News & Analysis as of

Public Entities

SB1025 Amending Section 12-820.03 Relating to Immunity for Public Entities

On May 1, 2017, Governor Ducey approved SB1025. This Bill amends A.R.S. § 12-820.03, which provides immunity to public entities and employees for claims arising from a plan or design for construction, maintenance, or...more

How Have Public Entities Fared in Civil Cases (Part 2 – 2006-2016)?

by Sedgwick LLP on

Last time, we looked at public entities’ winning percentage in civil cases at the California Supreme Court between 1994 and 2005. Today, we look at the second half of our study period – how did public entities fare between...more

How Have Public Entities Fared in Civil Cases? (Part I – 1994-2005)

by Sedgwick LLP on

Last week, we looked at how defendants have fared in criminal cases. Of course, in a sense that amounts to asking how prosecutors are doing. So this week, we ask the flip side of that question – how have public entities...more

Trail Immunity Not a Given for Public Agencies When Injuries Caused by Adjacent Property

by Best Best & Krieger LLP on

Of the many immunities available under the California Government Code, “trail immunity” under section 831.4 has long shielded public entities from liability when injuries are suffered by those using public property for...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

FOIA and Public Records: IHSA 3, BGA 0

by Holland & Knight LLP on

In Better Government Association v. Illinois High School Association and High School District 230 IL Supreme Court No. 121124, the Illinois Supreme Court, on May 18, 2017, affirmed an appellate court's ruling that the...more

Public Mergers and Acquisitions in Canada 2nd Edition - May 2017

by Bennett Jones LLP on

Canadian public merger and acquisition transactions in 2016 (in-bound and out-bound) comprised over C$400 billion in value with at least one-third of the transactions in Canada being fueled by foreign buyers. The second...more

Strict Adherence to the Government Claims Act is Required

by Low, Ball & Lynch on

J.M., a Minor, etc. v. Huntington Beach Union High School District - Supreme Court of California 2 Cal.5th 648 (March 6, 2017) - Government Code sections 810 et seq. (“The Act”) set forth the procedures and...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - April 2017

by Hinshaw & Culbertson LLP on

Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation - Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016) - Risk Management Issue: May a law firm's...more

Ten things you should know about the new Arbitration Law

by Dentons on

Under the old law, arbitration agreements must be made in writing; under the New Arbitration Law, this will now include electronic communications....more

California Supreme Court Rejects Claim by Second-Lowest Bidders on Public Works Contracts that Low Bidder Interfered with a...

by Nossaman LLP on

The California Supreme Court in Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (Feb. 16, 2017) Case No. S225398, --- Cal.3d ---, held that for public works contracts awarded to the lowest responsive, responsible...more

Civil Discovery Act Applies to Public Records Act Proceedings, California Appellate Court Concludes

by Best Best & Krieger LLP on

Public entities litigating California Public Records Act cases may now face the additional burden of responding to civil discovery requests. The Second District Court of Appeal recently issued its opinion in City of Los...more

Torts – Trail Immunity

by Low, Ball & Lynch on

Trail immunity will not protect against being hit by a stray golf ball, but it may provide certain parties with absolute immunity from resulting litigation. Miguel Leyva, et al. v. Crockett & Company, Inc. - Court...more

The Erosion of Cost Caps – at the Expense of Bona Fide Environmental Challenges?

by Latham & Watkins LLP on

Key changes to the Protective Cost Order regime (PCO) came into force on 28 February 2017, which could directly limit the ability of individuals and organisations to bring environmental-related legal challenges in England and...more

Missouri appellate court opens the door to Spearin claims by contractors against public entities

by Thompson Coburn LLP on

A Missouri appellate court has for the first time recognized that a construction contractor may pursue a breach of contract claim against a public entity owner based on the “Spearin doctrine,” meaning the contractor may...more

Appellate Court Expands Rice Notice Requirements

by Genova Burns LLC on

Following the February 8, 2017 Appellate Division decision in Kean Federation of Teachers v. Morell, public bodies must review their processes for issuing Rice notices and making available meeting minutes to the...more

Federal Court Holds California Insurance Code Bars Duty to Defend Against False Claims Act Violations

by Carlton Fields on

The Central District of California held that Section 533 of the Insurance Code eliminated any potential for coverage for suit under the state False Claims Act. On January 4, the U.S. District Court for the Central...more

Money, Dirt and Steel: Year End 2016

by Williams Mullen on

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action...more

Let's Talk Municipal Finance – An Introduction

by PretiFlaherty on

This is the first in a series of posts discussing financing alternatives available to municipalities and certain other governmental entities, such as school, water, and sewer districts. Municipalities and other...more

Eighth Circuit Dismisses Interlocutory FCA Appeal for Lack of Jurisdiction

by Ropes & Gray LLP on

In this April 2016 decision, the Eighth Circuit held that it lacked jurisdiction to consider the appeal of a two-state agency seeking review of a denial of its motion for summary judgment. Below the two-state agency had...more

PAC FOIA Opinions Address “Unduly Burdensome” factor, Personal Privacy Exemption and Public Records

by Franczek Radelet P.C. on

In three separate opinions rendered in November, the Public Access Counselor (PAC) of the Illinois Attorney General provided guidance regarding the Freedom of Information Act (FOIA) on the definition of “unduly burdensome,”...more

SEC Approves FINRA Rules Addressing “Pay-to-Play” Practices

by Ropes & Gray LLP on

The Securities and Exchange Commission (the “SEC”) recently approved the Financial Industry Regulatory Authority, Inc. (“FINRA”) proposal to adopt FINRA Rules 2030 and 4580, which set forth pay-to-play restrictions, and...more

Government Tort Claims Act – Claims Presentation Requirements

by Low, Ball & Lynch on

Emma Esparza v. Kaweah Delta District Hospital - Court of Appeal, Fifth Appellate District (September 21, 2016) - The Government (Tort) Claims Act (the “Act”) mandates that all claims or damages against a public...more

Alabama Ethics Commission Update

The Alabama Ethics Commission (the “Commission”) held a regularly scheduled meeting on October 5, 2016. At the meeting, the Commission formally extended the comment period for two significant advisory opinions affecting...more

Healthcare in the Kingdom of Saudi Arabia – An Overview

by Shearman & Sterling LLP on

The Kingdom of Saudi Arabia is widely recognised as having the largest and fastest growing population in the Gulf Cooperation Council (the “GCC”), with over half the population under 40. Until 2014, all Saudi nationals were...more

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