Did New Mexico Really “End” Qualified Immunity?
4/13/21
By: Wes Jackson
State and federal legislators are making a concerted push to end or curtail the defense of “qualified immunity,” which provides government employees a defense to civil rights claims in some circumstances. At the federal level, House Democrats …
FMG Education Law Blog Series: Special Education Issues Facing Schools in the COVID-19 Era
4/2/21
By: Candice Jackson and Tia Combs
** This is the inaugural post in Freeman Mathis & Gary’s new Education Law Blog, beginning with a series addressing special education topics. **
Part 1: “Basics of FAPE: The Cornerstone of Special Education …
Does the Fourth Amendment Allow Community Caretaking?
3/26/21
A baby can be heard crying inside a residence for hours, and no one seems to be around.
An elderly lady does not show up for a planned dinner, the neighbors haven’t seen her all day, and …
Police Reform Bill Begins Moving Through Congress
3/25/21
By: Andy Treese
The House of Representatives has passed H.R. 1280, the “George Floyd Justice in Policing Act of 2021,” a police reform bill with potentially sweeping ramifications for federal, state, and local law enforcement agencies. If enacted in …
3/2/21
By: Curt Graham
Courts have long held that a warrantless entry by police into a residence to effectuate an arrest is presumptively unlawful in the absence of exigent circumstances. One such “exigent circumstance” arises when officers are in hot pursuit …
2/1/21
By: Jake Loken
The United States Department of Justice recently outlined the “Safe Policing” standards required for law enforcement agencies to receive discretionary federal grants. Under the Executive Order (https://stage.fmglaw.com/FMGBlogLine/government-law/a-summary-of-the-executive-order-on-policing-and-instances-of-misconduct/), the Attorney General sets the “standards for certification,” …
Are Adult Entertainment Clubs Going To Save California’s Restaurants?
12/22/20
By: John Moot
In what could be the beginning of a reopening for restaurants hard hit by California’s new stay at home orders, two San Diego adult entertainment clubs have come to the rescue. A San Diego Superior Court Judge on …
Philadelphia and Pennsylvania Announce New "Safer at Home" Restrictions
11/18/20
By: Justin Boron
The City of Philadelphia and the Commonwealth of Pennsylvania announced new measures this week aimed at curbing the spike in COVID cases in the region, but neither appear to be ready to initiate a broad-based shutdown like …
Is Qualified Immunity at Risk in the Coming Supreme Court Term?
10/22/20
By: Phil Savrin
The year 2020 has been tumultuous and unpredictable in many ways. Momentarily lost in the shuffle between the ongoing pandemic and the upcoming presidential election are the cries from some sectors of the community to “defund” police …
10/6/20
By: Wayne Melnick and Christopher Lee
One of the currently hottest areas of general liability law is the effect of medical-legal funding companies on litigation and the admissibility of evidence of this funding to undercut a plaintiff’s claims. Recently, the defense …
Georgia Enacts Immunity for COVID-19 Claims
8/17/20
By: Jake Daly
As described in my previous post, the Georgia General Assembly passed a bill in the waning minutes of the 2020 session to provide immunity from civil damages for healthcare facilities and providers, other businesses, and individuals …
Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones
In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states …