Home Run for Analysis of Use of Force During Medical Emergencies
10/31/17
By: Kevin R. Stone and Sara E. Brochstein
I’m bad at baseball. When I step in the batter’s box, I might as well have two strikes against me before the pitcher unleashes his first fastball. For me, it’s no big …
SCOTUS Affirms FMG Victory In First-Of-Its-Kind 11th Circuit Flash Bang Case
10/10/17
By: Wayne S. Melnick and A. Ali Sabzevari
Previously, we blogged on a first-of-its-kind summary judgment obtained by Freeman Mathis & Gary in a Section 1983 case involving allegations of excessive force based on the police’s use of “Flash …
Repaying Old Debts – The Supreme Court Limits FDCPA Liability for Scheduling Time-Barred Claims in Bankruptcy
10/9/17
By: Matthew M. Weiss
Earlier this year, the Supreme Court handed a victory to debt collectors when it held that the scheduling of a time-barred claim in bankruptcy was not a violation of the Fair Debt Collection Practices Act (FDCPA).…
Qualified Immunity and The First Amendment – Why Plaintiffs Continue To Struggle Proving “Clearly Established Case Law”
10/3/17
By: Bradley T. Adler and Will Collins
The recent Eleventh Circuit decision Gaines v. Wardynski, 2017 U.S. App. LEXIS 18276, No. 16-15583 (11th Cir. Sept. 21, 2017), is a good reminder of the importance and value of qualified immunity …
Will California Change the Statute of Limitations for Presentation of Minors' Claims under the Government Claims Act?
10/2/17
By: Owen T. Rooney
In J.M. v. Huntington Beach Union High School District, 2017 Lexis 2017, the California Supreme Court ruled that a minor plaintiff was required to comply with the time requirements for petitioning a court for relief …
Ranking the State Courts: Is the Litigation Environment Getting Better?
9/26/17
By: Jacob E. Daly
Earlier this month, the U.S. Chamber Institute for Legal Reform (“ILR”) published the results of its 2017 lawsuit climate survey. Participants in the survey were 1,321 in-house attorneys and other senior executives at companies with at …
Another Extension of the EB-5 Regional Center Program
9/14/17
By: Kenneth S. Levine
A continuing resolution entitled H.R. 601 was signed a few days ago by President Trump. The primary purpose of this latest CR was to approve an allocation of funding for federal government operations through December 8, …
Owen Rooney For Government Practice Group
9/5/17
By: Owen T. Rooney
In Ponte v. County of Calaveras, 2017 Cal. App. Lexis 710 the Court of Appeal held the plaintiff’s complaint for breach of a verbal contract was not brought in subjective and objective good faith under …
Three Years After Ferguson Shooting, Litigation Trudges Forward
8/10/17
By: Wesley C. Jackson
This week marks the three-year anniversary of the August 9, 2014 shooting of Michael Brown in Ferguson, Missouri. While the shooting sparked a national debate about officers’ use of force that continues to this day, one …
Governor Deal Signs House Bill 146 Firefighter Cancer Insurance Coverage
7/14/17
By: Pamela F. Everett
On May 4, 2017, Governor Deal signed House Bill 146 to amend Georgia Code Section 25-3-23 to provide cancer insurance coverage to fire fighters. This Bill, which becomes effective January 1, 2018, requires that all Georgia …
Justice Thomas Issues a Qualified Challenge to the Court’s Qualified Immunity Jurisprudence
7/6/17
By: Matthew Weiss
On June 19, the United States Supreme Court in Ziglar v. Abbasi, No. 15-1358 (June 19, 2017), declined to provide a federal Bivens action for constitutional violations arising from the detention of six foreign nationals in …
Supreme Court Disapproves “Provocation Rule”
6/5/17
By: E. Charles Reed, Jr. & Edwin A. Treese
The Supreme Court held in Graham v. Connor that an officer making an arrest may only be held liable for the use of force which is objectively unreasonable in light of …