Publications
Publications
Fact Sheet: 1,2,3-Trichloropropane and What it Means for Your Water Supply System
Currently, over 200 water supply systems in California have reported TCP detections in groundwater in over 300 hundred wells. Review this fact sheet to find out if your city's water system is affected and what to do to make sure you are in compliance when the new Maximum Contaminant Level (MCL) is adopted.
August 2016 Prison Break - Correctional Liability Update
Fake It 'Till You Make It? The Problem of Inmates Posing as Attorneys
Policing the Police Through Private Insurance
Ninth Circuit Extends Kingsley, Makes it Easier for Pretrial Detainees to Sue for Deliberate Indifference
Stay the Course: Why Law Enforcement Agencies Should Resist the Calls of Critics Who Want to Restrict Officers' Ability to Protect Themselves
July 2016 Prison Break - Correctional Liability Update
Using a Legal Beagle's Litigation History Against Him
For Whom the Statute of Limitations Tolls
Ninth Circuit Reinstates Consent Decree for Wiccan Prisoner
Seeing is Believing: The Power of Video Evidence in Civil Litigation
Social Media and the Workplace
Today's Insurance Professionals
Social media has changed every aspect of our society, including the workplace. Employers are struggling to keep up with all aspects of social media, including positive uses of social media for things like marketing and recruitment, to the negative issues presented by social media such as employee misconduct and invasions of privacy. The laws related to social media and the workplace continue to develop as lawmakers and courts attempt to keep up with the ever-changing face of social media. This article highlights some of the current issues facing employers.
June 2016 Prison Break - Correctional Liability Update
Ross v. Blake: Reinforcing or Undermining the Prison Litigation Reform Act (PLRA)
Joints in the Joint? An Overview of Medical Marijuana in the Correctional Context
More Changes on the Way for California's Overcrowded Prisons
A 5-Minute Guide to Defending Small Claims Litigation
Court of Appeal Issues Important Clarification of Summer Unemployment Benefits for School Employees
Education Law Alert
The California Court of Appeal has issued a significant ruling on the rights of school district employees to obtain unemployment benefits during the summer, ruling that substitute teachers and classified employees who receive "reasonable assurance" of returning during the succeeding academic year were not eligible for unemployment benefits for the summer, even if they were unable to obtain employment during the summer school session.
Court of Appeal Rules that Personnel Investigations are Privileged
Employment Law Alert
On June 8, 2016, the Court of Appeal, First District, ruled that a personnel investigation, performed by an outside attorney investigator, is protected by the attorney-client privilege and the work-product doctrine. City of Petaluma v. Superior Court (Cal. App. 1st Dist. June 8, 2016, No. A145437).
May 2016 Prison Break - Correctional Liability Update
Stopping the Runaway Jury
The Ninth Circuit Holds that Prohibiting the Possession of Marijuana Does Not Violate teh RFRA: An Analysis of Oklevueha Native American and Church of Hawaii, Inc., Michael Rex Mooney v. Lynch, et al.
Hamby v. Hammond: The Power of Qualified Immunity in Eighth Amendment Indifference Cases
April 2016 Prison Break - Correctional Liability Update
- Prisoners' Property Problems
- Lowry v. City of San Diego: What are the Implications for Section 1983 Excessive Force Cases in General and Police K-9 and Monell Cases, Specifically?
- Inmate Loses Flying Spaghetti Monster Lawsuit and Provides a Lesson in RLUIPA and Qualified Immunity
- Will the Supreme Court Begin Counting Calories?
Curiouser and Curiouser: Expansion of the Duty to Reasonably Accommodate Disability
Employment Law Update
For the first time, the California Court of Appeal held that the Fair Employment and Housing Act (“FEHA”) creates a duty to reasonably accommodate an applicant or employee who is associated with a disabled person. The holding of Castro-Ramirez v. Dependable Highway Express, Inc. is unprecedented and there is a possibility that it will be appealed to the California Supreme Court. However, based on this decision, California employers are required to engage in a good faith interactive process to consider reasonable accommodations for an employee or applicant who associates with a disabled person.
Strategies for Enforcing the Mental Illness Limitation Under De Novo Review
DRI ERISA Report, Volume 11 Issue 1
California Public Records Act Compliance Manual for Special Districts
California Special Districts Association
March 2016 Prison Break - Correctional Liability Update
Unlocking the Rules on Cell Phone Searches
Put it in Writing: The Importance of Documentation in the Correctional Setting
Taking the Deposition of an Out-of-State Witness
Enjoy it While it Lasts - Federal Courts See Rate Decrease in Prisoner Lawsuits
February 2016 Prison Break - Correctional Liability Update
Prison Break: Recent Escapes and Their Lessons
Signed, Sealed, and Delivered? A Guide to Filing Confidential Documents Under Seal
Recoverable Damages in Federal Court: What Happens When a Plaintiff's Health Care Provider Has Accepted Less Than the Billed Amount as Payment in Full?
January 2016 Prison Break - Correctional Liability Update
Hi-Tech Contraband Searches
Liar Liar, Pants on Fire: Using Rule 11 Terminating Sanctions Against Inmates
PLRA Exhaustion Update: The Ninth Circuit's Ruling in Reyes v. Smith
December 2015 Prison Break - Correctional Liability Update
In Memoriam: Warden Robert Borg (1938-2015)
There is No Such Thing as a Free Court Reporter
How Much has the Jury Pool Changed in Law Enforcement Cases?
Smart Integration - A Discussion with Former Warden Rober Borg (reprinted from Prison Break, December 2011 edition)
Addressing Health and Safety Issues Related to Public Encampments and Vehicle Habitation
Western City Magazine
Body Piercings and Tattoos in the Workplace: Can Employers Place Limits on Them?
Carl Warren Connects, Carl Warren
November 2015 Prison Break - Correctional Liability Update
You've Got Mail: Inmate Emails with Lawyers and Potential Privacy Concerns
Nineteen Lawsuits and Counting: Supreme Court Hears Argument About Inmate Filing Fees for Frequent Filers
The Ninth Circuit Declares Employee's Whistleblower Claim is Not Collaterally Estopped by a State Personnel Board Decision: An Analysis of Wabakken v. California Department of Corrections and Rehabilitation
Qualified Immunity Update: Mullenix v. Luna
Legal Trends
Burke, Williams & Sorensen, LLP
October 2015 Prison Break - Correctional Liability Update
Green Dot: Electronic Inmate Currency
Cutting Class: A Preview of the Supreme Court Case Campbell-Ewald Company v. Gomez
The Benefits of the Five Minute Interview: How Subtle Tweaks to the Strategies for a Post-Incident Interview Can Help Defend a Civil Rights Lawsuit
Turning Up the Heat on California's Prisoners
Pocket Guide to Disability Discrimination in the California Workplace
CPER Pocket Guide