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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …