This article was reviewed March 2021 and is up-to-date.
Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong. The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment
Appeals
California Court of Appeal Clarifies Standard by Which a Public Agency’s At-Large Voting System Will Be Deemed to Violate the California Voting Rights Act, Having the Potential to Significantly Impact California Voting Rights Litigation
Last month, the Court of Appeal for the Second Appellate District of California issued a decision in Pico Neighborhood Association, et al v. City of Santa Monica (Jul. 9, 2020, No. B295935) __ Cal.App.3d __ [2020 WL 3866741] (“Pico”), finding that the City of Santa Monica’s at-large voting system did not violate the…
Preparing Briefs on Appeal
An important part of the litigation practice is appellate law. One side can win in the trial court – by a motion to dismiss, on summary judgment, or after a jury trial – only to have the result overturned on appeal. The court of appeal can send the parties back for an entirely new trial,…
California Supreme Court Lets Stand New Case on Officers’ Rights to Discovery Prior to Second Interrogation
On October 18, 2017, the California Supreme Court denied review of Santa Ana Police Officers Association, et al. v. City of Santa Ana et al., a decision from the Fourth District Court of Appeal involving information (sometimes referred to as “discovery”) that must be provided to a law enforcement officer in connection with a disciplinary…
Supreme Court Agrees to Look Again at Mandatory Agency Shop Fees
This post was authored by Amit Katzir
Last month, the U.S. Supreme Court agreed to review Janus v. AFSCME, a case out of Illinois challenging the constitutionality of mandatory agency shop fees for public employees. Illinois, like California, is one of several states where agency shop arrangements are authorized in the public sector.
Under…
Supreme Court Petition Submitted Regarding Application of U.S. Civil Rights Act to Sexual Orientation Discrimination
In April, we reported on the Seventh Circuit Court of Appeals decision in Hively v. Ivy Tech Community College of Indiana, which held that sex-discrimination under Title VII of the Civil Rights Act includes discrimination on the basis of sexual orientation. Like the California federal trial court in Videckis v. Pepperdine University, the…
An Employee Has Raised a Disability for the First Time During a Skelly. What Now?
This post was authored by Kristin D. Lindgren
Intro
Employers are well aware that employee disabilities can create mine fields due to the technical nature of disability discrimination laws. Even the most well-intentioned employers can run into trouble. But, what happens when the employer has recommended discipline of an employee, and the employee informs the…
Final Judgment Rule – Four Exceptions to Keep in Mind
Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong. The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment Rule.” The rule certainly sounds dark and fateful. Perhaps…
Appellate Law — What Are Amicus Curiae Briefs?
A couple of years ago we blogged about Amicus Curiae briefs, their role in the appellate law, and how they can benefit California’s employers. Since our original post, we witnessed a number of cases in which Amicus Curiae briefs played a significant role in landmark cases. Such briefs continue to be an important way for…
Appellate Law — What Are Amicus Curiae Briefs?
Public agency officials and employees may read newspaper articles about recently decided landmark cases in public sector labor and employment law, and may feel relief, anger, surprise, or vindication in the result. This is especially true if the decision impacts how the agency functions on a day-to-day basis. These same individuals may also find developing…