zuckerman, Ross, Chin & Remar LLP, a law firm specializing in Plaintiff’s side employment and union representation. Thereafter, Ms. Musell worked as a Staff Attorney at The Hawkins Center of Law and Services for Individuals with Disabilities, a not for profit organization specializing in representing individuals with disabilities.

 In 2001, Ms. Musell joined the firm of Schneider, McCormac and Wallace as a Senior Associate where she specialized in class action employment discrimination, disability discrimination, and class action wage and hour litigation, as well as individual  employment discrimination cases. 

As a partner at Stewart & Musell, Ms. Musell has successfully prosecuted cases against state and federal agencies, as well as against private corporate employers, securing monetary damages, full retirement benefits, mandatory changes to the workplace, and employee’s return to work.

Ms. Musell’s has also spoken on numerous occasions regarding employment discrimination law including serving as a Continuing Legal Education Instructor for the State Bar of California; providing CLE’s on disability and employment related topics.  In 2005, she was a speaker at the U.S. Equal Employment Opportunity Commission’s Technical Assistance Program on “Disability: Avoid Top Ten Mistakes” and has been a guest speaker at the University of San Francisco School of Law and Golden Gate University School of Law.

She has received multiple awards for her representation of clients who are HIV positive and is a member of the National Employment Lawyer’s Association, Bay Area Lawyer’s For Individual Freedom, San Francisco Bar Association, and the California Employment Lawyers.

 
 
 latest news


State Parks & Rec settles gender- and gay-bias claims
The California Department of Parks and Recreation recently settled a sexual harassment lawsuit brought in August of 2008 by a park ranger who argued that she was harassed and experienced gender and sexual-orientation discrimination during the six years she worked at San Onofre and San Clemente State Beaches.

Employee Accuses Solano County Of Anti-Semitism
A legal fight is brewing between a social worker and the county he works for. A local man says he's proud of his Jewish heritage and proud of his faith. But, he claims because of discrimination he's been experiencing since 2005, he's lost faith in Solano County and now he's suing. CBS13's Ron Jones investigates.

Sex Assault and Violence at KPFA
PFA and Pacifica Foundation faces yet another case alledging violence and discrimination in the workplace. Today MAYA OROZCO, a former administrative and production assistant at KPFA, filed a civil rights lawsuit in Alameda County Superior Court alleging sexual assault, sexual harassment, retaliation, negligent supervision and hiring and wrongful termination against KPFA and Pacifica Foundation. Recurring allegations to Pacifica are refusal to investigate discrimination complaints, refusal to discipline perpetrators, and fostering an environment of impunity.

State of California and PHFE Charged with Sexual Harassment and Obscene Conduct
The State of California and Public Health Foundation Enterprises (PHFE) were served today with a lawsuit by former employee alleging sexual harassment, discrimination and retaliation.

Park ranger sues over sexual harrassment
A park ranger has sued the California Department of Parks and Recreation, saying she was harassed and discriminated against during the six years she worked at San Onofre and San Clemente state beaches because of her gender and sexual orientation.

Former KPFA Employee Charges Sex Discrimination
A former KPFA radio employee has filed a sexual discrimination and harassment suit against the station, charging that she was repeatedly harassed by her male supervisor and that station management refused to respond to her complaints and ultimately fired her when she continued to press her concerns.

Threat Level Privacy, Crime and Security Online Obama’s Prisoner Dilemma: Reject Torture, Defend Torturers
President Barack Obama finds himself in a quandary of sorts over his public position opposing torture and secret detentions. The new U.S. president has renounced those Bush administration practices, but government lawyers continue to defend the previous administration’s top officials accused of authorizing and carrying out those policies.