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First District Court of Appeals Overturns Award of Campaign Costs

The First District Court of Appeals has issued its ruling in the appeal filed by Torren Colcord, President of NEMSA, against SEIU, Local 250 reversing the lower court’s ruling which awarded SEIU, Local 250 an amount in excess of $300,000 incurred by SEIU, Local 250 in a campaign to retain all paramedics statewide in their union. As addressed in another blog article, Torren Colcord and two other individuals organized a new union known as NEMSA that would be for the sole and singular purpose of representing paramedics, EMTs and other emergency service personnel statewide.

In short, the First District Court of Appeals found that an award of campaign costs is so speculative that it cannot be sustained by law and thus remanded this case back to the Alameda County Superior Court, more specifically Judge Wynne Carvill, to issue a new award that would strike the campaign costs and further suggested to the trial court that they reassess and examine their prior award of punitive damages in that the $300,000 plus underlying award could very well impact and/or potentially negate the punitive damages awarded in this case.

This was a case of paramount importance to all union employees and members in that it safeguards their right to create and select union representation without fear of economic ruin by way of an award of campaign costs to an international union such as Service Employees International Union, Local 250.

This appeal was brought and argued by the Evers Law Group on behalf of defendants Torren Colcord and Stacy Rutherford on February 22, 2008, in the California Court of Appeals, First District, First Division.

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