News & Analysis as of

Governmental Liability

U.S. Reversed on 100% Allocation to Contractor

by Davis Wright Tremaine LLP on

The Ninth Circuit Court of Appeals has reversed a district court decision allocating 100% of CERCLA response to costs to a U.S. military contractor, where both the U.S. and the contractor were liable parties. TDY Holdings,...more

Ninth Circuit: defense contractors need not shoulder wartime cleanups alone

by DLA Piper on

A recent decision of the Ninth Circuit Court of Appeal rejected a lower court finding that the US government had no responsibility for cleaning up site contamination arising, in part, from work done to support the...more

Podcast Episode 8 – When the Government Decides to Flood Your Property, Is There a Claim? With Derrick Carson of Locke Lord LLP,...

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. Derrick Carson, Partner in Locke Lord's Houston office, joins us in Episode 8 to discuss Hurricane Harvey, the flooding in Houston and southeast...more

United States Liable as an Owner Under CERCLA for Contamination on Navajo Reservation Land

by Snell & Wilmer on

Last week, a United States District Court in Arizona held that the United States was an “owner” of Navajo Reservation Trust Land for purposes of CERCLA liability. See El Paso Nat. Gas Co. v. United States, 2017 WL 3492993 (D....more

The Takings Tree?

by Miller Starr Regalia on

In 2011, Pasadena was hit by a powerful storm carrying hurricane force winds that injured more than 5,000 City-owned trees, 2,000 of which were uprooted. During the course of the storm, an approximately 110 foot tall Canary...more

Showing “Notice” of a Dangerous Condition on Public Property is not that Easy!

Woodland Hills personal injury attorney Barry P. Goldberg gets regular case inquiries about sidewalk trip and falls. Sometimes the injuries can be devastation. However, many potential clients assume that since the dangerous...more

Dangerous Condition of Public Property – Trail Immunity

by Low, Ball & Lynch on

Teresa Burgueno, et al. v. The Regents of the University of California - Court of Appeal, Sixth Appellate District (Certified for Publication: January 13, 2016) - A public entity is generally liable for an injury...more

Summary of California Appellate Decisions - January 2016

Insurance Coverage; Vandalism and Malicious Mischief Exclusion - Hung Van Ong v. Fire Insurance Exchange (2015) 235 Cal.App.4th 901, 185 Cal.Rptr.3d 524 - Facts: The insured had a vacant apartment building....more

Corporations Can Risk Privilege Protection by Relying Too Heavily on Legal Advice when Firing Employees

by McGuireWoods LLP on

Corporations firing employees normally must explain why. All corporate lawyers recognize that affirmatively pleading "advice of counsel" as an employment case defense normally waives privilege protection, but the risks can...more

E-Discovery- Bring Back the Boxes

It is not uncommon, in the litigation of a federal construction claim, for the Government to produce gigabytes of electronic data, amounting to thousands and thousands of documents, in response to a motion for the production...more

Breaking News - Reinforcement For Buckman

by Reed Smith on

We’ve been watching for Armstrong v. Exceptional Child Center, Inc., ___ U.S. ___, 2015 WL 14194231 (U.S. Mar. 31, 2015), ever since we spotted an intriguing footnote mentioning the certiorari grant in Ouellette v. Mills, ___...more

Florida Court Holds That Engineering Company Cannot be Held Liable for Third Party Injury Despite Open and Obvious Design Defect

Vanessa Cruz was tragically killed on July 15, 2008, in a single vehicle accident on the Florida Turnpike. Vanessa was the front seat passenger in a vehicle when the driver lost control, left the roadway, and struck the end...more

School District Gets Expensive Lesson on Prompt Payment Law. But Did the Court Get it Right?

