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Labor Beat Alerts

Gary Messing and Jason Jasmine Honored as Among Sacramento’s Best Lawyers

   Published on:  10 Sep, 2019

Messing Adam & Jasmine is proud to announce that partners Gary Messing and Jason Jasmine were selected “Best of the Bar” for 2019 by their peers and the Sacramento Business Journal. Gary and Jason were two of only a small handful of public sector Labor & Employment attorneys selected for the Business Journal honor. This … continue reading

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Air Time is Not a Constitutionally Protected Pension Benefit

   Published on:  04 Mar, 2019

Today, the California Supreme Court issued its long-awaited decision in CAL FIRE, Local 2881 v. CalPERS. The decision is 48 pages in length and offers much for further analysis. The main takeaways, for now, however, are: • The Court ruled against Local 2881, finding that “the opportunity to purchase [additional retirement service credit] was not … continue reading

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General Right to “Be Free From Excessive Force” Not Specific Enough to Defeat Qualified Immunity

   Published on:  16 Jan, 2019

The United States Supreme Court issued a per curiam opinion on January 7, 2019, in City of Escondido v. Emmons, reiterating that denial of qualified immunity to a police officer in an excessive force case must be based on violation of a clearly established right that is defined with specificity. It is well-established that qualified … continue reading

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Pension Case Oral Argument This Wednesday (Watch Live)

   Published on:  03 Dec, 2018

This Wednesday, December 5, at 9:00 a.m., the California Supreme Court will hear oral argument in CAL FIRE Local 2881 v. CalPERS. You can watch a webcast of the argument live at 9:00 a.m. Link for the live webcast will appear approximately 30 minutes before oral argument begins. If you do not catch the argument … continue reading

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Early Post-Janus Win for Labor

   Published on:  30 Nov, 2018

Earlier this week, a Reagan-appointed judge in the Western District of Washington struck a blow against Janus inspired litigation in favor of fairness and common sense. The judge ruled in Danielson v. AFSCME that the Janus v. AFSCME opinion, which overruled decades of precedent, should not be applied retroactively to make a union reimburse fair … continue reading

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Court Grants Intervention in CalPERS Action

   Published on:  27 Nov, 2018

Thanksgiving came early for would-be intervenors in a writ proceeding brought by Transparent California against CalPERS, seeking disclosure of the type of retirement benefits (service or disability) received by CalPERS retirees.  Although CalPERS turned over much of the information requested under the CPRA, it refused to identify which of its benefits recipients receives disability retirement … continue reading

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Governor Brown Appoints Josh Groban to Fill Vacant California Supreme Court Seat

   Published on:  15 Nov, 2018

Yesterday, Governor Jerry Brown appointed his Senior Advisor for Judicial Appointments, Josh Groban, to fill the vacant seat on the California Supreme Court, bringing the Court up to its full strength of seven justices. Nominee Groban must still be confirmed by a panel made up of the Chief Justice of the California Supreme Court Tani … continue reading

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Coalition Seeks Intervention in Transparent California Lawsuit

   Published on:  13 Nov, 2018

Earlier this year, self-described pension fraud watchdog group, Transparent California, issued a California Public Records Act request seeking a wide array of information on individuals receiving retirement benefits from CalPERS. Although CalPERS released almost all the information requested, it refused to identify the category of individuals’ retirement benefits, either as service retirement or disability retirement. … continue reading

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Oral Argument Set for December 5 in Air Time Vested Pension Benefits Case

   Published on:  08 Nov, 2018

Today, the California Supreme Court set oral argument in CAL FIRE Local 2881 v. California Public Employees’ Retirement System for December 5, 2018.  Argument will take place in Los Angeles.  The case is the first of 5 public employee pension cases currently under review by the Court to be set for oral argument. As well … continue reading

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Pension Case Argument Anticipated For Early November

   Published on:  10 Oct, 2018

We recently received correspondence from the California Supreme Court indicating that it is looking to set oral argument in CAL FIRE Local 2881 v. California Public Employees’ Retirement System as early as the first week in November, when the Court is scheduled to hear four days of oral argument in Sacramento.  This would be consistent … continue reading

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