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Governmental Immunity Breach of Contract

Fox Rothschild LLP

Charlotte’s Contracts to Build Transit System are Inseparable Part of Government Function to Provide Service to Public

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The City of Charlotte’s Gold Line Streetcar extension, that brought the system to a 4-mile, 17-stop line, opened to the public in August 2021. But disputes about its construction (and payment for it) that stretched back to...more

Freeman Law

Texas Law and Section 271 Contractual Waiver’s of Governmental Immunity to Suit

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Governmental Immunity - Under Texas law, school districts are generally immune from suit and liability unless the legislature expressly waives governmental immunity. Generally, absent an express legislative waiver, such as...more

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

Engineering Firm/Landfill Acquisition Contract: Texas Appellate Court Addresses Governmental Immunity Issue

The Court of Appeals of Texas (“Court”) addressed in a December 16th Opinion an issue arising out of litigation between an engineering firm and a Texas city related to a contract associated with services to obtain a landfill...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

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

Butler Snow LLP

Florida Supreme Court Holds Insurer Immune from Bad Faith Claims

Butler Snow LLP on

On May 14, 2015, the Florida Supreme Court held that a government-created insurance company, Citizens Property Insurance Corporation, was immune from statutory first-party bad faith claims. The Florida Legislature created...more

Brooks Pierce

North Carolina Court of Appeals Says: We Don't Fear The Turtle

Brooks Pierce on

You've no doubt heard about the University of Maryland's withdrawal from the Atlantic Coast Conference and the University's unwillingness to pay the $50 million withdrawal fee required by the Constitution of the ACC. ...more

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