The battle over the gig economy in California continues
9/6/21
By: John Moot
A California judge recently ruled that a 2020 ballot measure exempting rideshare and food delivery drivers from a state labor law is unconstitutional because it infringes on the Legislature’s power to set workplace standards. Uber, Lyft and …
Qualified immunity for private doctors in state correctional and mental health facilities
8/23/21
By: Jacob E. Daly
Although the U.S. Supreme Court hears and decides cases between October and late June/early July every year, litigants file petitions for a writ of certiorari year-round. Thousands of cert petitions are filed every year, and so …
Critical development in Ninth Circuit self-incrimination Caselaw
8/13/21
By: Parisa Saleki
The Ninth Circuit recently held that where a police officer obtains a suspect’s statements in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and prosecutors introduce those statements at a state criminal trial, the suspect …
Oh, Snap! Supreme Court Rules School District Violated Cheerleader’s First Amendment Rights in Mahanoy Area School District v. B.L
6/24/21
By: Tia Combs and Racheal Slimmon
On Wednesday, the U.S. Supreme Court reversed a controversial holding by the Third Circuit that schools cannot regulate students’ speech outside of the school’s walls. In doing so, the Court reaffirmed that while a …
Certiorari in the Georgia Supreme Court by the Numbers
6/22/21
By: Jacob Daly
The Georgia Court of Appeals has just ruled against your client, and so you’re considering whether you should file a petition for a writ of certiorari in the Georgia Supreme Court. Your client wants to know the likelihood …
Proposed Changes to the HIPAA Privacy Rule
5/13/21
By: Joseph Colette
The United States Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) has announced new changes to the Standards for the Privacy of Individually Identifiable Health Information under the Health Insurance Portability and Accountability …
The Supreme Court Considers Discipline for Off-Campus Student Speech
5/3/21
By: Rachael Slimmon
Last week the Supreme Court heard oral argument in a case that tests the boundaries of a school’s right to control the off-campus speech of its students. In Mahanoy Area School District v. B.L.,a Pennsylvania public …
Clemson University Settlements Highlight Trends in Title IX Sports Claims
4/27/21
By: Candice Jackson and Wayne Melnick
As colleges and universities face budget shortfalls that may be especially sharp due to challenges posed by COVID-19, two pre-litigation settlements reached by Clemson University last week highlight the risks to educational institutions of …
FMG Education Law Blog Series: Special Education Issues Facing Schools in the COVID-19 Era
4/22/21
By: Tia Combs and Candice Jackson
Part 2: “A Year Online”
A New and Deadly Virus
In January 2020, few Americans were aware the outbreak of a novel coronavirus that was about to dramatically alter how nearly every person …
California Supreme Court Clarifies Duty of Care, With Special Implications for Claims by Students and Minors
4/19/21
By: Candice Jackson and Robert A. Cutbirth
April is Sexual Assault Awareness Month. On the first day of this important month, the California Supreme Court issued Brown v. USA Taekwondo. Arising from allegations of sexual assault by members of the United States’ women’s taekwondo …
SCOTUS Grants Injunctive Relief In Free Exercise Case Challenging California’s COVID-19 Restrictions
4/14/21
By: Caitlin Tubbesing
Building on its pandemic-era Free Exercise Clause decisions, SCOTUS rejected the Ninth Circuit’s analysis of California’s COVID restrictions on religious activities for the fifth time on Friday (4/9/21). In a 5-4 vote in Tandon, et al. v. …
Did New Mexico Really “End” Qualified Immunity?
4/13/21
By: Wes Jackson
State and federal legislators are making a concerted push to end or curtail the defense of “qualified immunity,” which provides government employees a defense to civil rights claims in some circumstances. At the federal level, House Democrats …