Bringing a lawsuit is often a relatively simple procedure. You identify the defendant and properly serve process on the person or organization (or, possibly both) who you believe to be responsible for the event that damaged...more
Are North Carolina Courts Chipping Away at Public Official Immunity? For years, police officers and other public officials in North Carolina have enjoyed the protections of public official immunity when charged or sued...more
Degliomini v. ESM Productions, Inc. and City of Philadelphia, 253 A.3d 226 (Pa. June 22, 2021) (Pennsylvania Supreme Court held that pre-injury exculpatory release granting city immunity from duty to maintain city streets...more
The onset of spring weather can mean only one thing: We are heading into prime season for road construction. If you haven’t seen the cones and Jersey barriers yet, you will soon. The new construction season brings with it...more
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
On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state...more
Overview: The Ninth Circuit Court of Appeals recently ruled that Sonora police officers were entitled to qualified immunity from claims alleging unlawful arrest and use of excessive force on an “out-of-control” juvenile. ...more
The United States Supreme Court’s recent decision in FTC v. Phoebe Putney Health System, Inc., No. 11-1160, 568 U.S. __ (2013), makes clear that a state’s authorization to act in a manner with potentially anticompetitive...more
On Tuesday, the United States Supreme Court reined in the state action immunity doctrine, which exempts municipalities from scrutiny under the federal antitrust laws when they act pursuant to a “clearly articulated state...more
Last fall, the Illinois Appellate Court issued opinions on two different cases involving the tort immunity of school districts. In both cases, the court declined to find the schools liable....more