News & Analysis as of

Governmental Immunity Appeals

Dickinson Wright

Scope of Cross-Appeals in the Michigan Court of Appeals

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In the Michigan Court of Appeals, when a party files an appeal as of right (or the Court of Appeals grants leave to appeal), the appellee is entitled to file a cross-appeal. MCR 7.207(A)(1) (“When an appeal of right is filed...more

Harris Beach PLLC

With Ferreira v. City of Binghamton, New York Court of Appeals Preserves Public Duty Rule

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It has long been the rule in New York State that in order to hold a municipality responsible for injuries that arise from its performance of a governmental function, a plaintiff had to establish the municipality owed to him...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Engineering Firm/Landfill Acquisition Contract: Texas Appellate Court Addresses Governmental Immunity Issue

The Court of Appeals of Texas (“Court”) addressed in a December 16th Opinion an issue arising out of litigation between an engineering firm and a Texas city related to a contract associated with services to obtain a landfill...more

Holland & Hart - Employers' Lawyers

Court: 2013 CADA Amendments Give More Remedies to State Employees

On April 4, 2019, the Colorado Court of Appeals issued its decision in Houchin v. Denver Health and Hospital Authority, holding that under 2013 amendments to the Colorado Anti-Discrimination Act (CADA), state employees may...more

Harris Beach PLLC

New Challenges in Asserting Qualified Immunity in Roadway Design Cases

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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

McGuireWoods LLP

North Carolina Court of Appeals Takes Insurer to Task For Sloppy Drafting

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Last month, the North Carolina Court of Appeals released its decision in Meinck v. City of Gastonia, — S.E.2d —, 2019 WL 114054 (N.C. Ct. App. Jan. 2, 2019), holding a policy exclusion to be ambiguous because of poor drafting...more

Kilpatrick

COA Penalizes Insurer for Poor Writing in Policy Exclusion

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Bad grammar can lead to an adverse coverage decision – that’s the lesson one insurer (and its insured) learned the hard way when the NC Court of Appeals held that an incomplete sentence and improper grammar in an insurance...more

Hogan Lovells

Supreme Court says Congress can stop lawsuit that threatens Tribes casino

Hogan Lovells on

The Supreme Court, in a 6-3 decision last Tuesday affirmed the judgment of the United States Court of Appeals for the District of Columbia in Patchak v. Zinke, holding that Congress through the Gun Lake Act, which reaffirms...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Patchak v. Zinke

On February 27, 2018, the Supreme Court of the United States decided Patchak v. Zinke, No. 16-498. No opinion commanded a majority of the Court, but six justices concluded that the plaintiff’s lawsuit under the Indian...more

Pullman & Comley, LLC

CT Law of the Land

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Week of September 23 - Limits of relief possible for Intervenor under CGS 22a-19 - In Hunter Ridge LLC v. Planning & Zoning Commission Connecticut’s Supreme Court considered whether injunctive relief was available...more

Haight Brown & Bonesteel LLP

Dangerous Condition, Dangerous Precedent: California Supreme Court Expands Scope of Dangerous Condition Liability Involving Third...

In Cordova v. City of Los Angeles (filed 8/13/15, Case No. S208130), the California Supreme Court held a government entity is not categorically immune from liability where the plaintiff alleges a dangerous condition of public...more

Allen Matkins

Nevada Supreme Court Upholds Fraud Verdict Against The California Franchise Tax Board

Allen Matkins on

The Franchise Tax Board’s Shande - This is case that has been more than two decades in the making. It began in the 1990s when inventor Gilbert Hyatt filed a California tax return showing that he relocated from...more

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