News & Analysis as of

Municipalities Liability

Farrell Fritz, P.C.

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

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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

Cities are Not Liable for Lessees’ Exercise of Choice in Speakers

Ninth Circuit Affirms Limits on Private and Municipal Liability for First Amendment Violations - The U.S. Ninth Circuit Court of Appeals affirmed that it takes more than some joint action with the government for a private...more

Nossaman LLP

Governor’s 2020 Budget Signals State’s Willingness to Takeover PG&E

Nossaman LLP on

Welcome to 2020! It is a new year and with every new year, comes a lot of new: new goals, new diet, new workout routines that leave every part of you sore... In the professional setting, a new year brings a lot of “chores,”...more

Franczek P.C.

Court Decision Reminds School Boards of the Importance of “Sunshine” in Guaranteed Energy Savings and Other Construction Contracts...

Franczek P.C. on

In a recent Illinois Appellate Court decision, a taxpayer unsuccessfully challenged a school district’s guaranteed energy savings contract. School Board members should be aware of this decision because the favorable outcome...more

White and Williams LLP

California Clarifies Its Inverse Condemnation Standard

White and Williams LLP on

In City of Oroville v. Superior Court, 446 P.3d 304 (Cal. 2019), the Supreme Court of California considered whether the City of Oroville (City) was liable to a dental practice for inverse condemnation damages associated with...more

Nossaman LLP

California Supreme Court Hears First Inverse Condemnation Case in Years

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On June 5, 2019, the California Supreme Court (“Court”) heard oral argument in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Oroville Case”). This case is notable because it is the first time...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

Best Best & Krieger LLP

Appellate Court Upholds Trail Immunity And Protects Pasadena from Liability - Court clarified availability of trail immunity...

Trail immunity has been examined by the appellate courts numerous times over the past 18 months, most recently in Arvizu v. City of Pasadena, where the plaintiff entered a public park after hours and injured himself when he...more

Nossaman LLP

California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

Nossaman LLP on

The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more

Best Best & Krieger LLP

Trail Immunity Does Not Shield from Liability Simply Because an Injury Occurs on a Trail - Appellate Court Ruling Means Less...

A tree branch fell off of a eucalyptus tree and struck a woman while she was walking through Mission Bay Park in San Diego. She filed suit against the City of San Diego, alleging the City negligently maintained the eucalyptus...more

Best Best & Krieger LLP

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

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

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