Blog

A Tale of Two Cases: Cost Recovery for Public Records Act Responses and the Use of AEDs
Posted by Mike Pott in Legal Eye

The appellate courts in California were busy last week as they issued a number of opinions. Below are brief summaries of two such cases that impact public entities.

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2017 Legislative Session Summary
Posted by Mike Pott in Legal Eye

As the 2017 year winds down and we gear up for 2018, we take this opportunity to examine legislation that was passed in 2017 that will impact some, if not all, of the EIA’s members in 2018 and beyond.

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CMS Conditional Payment Notices and Some Dangers if You Fail to Respond
Posted by Mike Pott in Legal Eye

For several years now, the Centers for Medicare and Medicaid Services (CMS) has been ramping up its efforts to recoup as much money as possible from organizations that have primary responsibility for payment of medical claims. This includes pursuing amounts expended for treatment by Medicare in relation to workers’ compensation claims.

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Analyzing Disability Discrimination/Failure To Accommodate Claims In A Police Setting
Posted by Mike Pott in Legal Eye

If a police officer recruit cannot perform the essential functions of their job because of an injury suffered during their time at the Police Academy, can the officer prevail on a claim for disability discrimination or failure to accommodate?  In the recent case of Atkins v. City of Los Angeles, No. B257890, Second Dist., Div. Seven (Feb. 14, 2017), the Court dealt with such a case, providing guidance on how to analyze these claims in a police setting and instructing how to challenge a future wage loss award.  

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When an Arrest Can No Longer Be Called an Arrest: The Case of Schmidt v. CHP
Posted by Mike Pott in Legal Eye

For member agencies that have police departments, the recent case of Schmidt v. CHP (2016) 1 Cal. App. 5th 1287, serves as a reminder of the potential exposure to civil litigation if your agency is not complying with the Penal Code as it pertains to paperwork detailing arrests and detentions.

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The Second Appellate District Answers the Question: How Much Notice Regarding the Nature of the Investigation Does an Entity have to Provide a Police Officer Before Interrogating the Officer?
Posted by Maria Williams in Legal Eye

EIA members with public safety officer departments should make sure that reasonable advance notice regarding the nature of allegations against an officer is being provided. Complying with this requirement will help ensure that disciplinary action against an officer does not get overturned because the entity has violated the procedural requirements of the POBRA.

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Settlement of Employment Cases Brought Under the FEHA May Have Just Gotten More Difficult For Employers After a Recent Ruling by the California Supreme Court
Posted by Maria Williams in Legal Eye

The landscape for litigating employment cases brought under the California Fair Employment and Housing Act (FEHA) was recently altered by the California Supreme Court in Williams v. Chino Valley Independent Fire District (2015) 61 Cal.4th 97…

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