FACTUAL DISPUTES PREVENTED COURT’S DETERMINATION OF PLAINTIFF’S FIRST AMENDMENT CLAIM UNDER PICKERING BALANCING TEST
Courtesy of James R. Touchstone, Esq. In Moser v. Las Vegas Metro. Police Dept., the Ninth Circuit Court of Appeals held that a federal District Court did not adequately address […]
VOLUNTARY VACCINE AND WORKERS’ COMPENSATION
Courtesy of Paul R. Coble, Esq. & Richard A. Lucero, Esq. of Jones & Mayer While the distribution of the COVID-19 vaccine is advancing our effort to recover from the […]
EXECUTIVE DECISIONS AND THE COVID-19 VACCINES
Courtesy of Paul R. Coble, Esq. & Richard A. Lucero, Esq. The availability of effective vaccines offers a major advancement in our emergence from the COVID-19 pandemic. As a component […]
REASONABLE FACTFINDER COULD CONCLUDE THAT POLICE OFFICER VIOLATED PLAINTIFF’S DUE PROCESS RIGHTS BY OBTAINING COURT ORDER TO DESTROY PLAINTIFF’S FIREARMS WITHOUT GIVING HIM NOTICE
Courtesy of James R. Touchstone, Esq. In Wright v. Beck,[1] the Ninth Circuit Court of Appeals held that a plaintiff, who continued to assert a claim of right to previously […]
GENUINE ISSUE OF FACT EXISTED AS TO WHETHER DEFENDANT USED EXCESSIVE FORCE IN BRIEFLY KNEELING ON PLAINTIFF’S BACK
Courtesy of James R. Touchstone, Esq. In a case filed on October 27, 2020, in Cortesluna v. Luna,[1] the Ninth Circuit Court of Appeals reversed the lower court’s grant of […]
OFFICER ENTITLED TO QUALIFIED IMMUNITY IN OFFICER-INVOLVED SHOOTING
Courtesy of James R. Touchstone, Esq. The Ninth Circuit Court of Appeals in Ventura v. Rutledge[1] concluded that an officer who used deadly force was entitled to qualified immunity. In […]
BAIL DETERMINATIONS MUST BE BASED UPON CONSIDERATION OF INDIVIDUALIZED CRITERIA
Courtesy of James R. Touchstone, Esq., Jones & Mayer On August 26, 2020, the Supreme Court of California issued an order making a part of the California First District Court […]
COURT OF APPEAL AFFIRMS RUBEN LONA DECISION DENYING APPELLANT’S PETITION TO BE REMOVED FROM THE SHARED GANG DATABASE
Courtesy of Greg Palmer, Jones & Mayer On August 24, 2020, the Court of Appeal of the State of California for the Fourth Appellate District affirmed the decision of the […]
WORKERS’ COMPENSATION BENEFITS ARE PLAINTIFFS’ EXCLUSIVE REMEDY FOR THE INJURIES THEY SUSTAINED IN RESPONDING TO PEACE OFFICER’S REQUEST TO PROVIDE ASSISTANCE
Courtesy of James R. Touchstone, Esq. On August 27, 2020, in the case of Gund v. County of Trinity,[1] the California Supreme Court found that plaintiffs, who were injured by […]
CALIFORNIA SUPREME COURT PROVIDES SEVEN-FACTOR TEST THAT A TRIAL COURT SHOULD USE IN RULING ON A MOTION TO QUASH A SUBPOENA DUCES TECUM DIRECTED TO A THIRD PARTY
Courtesy of James R. Touchstone, Esq. In the August 2020 case of Facebook, Inc. v. Superior Court (Stephan),[1] the California Supreme Court directed trial courts to explicitly consider and balance […]
