May 2015

Medical Marijuana Use and Employment

While California law allows individuals to possess and use medical marijuana as prescribed by their physicians, its use and possession is still illegal under federal law and under California law without a valid prescription.  For California medical marijuana users and their employers, this legal framework complicates questions concerning employees' rights to use prescribed medical marijuana and employers' rights to discipline employees for marijuana use.

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Not Too Social in the Workplace

California law actually prevents employers from requiring access to an employee's social media as a condition of employment.  California Labor Code section 980 very specifically limits an employer's access - except where (1) access is required for an employer-issued device, or (2) an employer reasonably believes the employee's social media to be relevant to an investigation of allegations of employee misconduct or violation of employment-related laws and regulations.

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Motorcycle Crash Case Settles for $300,000

Janssen Malloy LLP partner Michael J. Crowley last week settled a motorcycle/truck collision case for the defendants’ $300,000 liability insurance policy limit.  Christopher Brimley was riding his motorcycle northbound on R Street in Eureka onto the Samoa Bridge when a southbound truck suddenly and illegally turned left in front of him just before the intersection of R Street and 4th Street (Hwy. 101).  Mr. Brimley was ejected from his motorcycle in the collision, and thrown onto the pavement, while his motorcycle was dragged over 50 feet underneath the truck.

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Oregon Jail Death Case Settlement

Janssen Malloy attorneys Michael Crowley and Megan Yarnall recently negotiated a $450,000 settlement with the City of Cottage Grove, Oregon in a civil rights lawsuit filed following the May 2012 death of twenty four year old Nathan Cooper in the Cottage Grove Municipal Jail. Mr. Cooper was in custody serving a ten day sentence for possession of a single Xanax pill without a prescription. While in custody, Mr. Cooper suffered from pneumonia, but was denied appropriate medical care.

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