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

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

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

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

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

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

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

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

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

On Thursday, September 27, 2018, the Sacramento County Bar Foundation honored Gary Messing as a Centennial Fellow as part of the Sacramento County Bar Association's 100-year anniversary centennial celebrations.  Gary was one of only eleven attorneys recognized for this first-time distinction awarded to "attorneys at the pinnacle of achievement who, through distinguished professional accomplishment, substantial... continue reading