News & Analysis as of

Summary Judgment Immunity

Zuckerman Spaeder LLP

Carroll v. Trump, Redux: Why Would Congress Want to Have State Law Determine the President's Scope of Employment When the...

Zuckerman Spaeder LLP on

The Justice Department’s invited amicus curiae brief in Blassingame v. Trump1 exposes another anomaly in treating the President’s scope of employment as a question of state tort law for purposes of the Westfall Act. In...more

Bradley Arant Boult Cummings LLP

Kentucky Fried Claim: Contractor Preserves Immunity from Suit by Complying with Government Contract Specifications

Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided...more

Harris Beach PLLC

New Challenges in Asserting Qualified Immunity in Roadway Design Cases

Harris Beach PLLC on

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

Proskauer - New Media & Technology

Online Vacation Rental Marketplace Sends Claims Packing with Carefully Drafted Terms

In a resounding victory for well-drafted terms and conditions and robust immunity under Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (“CDA Section 230”), a Massachusetts district court granted summary...more

Tucker Arensberg, P.C.

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

Tucker Arensberg, P.C. on

L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...more

Hinshaw & Culbertson LLP

Illinois Appellate Court Reinforces Rule Providing Immunity to Attorneys for Errors in Judgment

Judgmental immunity is alive and well in Illinois. Navar v. Tribler, Orpett & Meyer, P.C., 2015 WL 6163619 (Ill. App. Ct. Oct. 19, 2015). A recent Illinois appellate court decision held that a rule affording...more

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