4/3/20
By: Catherine Scott and David Cole
When asserting race discrimination, many plaintiffs bring claims under 42 U.S.C. § 1981, which affords “[a]ll persons . . . the same right . . . to make and enforce contracts . . . as …
4/3/20
By: Catherine Scott and David Cole
When asserting race discrimination, many plaintiffs bring claims under 42 U.S.C. § 1981, which affords “[a]ll persons . . . the same right . . . to make and enforce contracts . . . as …
Securing the Bag: California Supreme Court Rules Exit Searches Compensable
3/2/20
By: Gregory Blueford
Shunning the position of the United State Supreme Court’s decision in Busk v. Integrity Staffing Solutions, Inc., the California Supreme Court has ruled that time spent on the employer’s premises waiting for and undergoing company-mandated exit searches …
2/14/20
By: Brent Bean
The Equal Opportunity Employment Commission recently released its 2019 enforcement statistics. The EEOC is the administrative agency and gatekeeper for employment law claims asserted under Title VII of the Civil Rights Act of 1964. The EEOC receives …
U.S. Supreme Court Finds General Discovery Rule Inapplicable to the SOL for FDCPA Violations
1/16/20
By: Nicole L. Graham
In Klemm v. Rotkiske, No. 18-328, 589 U.S. ____ (2019), the United State Supreme Court unanimously agreed there is no blanket discovery rule that, as a matter of statutory interpretation, applies to all cases arising …
In the Driver’s Seat: Supreme Court Hears Oral Arguments in Kansas v. Glover
11/11/19
By: Rachael Slimmon
On November 4, the United States Supreme Court held oral arguments in the case of Kansas v. Glover. The Court examined whether a police officer may conduct a traffic stop solely because the vehicle’s registered owner …
6/24/19
By: Michael Hill
The U.S. Supreme Court is poised to answer the question of where to draw the line when a decision is motivated in part by race discrimination. Must the plaintiff show the decision would not have been made …
A Dishonorable Discharge – Debt Collection, Contempt, and Efforts to Loosen the Bankruptcy Discharge
5/23/19
By: Matthew Weiss
On April 24, 2019, the United States Supreme Court held oral argument in Taggart v. Lorenzen (In re Taggart), 888 F.3d 438 (9th Cir. 2018), cert. granted, 139 S. Ct. 782 (2019), a case …
California Tax Board for the Win
5/21/19
By: Matthew Jones
The California Franchise Tax Board has been dealing with a lawsuit for approximately 28 years. However, the lawsuit has finally come to an end due to the United States Supreme Court’s recent ruling. The highest court in …
FMG Client Headed to Supreme Court in Landmark Title VII Case to Resolve LGBT Employment Standards
4/23/19
The Supreme Court yesterday agreed to review two federal circuit court decisions that reached differing conclusions as to whether Title VII of the Civil Rights Act of 1964 covers sexual orientation. For approximately 40 years, the EEOC and the federal …
Split in the Circuits May Force SCOTUS to Revisit Kingsley
3/14/19
By: Ali Sabzevari
In Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015), the Supreme Court held that a pretrial detainee may prevail on a § 1983 excessive force claim if he or she shows that the force used was …
The Supreme Court Sets Groundwater Pollution in its Sights
2/20/19
By: Ze’eva Kushner
Yesterday, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s decision in Hawai’i Wildlife Fund et al. v. County of Maui, 886 F.3d 737 (9th Cir. 2018). The Supreme Court will …
Can Governments be Liable for Mass Shootings under the Constitution?
2/11/19
By: Phil Savrin
The recent tragedies of mass shootings have spawned litigation over the civil liabilities of state governments for failing to protect members of the public from harm, particularly when there were advance warning signs that police departments overlooked …