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School District Liability – A New Twist on The Respondeat Superior Doctrine

By Peter O. Glaessner on January 13, 2025
When is a school district police officer not on duty but on duty? This was the question by a California appellate court (Fourth Dist., Div. One) addressed in Juarez v. San Bernardino City... Continue Reading

Ninth Circuit Partially Overturns Qualified Immunity in Section 1983 Excessive Force Case

By Ameet D. Patel on December 23, 2024
In a recent decision, Spencer v. Aaron Pew, et al., 117 F.4th 1130 (9th Cir. 2024), a Ninth Circuit panel partially overturned a lower court’s ruling granting qualified immunity on... Continue Reading

No Failure to Warn When Design Plans Include Warnings

By Maria Nozzolino on August 27, 2024
Summary Plaintiffs, Kierra and Merek Stufkosky sued the California Department of Transportation (“Caltrans”) for dangerous condition of public property after their father died in a car... Continue Reading

No Warnings Required for Dangerous Recreational Activities

By Matthew T. Matejcek on August 27, 2024
Summary: A plaintiff who sustained injuries after diving headfirst into shallow waters from a 20-inch-wide seawall brought an action for dangerous condition of public property and failure... Continue Reading

Enforcement of Camping Restrictions is Constitutional

By Mark F. Hazelwood on August 27, 2024
Summary:  Plaintiffs filed a putative class action on behalf of homeless people living in Grants Pass, Oregon, claiming that the City’s anti-camping ordinances against public camping... Continue Reading

A Court Enforces a Liability Release for Recreational Activities on Public Property

By Nicholas D. Syren on August 27, 2024
Summary: A plaintiff sued the City of Oakland for dangerous condition of public property after his bicycle hit a pothole during a training ride. The plaintiff had signed an agreement... Continue Reading
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Recent Updates

  • Contract Limitations on Damages Will Not Diminish Tort Damages for Willful Injuries
  • Strategy for Defeating Class Certification in Wage and Hour Class Actions
  • Peter Van Zandt speaks at the NCLC/National Association of Consumer Advocates 2025 Spring Training in Los Angeles
  • Mediator’s perspective on AB1755 and SB26 which will go into full effect as of July 1, 2025
  • Qualified Immunity granted on Fourteenth Amendment claim because no analogous case existed at time of incident that “shocks the conscience” in using body weight as a use of force on a mentally ill individual who was not suspected of a crime
  • Madrigal v. Hyundai- CCP 998 does not require trial

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