News & Analysis as of

Breach of Contract Water Supplies

Mitchell, Williams, Selig, Gates & Woodyard,...

Wholesale Water Contract: Arkansas Court of Appeals Addresses Municipality/Water Authority Rate Calculation Dispute

The Arkansas Court of Appeals addressed in a May 23rd opinion a dispute between an Arkansas municipality and public water authority in regards to the sale and purchase of water. See Northeast Public Water Authority of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Government Immunity: Supreme Court of Texas Addresses Proprietary/Governmental Function Test

A June 1, 2018, Supreme Court of Texas (“Court”) opinion addressed whether a Texas municipality enjoyed governmental immunity from a terminated lakefront lessee’s lawsuit. See Wasson Interests, LTD, v. City of Jacksonville,...more

Goulston & Storrs PC

Real Litigation - Maroney, et al. v. Fiorentini, et al.

Goulston & Storrs PC on

In Maroney, et al. v. Fiorentini, et al., U.S. Dist. Ct., No. 1:16-cv-11575-DLC (D. Mass. Dec., 2017), Magistrate Judge Cabell in the United States District Court of Massachusetts partially denied a motion brought by...more

Clark Hill PLC

Collateral Attack on Final Judgment Disallowed

Clark Hill PLC on

In Engelman Irrigation District v. Shields Brothers, 2017 Tex. App. LEXIS 294 (Tex. March 17, 2007), the Texas Supreme Court affirmed the court of appeals’ ruling that a final judgment could not be declared void on the ground...more

Best Best & Krieger LLP

Water District Shorted by Federal Government May Recover Expectancy Damages

A federal appellate court may have made it possible for water purveyors to collect additional damages from the U.S. Bureau of Reclamation when water deliveries are shortened due to an inexcusable breach of contract. The...more

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