Public Entities

News & Analysis as of

Illinois Appellate Court Upholds $2 Million Punitive Award Against Chicago State University

The due process review of a punitive damages award for excessiveness has a number of interconnected parts. A series of relatively small errors can quickly add up and dramatically skew the outcome of a review process that is...more

Two Florida P3 Bills Signed into Law

On Wednesday, March 30, 2016, Florida’s Governor Rick Scott signed two bills that further advance the state’s existing public-private partnership (P3) framework and provide additional guidance for implementing P3s. The two...more

Childhood Sexual Abuse – Delayed Accrual of Plaintiff’s Claims Against a Public Entity

Latrice Rubenstein v. Doe No. 1, et al. - Court of Appeal, Fourth Appellate District (March 22, 2016) - Generally, a civil cause of action for child molestation accrues at the time of the molestation, but delayed...more

Miami-Dade County Takes P3 Reform Further After Florida Passes New P3 Legislation

After months in several Florida House and Senate committees, the State Legislature finally passed two related bills that were both signed by the Governor at the end of April. Importantly, the first bill, SB 124, establishes...more

Bagley-Keene Act Roils State Bar Committees

Today, the California State Bar becomes subject to the Bagley-Keene Open Meeting Act (Cal. Gov’t Gov’t Code § 11120 et seq. ). The Bagley-Keene Act generally requires multimember state bodies to provide public notice of...more

What the Internet of Things Means for Local Governments

Increasingly, computing power is everywhere. The personal computer that once resided on the desktop migrated to the hip pocket and the wrist watch, and now to eyewear and clothing. Welcome the “Internet of Things,” or...more

Robocall Roulette: Federal Court Hands Significant Victory to TCPA Defendants

Businesses and organizations staring down lawsuits brought under the Telephone Consumer Protection Act (TCPA) have received welcome news from the federal courts. In a decision with significant implications, a Florida district...more

Inadvertent Disclosure Does Not Waive Exemptions/Privileges Under the PRA

California Supreme Court Gives Public Agencies Safety Net - A public agency’s inadvertent disclosure of privileged documents under the Public Records Act does not waive the privilege, the California Supreme Court has...more

California Supreme Court Finds that a Public Agency Cannot Inadvertently Waive Attorney-Client and Work Product Privileges

Last year, I wrote about the Second Appellate District case of Ardon v. City of Los Angeles. In Ardon, the appellate court found that a public agency can waive statutory privileges that it otherwise would have if it produces...more

Public Policy Alert: Freedom of Information Act Ruling

A recent ruling regarding South Carolina’s Freedom of Information Act is one to note. It came on February 22 in DomainsNewMedia.com vs. Hilton Head Island-Bluffton Chamber of Commerce....more

Continuing Disclosure Information Reporting Deadline Draws Near

Municipalities, school districts, and other public entities that borrow money – whether through public offerings of bonds or private bank loans – generally are required to provide updated financial and operational information...more

The Wave of Website and Other ADA Accessibility Claims – What You Should Know

Title III of the Americans with Disabilities Act (ADA), providing for equal access for persons with disabilities in places of public accommodation, has made the country far more accessible. Yet, given its highly technical...more

The Latest "Trojan Horse" in The Judicial War on The Deliberative Process Privilege

In a decision issued December 21, 2015 (Caldecott v. Superior Court of Orange County (Newport- Mesa Unified School District)), the California Court of Appeal ruled that a former school district employee is entitled to records...more

California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

Earlier we wrote about the affirmative defense of “design immunity” which can be used by public entities to shield themselves from personal injury claims dangerous conditions on public property. Under the design immunity...more

The Ins and Outs of Joint Powers Authorities in California

Joint Powers Authorities are legally created entities that allow two or more public agencies to jointly exercise common powers. Forming such entities may not only provide a creative approach to the provision of public...more

Surface Transportation: Be Informed and Heard

New Federal Bill for Transportation Funding on the Road to Passage - As we previously reported on our blog, Congress is racing toward an Oct. 29 expiration date for federal surface transportation programs critical...more

Design Immunity of Public Entities: Sometimes Designs, Like Recipes, are Better Left Alone

April 23, 1985 will live in infamy. It was the day the Coca-Cola Company announced it was changing its “secret” recipe and introducing a new kind of Coke, referred to by the public as simply, “new Coke.”...more

No Distinction to be Made Between Foreign Commercial and Administrative Law Awards for Exequatur in France

France has had a dual jurisdictional system since the 19th century. On the one hand, the administrative courts have jurisdiction to hear most disputes which involve public entities and, on the other hand, the judicial courts...more

Size Your Project Up: Developing a Tailored RFP Can Lead to More Effective Procurements, Successful Projects and Fewer Protests

Gone is the day when public agencies only have one option — the traditional design-bid-build construction delivery method — for procuring a contractor for a public construction project. Instead, there is an increased...more

Can a Public Agency Inadvertently Waive Attorney-Client & Work Product Privileges? First and Second Appellate District Split on...

In January, I wrote about the Second Appellate District case of Ardon v. City of Los Angeles. In Ardon, the court found that a public entity can waive statutory privileges that it otherwise would have if it produces...more

What Happens When the United States Condemns a Street, Road or Public Highway?

Generally when the United States takes property pursuant to its eminent domain authority, “just compensation” is based on the market value of the property on the date of the taking. However, when acquiring a street, road or...more

84 House members urge expedited CFPB action on small business lending data collection rules

84 House members recently wrote to the CFPB to urge it to expedite rulemaking to implement the small business lending data requirements of Dodd-Frank Section 1071. Section 1071 amended the ECOA to require financial...more

Uncertainty of Legislative Earmarks Not Enough to Deem Mitigation Infeasible

California Supreme Court Takes on CEQA Issue in State College Expansion Project - State agencies cannot declare mitigation infeasible for construction projects on the grounds that the California Legislature has not — and...more

Doing Business With the State of Connecticut: A Guide to Data Privacy and Security Requirements

Doing business with Connecticut’s state government requires individuals, businesses and other entities to comply with numerous legal, regulatory and contractual requirements. Among these obligations are some of the nation’s...more

San Francisco Cannot Sue Federal Agency For Gas Explosion Under APA

Yesterday, the Ninth Circuit issued its Opinion in City & County of San Francisco v. US Department of Transportation, holding the City may not proceed against the Secretary of Transportation and the Pipeline and Hazardous...more

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