My kids don’t like riding in my car. I urge them to look outside the window (I don’t have DVD), suggest that they roll down their windows to get some fresh air (rather than have me turn on the A/C) and persist on...more

Santa Gives EEOC a Gift—For Now

by Sherman & Howard L.L.C. on

We previously reported on a case where the EEOC was hit with a $4.7 million judgment in attorneys’ fees and costs for pursuing a frivolous class action. (See blog post EEOC Silent on Sanctions) This week the Eighth Circuit...more

Another Reason to Review Government Vendor Agreements: Government Agencies Can Be Held Liable for Patent Infringement Claims

by Nossaman LLP on

Two recent court decisions serve as reminders of government liability for patent infringement claims: IRIS Corp. v. Japan Airlines Corp., Case No. 10-1051 (Fed. Cir., Oct. 21, 2014) (Prost, J.) and SecurityPoint Holdings,...more

Good Faith in Government Contracting: Board of Contract Appeals Adheres to Reasonableness Standard Revived by the Federal Circuit...

by Dorsey & Whitney LLP on

Ever since the Federal Circuit’s 2010 decision in Precision Pine & Timber, Inc. v. U.S., the controlling standard for the government’s duty of good faith and fair dealing has been in flux. Prior to Precision Pine, it was...more

California's Eastern District: Government Agency Liable for Costs When Site Cleanup Is Mismanaged

by Polsinelli on

In a ruling last month (California Department of Toxic Substances Control v. Jim Dobbas, Inc., et al), the United States District Court for the Eastern District of California held that the Department of Toxic Substances...more

Federal District Court Rules PRP Can Pursue CERCLA Cost Recovery Action Against State

by Perkins Coie on

Judge William B. Shubb of the Eastern District of California ruled last month that a state government agency can be held liable as a Potentially Responsible Party (PRP) even if the agency’s involvement at a particular site is...more

Illinois Court Holds No Coverage for Malicious Prosecution Claim

In its recent decision in St. Paul Fire & Marine Ins. Co. v. City of Zion, 2014 Ill. App. LEXIS 659 (Ill. App. Ct. Sept. 10, 2014), the Appellate Court of Illinois, Second District, had occasion to consider whether, under a...more

Plaintiff Who Pursued Frivolous Suit Against a City Ordered to Pay Attorneys' Fees and Costs

by Best Best & Krieger LLP on

A published appellate opinion last week followed successful arguments by Best Best & Krieger attorneys that an approximate $105,000 award of attorneys’ fees and costs under Code of Civil Procedure section 1038 applies to a...more

North Carolina Dental Board Urges Reversal of FTC’s “Radical” Stance on State Action Immunity

by McDermott Will & Emery on

North Carolina’s State Board of Dental Examiners has urged the U.S. Supreme Court to reject the Federal Trade Commission’s (FTC’s) “radical departure” from decades of established precedent that offers state actors immunity...more

The Woodward Case: Guidance to Trustees on Their Duties Under the Massachusetts Prudent Investor Act

by Goodwin on

The Massachusetts Supreme Judicial Court recently ruled that, with few exceptions, trustees have a duty to invest with inflation in mind. While not required to follow an investment advisor’s guidance, they can’t ignore the...more

City May Be Liable for Damage to Home Caused by Falling Tree in Inverse Condemnation and Nuisance

by Nossaman LLP on

During a windstorm, a tree owned by the City of Pasadena fell on Mr. O’Halloran’s residence, causing damage to his home. Mercury Casualty Company paid Mr. O’Halloran for the damage pursuant to his homeowner’s insurance...more

Ministry of Labour sued for hiring allegedly incompetent inspector

by Dentons on

The Ontario Ministry of Labour is facing a negligence suit by the lone survivor of the Christmas Eve, 2009 scaffold collapse that resulted in Metron Construction being fined $750,000.00 for safety violations....more

Not My Brother’s Keeper: Varley v. Regional School District No. 4 and A School District’s Responsibility For “Free Speech” Claims...

When entering into contacts with vendors, school districts hope that 1) the vendor will comply with the law, and 2) in any event, the vendor will be responsible for its own employment-related disputes. In Varley v. Regional...more

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