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Author Archive

Grant Winter

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California Expands the State’s Ability to Involuntarily Confine Persons in Psychiatric Facilities. Is it Constitutional?

By Grant Winter | Published December 20, 2023 | Posted in Workers' Compensation |

On October 10, 2023, Governor Gavin Newsom signed a bill which significantly expands the state’s ability to involuntarily confine people within psychiatric facilities. Prior law was written to preserve the dignity and liberty of persons suffering from mental health challenges by allowing for involuntary psychiatric confinement only in very limited circumstances. The change in law Read More

Drug Users as a Protected Class? Employers’ New Obligations Under the Marijuana Use “Anti-Discrimination” Laws; and California’s Narrow Escape from Legal Psychedelic Mushrooms

By Grant Winter | Published November 9, 2023 | Posted in Discrimination, Workers' Compensation |

Employers must be aware that many aspects of law and society are quickly evolving and old “norms” may not be reliable for dealing with employees in California. This is particularly true regarding use of illicit drugs like marijuana and psychoactive mushrooms. Recently, the California Legislature passed a bill permitting use and possession of certain hallucinogenic Read More

New California Laws Likely to Move Sex-For-Hire Out from Behind Closed Doors and into the Open Streets and Public Spaces: Best Practices for Sex Workers

By Grant Winter | Published February 27, 2023 | Posted in Workers' Compensation |

Two new California laws, when taken together, create a strong legal incentive for prostitutes to move their services out from behind the closed doors of hotel rooms and out onto the streets, public busses and trains, and park benches. The first law (Assembly Bill 1788), passed in the 2022 California legislative session and signed into Read More

California Legislature Creates Hurdles to Challenging Anti-Gun Laws in Court

By Grant Winter | Published August 16, 2022 | Posted in Civil Litigation |

The California Legislature recently passed a series of anti-gun laws that are likely unconstitutional, and in order to insulate those laws and all other California gun laws from legal challenges, the legislature passed an oppressive fee-shifting statute creating an enormous hurdle to any would-be litigant who might consider initiating a legal action. California SB 1327, Read More

2021 California Legislative Session: Jaywalking in California

By Grant Winter | Published April 1, 2022 | Posted in Civil Litigation |

In the 2021 California Legislative Session, the California State Legislature passed a bill that would have mostly decriminalized jaywalking in California and shifted the rights of way between cars and pedestrians on the streets. (In our June 1, 2021 blog posting we discussed that bill and some of its potential consequences – California’s “Freedom to Read More

Post Paternity Rights

By Grant Winter | Published November 3, 2021 | Posted in Civil Litigation |

In October 2021, United States Secretary of Transportation Pete Buttigieg became the subject of public commentary when it was reported that he had taken several weeks of “paternity leave” from his cabinet position in the midst of numerous nation-wide transportation emergencies. Some accused Secretary Buttigieg of job abandonment. Others commended him as a sort of Read More

California’s “Freedom to Walk Act”: How Decriminalizing Jaywalking Could Affect Premise Liability Cases

By Grant Winter | Published June 1, 2021 | Posted in Civil Litigation |

Recently, a California Court of Appeal took up the issue of whether the owner of a residential condominium complex owed a duty to provide adequate onsite parking spots at the complex to prevent visitors from having to park across the street. Issakhani v. Shadow Glen Homeowners Association, Inc. — Cal.Rptr.3d —- (Cal. Ct. App., Apr. Read More

LGBT Workers Protected by Title VII of the Civil Rights Act of 1964

By Grant Winter | Published March 2, 2021 | Posted in Workers' Compensation |

For the past 45 years, bills have been introduced in Congress to add “sexual orientation” to the list of protections in Title VII of the Civil Rights Act of 1964, and in recent years, bills have included “gender identity” as well. But to date, none have passed both the Senate and the House of Representatives. Read More

New Fines For Failures To Comply With Medicare Reporting Requirements Under Consideration

By Grant Winter | Published March 2, 2021 | Posted in Civil Litigation |

The Centers for Medicare & Medicaid Services (CMS) has recently proposed new ways to calculate fines for various entities responsible for paying for Medicare beneficiaries’ health costs if they fail to properly report their obligations to CMS. Under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (“Section 111 reporting”) Group Health Read More

Shipp v. Western Engineering, Inc.

By Grant Winter | Published December 14, 2020 | Posted in Civil Litigation |

On October 5, 2020, Mastagni Holstedt attorneys, David P. Mastagni and Grant A. Winter, prevailed in overturning a superior court decision that granted summary judgment in favor of a contractor whose alleged negligent conduct contributed to a traffic collision on a public roadway. Mr. Mastagni and Mr. Winter’s work on appeal not only resulted in Read More

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