1. January 11, 2018

    Gun-Free School Zone Act Loophole Closed by Assembly Bill 424

    BY: Paul McGlocklin, Cathie Fields

    School districts are no longer authorized to grant permission to persons to carry firearms in school zones and on school campuses, closing a longstanding loophole under the California Gun-Free School Zone Act of 1995 (Penal Code § 626.9). Now, with certain limited exceptions, no one is permitted to possess a firearm in a school zone or […] more

  2. March 29, 2016

    Agency Fees Remain Valid after Supreme Court Splits 4-4 on Friedrichs

    BY: Paul McGlocklin, Tony De Marco

    While some predicted agency fees would be invalidated through this highly publicized lawsuit, the Supreme Court’s 4-4 split decision today in Friedrichs v. California Teachers Association means California’s mandatory agency fees laws withstand the most recent challenge. As we commented last October, the Supreme Court agreed to hear a challenge from 10 California teachers alleging […] more

  3. December 11, 2013

    Keep Your Friends Close and Your SCARs Closer: Mandated Reporters Are Not Immune from Lawsuits for Unwarranted Disclosures under the Child Abuse and Neglect Reporting Act

    BY: Paul McGlocklin, William Diedrich, Cathie Fields

    In a decision of first impression, the Fourth District Court of Appeal has held that a public school employee is not immune from a lawsuit for disclosing a Suspected Child Abuse Report (“SCAR”) to anyone other than those specifically listed in the Child Abuse and Neglect Reporting Act (Penal Code §§ 11164, et seq.; “CANRA”). […] more

  4. April 12, 2013

    Deleting Facebook Account has Adverse Consequences for a New Jersey Plaintiff

    BY: Paul McGlocklin, Cathie Fields

    A plaintiff claiming permanent disability stemming from on-the-job injuries suffered a significant blow to his case as a result of deleting his Facebook account. A New Jersey federal district court ruled the plaintiff’s actions merited an “adverse inference” jury instruction, meaning the jury that will eventually hear the plaintiff’s lawsuit will be notified that the […] more

  5. January 18, 2013

    Smile! You’re on Candid Camera! The Use of Student Recorded Cellular Phone Videos in Teacher Discipline Cases

    BY: William Diedrich, Paul McGlocklin

    Since the advent of the cellular phone camera, nearly every high school student is equipped to surreptitiously videotape his/her teacher.  While this practice is statutorily-prohibited, what happens when a student breaks the rule and the cellular phone video depicts an image that would subject the teacher to discipline? To be clear, the Education Code expressly […] more

  6. July 3, 2012

    Certificated Employee is Entitled to Attorney Fees in Dismissal Process if Accusation is Withdrawn Following Initial Decision to Proceed to Hearing

    BY: Paul McGlocklin, Mark Bresee

    In another blow to California school employers, a Court of Appeal has ruled that in a certificated dismissal or suspension proceeding, the employee is entitled to an award of expenses and attorney’s fees if the district withdraws its accusation against the employee after deciding to proceed to hearing, but before the hearing starts. The ruling […] more