News & Analysis as of

Municipalities Negligence

Bond Schoeneck & King PLLC

Courts Clarify Elements Of Special Duty Doctrine and Malicious Prosecution

Recently, the New York State Court of Appeals and the United States Supreme Court each clarified municipal liability stemming from law enforcement activities in the context of state law municipal negligence claims and federal...more

Farrell Fritz, P.C.

Bow-wouch: A Word on Special Protections against Municipal Tort Liability

Farrell Fritz, P.C. on

When performing governmental functions, municipal agencies are immune from tort liability for negligence unless it is shown that there was a “special relationship” between the plaintiff and the agency at the time the claim...more

Farrell Fritz, P.C.

Snow Way They’re Paying for That: Limitations on Government Liability for Snow Plow Accidents

Farrell Fritz, P.C. on

With all the recent snow Long Island has seen, and with more in the forecast, snow plows, sanders, and other emergency response vehicles have been a common sight....more

Best Best & Krieger LLP

$6 Million Fine for Trustee Who Knowingly Allowed Illegal Cannabis Dispensaries on Property Owned by Trust

California Appellate Court Says Trustee Can be Held Personally Liable - A trustee can be held personally liable for flagrant violations of a city’s zoning code, a California appellate court held last week. When a person acts...more

Searcy Denney Scarola Barnhart & Shipley

Sovereign Immunity — Punishing the Innocent Injured

Sovereign Immunity — the STATE against the Injured - Antiquated Law Should Disappear from the Books - “The King can do no wrong” or as stated in Latin, “rex non potest peccare”. The legal maxim is also called “Crown...more

Troutman Pepper

A Project Consisting of Several Component Projects Is a Single Project or “Product Purchased by the Owner” Within the Meaning of...

Troutman Pepper on

City of Whiting v. Whitney, Bailey, Cox & Magnani, LLC, 2018 U.S. Dist. LEXIS 44943 (N.D. Ind. Mar. 20, 2018) - The City of Whiting, Indiana (the “City”) undertook a 26-acre lakefront development project. It hired an...more

Robins Kaplan LLP

N.Y. Court of Appeals Lowers the Bar on Summary Judgment in Personal Injury Cases

Robins Kaplan LLP on

On April 3, 2018, the New York Court of Appeals issued a closely divided opinion in Rodriguez v. City of New York, Case No. 32, holding that plaintiffs need not establish the absence of their own comparative negligence in...more

Harris Beach PLLC

A Question of Liability for Emergency Responders and Municipalities

Harris Beach PLLC on

As another State legislative cycle begins in 2018, there is a municipal liability issue that deserves attention regarding the liability protections extended under New York law to emergency vehicle operators. When a vehicular...more

Cozen O'Connor

Limitations and Notice Requirements for Tort Claims Against Government Entities

Cozen O'Connor on

Alabama - Source of Government Immunity - - Claims against State: Ala. Const. art. I, §14. ..State is immune from tort actions. ..Bars (1) claims against the State, (2) claims against a State agency, (3)...more

Troutman Pepper

SEC Settles With The City Of Harrisburg: Case Presents A Teaching Moment For Other Municipalities

Troutman Pepper on

On May 7, 2013 the Securities and Exchange Commission (SEC) and the City of Harrisburg, Pennsylvania concluded a years-long SEC investigation in a first-of-its kind settlement....more

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