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Labor Beat Alerts

Through Janus, the Supreme Court Tilts the Playing Field but Doesn’t Change the Game

   Published on:  27 Jun, 2018

This morning the U.S. Supreme Court released its long-awaited decision in Janus v. AFSCME, in which the conservative majority found “fair share fees” unconstitutional. This decision will require action by many of our clients, and will impact all who care about the labor movement. The decision overruled a 41-year old precedent (Abood v. Detroit Board … continue reading

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New Development Regarding Police Searches of Residential Driveways

   Published on:  04 Jun, 2018

On May 29, 2018, the U.S. Supreme Court handed down a decision limiting police searches of residential driveways. We believe that this could significantly affect police officers’ ability to patrol neighborhoods and investigate crimes related to vehicles. (See May 29, 2018 article in The New York Times.) — Past Supreme Court decisions interpreting the Fourth … continue reading

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Briefing Concluded in CAL FIRE Local 2881 v. CalPERS

   Published on:  24 Apr, 2018

Yesterday, Messing Adam & Jasmine LLP filed a Consolidated Answer to Amici Curiae in what will be among the last written submissions in CAL FIRE Local 2881 v. CalPERS et al. currently before the California Supreme Court. The State has also filed an Answer, which will be available on our website as soon as we … continue reading

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Justice Gorsuch Doesn’t Tip Hand in Fair Share Fees Oral Argument

   Published on:  26 Feb, 2018

Today the United States Supreme Court held oral argument in Janus v. American Federation of State, Municipal, and County Employees, a case challenging the constitutionality of “fair share fees” in public unions and in which we filed an amicus brief on behalf of PORAC and fourteen other public safety unions earlier this year. Justice Gorsuch … continue reading

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Merits Briefing Concluded Before CA Supreme Court in CAL FIRE Local 2881 “Air Time”

   Published on:  23 Jan, 2018

Monday, on behalf of CAL FIRE Local 2881, Messing Adam & Jasmine LLP filed the Reply Brief on the Merits in the California Supreme Court case CAL FIRE Local 2881 v. CalPERS. As many of our clients know, this is a case on review before the California Supreme Court challenging the state’s decision to violate … continue reading

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Public Safety Coalition Led by PORAC Files Amicus Brief Supporting Respondents in Janus v. AFSCME

   Published on:  19 Jan, 2018

On Friday, January 19, 2018, Messing Adam & Jasmine LLP, working with the Stanford Law School Supreme Court Litigation Clinic, filed a Brief for Amici Curiae Fifteen Unions and Umbrella Organizations That Provide Services to Affiliated Unions and Associations Representing Nearly Half a Million Public Safety Employees in Support of Respondents. As our public safety … continue reading

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Impact of Decision in ACDSA on PEPRA Constitutionality

   Published on:  11 Jan, 2018

This Monday, January 8, 2018, the California First District Court of Appeal issued an important decision in Alameda County Deputy Sheriffs’ Association v. Alameda County Employees’ Retirement Association (“ACDSA”). The decision is largely a win for the public employees and a reaffirmation of most of the key principles of the vested rights doctrine that protects … continue reading

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Review Granted of Decision that Law Enforcement Agencies Cannot Voluntarily Provide Brady Materials to the DA or Public Defender

   Published on:  12 Oct, 2017

Back in July, we told you about the controversial ruling in Ass’n for Los Angeles Deputy Sheriffs v. Superior Court of County of Los Angeles (Los Angeles County Sheriff’s Department). See 13 JUL, 2017 post. Unsurprisingly, the Supreme Court granted the Sheriff’s Department’s petition for review. The extent of the court of appeal ruling surprised … continue reading

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Janus, the End of Fair Share Fees and the Next Round of Attacks on Your Pensions

   Published on:  04 Oct, 2017

Last Thursday, as has been widely reported in the media, the United States Supreme Court agreed to review the decision of the 7th Circuit Court of Appeals in Mark Janus v. American Federation of State, County, and Municipal Employees, Council 31, et al., Case No. 16-3638. It is expected that, with Neil Gorsuch filling the … continue reading

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Right to Discovery in Interrogations Explained (Expanded)

   Published on:  17 Jul, 2017

The Fourth District Court of Appeal made a significant interpretation of the Public Safety Officers Procedural Bill of Rights Act (“POBR”) (Gov. Code § 3300 et seq.) in the case of Santa Ana Police Officers Association v. City of Santa Ana, 2017 WL 2879796 (2017) that has the potential to impact many administrative investigations of … continue reading

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