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PERB Articulates Duties Of Employer When Faced With Internal Union Strife

In City of Arcadia (2019) PERB Dec. No. 2648-M, the Public Employment Relations Board (PERB) grappled with a variety of issues surrounding a public employer's duties in the face of warring factions within one of its unions, as well as the propriety of "exploding" offers-an offer or proposal that expires on a given date-in the context of labor negotiations.

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AB 392 Changes Use of Force Standards

Governor Gavin Newsom has signed the California Act to Save Lives (AB 392) into law. AB 392 modifies the standards surrounding the use of deadly force by Police and other peace officers in the line of duty.

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Significant New Developer Fee Cases

As part of an uptick of cases in recent years regarding school impact fees, two recent cases argued by Lozano Smith on behalf of school districts have been decided by the California Sixth District Court of Appeal, with mixed results.

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California Supreme Court Holds Firefighting Immunity Under California’s Government Claims Act Is A Waivable Affirmative Defense

As part of an uptick of cases in recent years regarding school impact fees, two recent cases argued by Lozano Smith on behalf of school districts have been decided by the California Sixth District Court of Appeal, with mixed results.

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U.S. Supreme Court Overrules Precedent And Opens the Federal Court Door to Takings Lawsuits Before Exhaustion of State Law Just Compensation Remedies

The Supreme Court of the United States held in Knick v. Township of Scott that plaintiffs claiming a local government action has interfered with their use of property may bring their constitutional "takings lawsuit" under 42 U.S.C. section 1983 directly in federal court, and before exhausting other related state law remedies.

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New Law Clarifies Anti-Discrimination Laws Include Hair Discrimination

The California Legislature recently passed Senate Bill (SB) 188, known as the CROWN Act, which amends the definition of "race" contained in state anti-discrimination laws under both the Fair Employment and Housing Act and the Education Code to include "hair texture and protective hairstyles."

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Police Officer’s Pre-Promotion Conduct Could Be Basis to Rescind Promotion

On June 14, 2019 the California Court of Appeal for the Second Appellate District issued its opinion in Conger v. County of Los Angeles, finding that denying a police officer's promotion because of his conduct prior to the promotion, was not a violation of his rights and was instead a legitimate merit-based decision.

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Court Reaffirms Absences To Attend Medical Appointments May Be Evidence Of A Disability

In Ross v. County of Riverside, decided on June 20, 2019, the California Court of Appeal for the Fourth Appellate District reaffirmed that repeated or extended absences from work for the purpose of attending doctor's appointments amount to a limitation on a major life activity, thus physical impairments which cause such repeated or extended absences may meet the definition of a physical d

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Supreme Court Says Plaintiffs In Law Enforcement First Amendment Retaliation Cases Must Prove No Probable Cause For Arrest

Once a year, deep in the Alaskan wilderness, twelve thousand "snow hippies" exercise their right to party. Law enforcement officers chaperone them at a ratio of ten thousand to seven. At "Arctic Man," not to be confused with "Burning Man," there is a blizzard of skiers, snowmobilers, and bonfires.

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