News & Analysis as of

Public Entities Appeals

Seyfarth Shaw LLP

PAGA Paraphrased – Stone v. Alameda Health System

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers....more

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

Womble Bond Dickinson on

In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

Franczek P.C.

Illinois Appellate Court Issues New FOIA-Related Ruling Regarding Unduly Burdensome Exemption

Franczek P.C. on

The Illinois Appellate Court recently issued a new decision regarding the FOIA. In Kraft v. Chicago Police Department, the Court ruled in favor of the police department, finding it properly exempted records as unduly...more

Franczek P.C.

Supreme Court Issues Decision Affirming a Public Body’s Right to Censure Board Member

Franczek P.C. on

In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment rights. The censure followed...more

Stikeman Elliott LLP

Supreme Court Clarifies the Scope of Liability in Negligence for Public Authorities Making “Core Policy Decisions”

Stikeman Elliott LLP on

In Nelson (City) v Marchi, 2021 SCC 41, the Supreme Court of Canada held that public authorities may only be shielded from liability in negligence when making decisions that engage public policy considerations, such as...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court Affirms PAGA Claims Based on Cal/OSHA Violations: Are Further PAGA-Cal/OSHA Actions to Come?

In Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity...more

Farrell Fritz, P.C.

Standing And The Open Meetings Law

Farrell Fritz, P.C. on

A popular topic on this blog is standing in the context of a challenge to a municipal determination, primarily under the State Environmental Quality Review Act.   A recent case issued by the Appellate Division, Second...more

Franczek P.C.

Illinois Appellate Court Requires School Board to Pay for Services Rendered Under an Invalid Construction Contract

Franczek P.C. on

A recent Illinois Appellate Court case appears to have closed a loophole through which some school districts and other public entities have avoided liability for work performed by construction companies under invalid...more

Nossaman LLP

Court Provides Further Clarification on Inverse Condemnation Liability

Nossaman LLP on

We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...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

Best Best & Krieger LLP

No Committee Exception to Brown Act Public Comment Requirement for Special Meetings - California Appellate Court Decision in...

While the Ralph M. Brown Act provides a “committee exception” to the public comment requirement for public entities’ regular meetings, the exception does not apply to special meetings, a California appellate court said in a...more

Franczek P.C.

Illinois Appellate Court Case Recognizes Limitations to Tort Immunity Act in Construction Context

Franczek P.C. on

The Local Governmental and Governmental Employees Tort Immunity Act (the “Act”) limits the liability of public bodies for claims of negligence, including in cases based on performance of discretionary functions. ...more

Best Best & Krieger LLP

Public Entities Can Limit Public Comment Speaking Time at Meetings - California Appellate Court Finds Limit Did Not Violate Brown...

Public entities can place reasonable time restrictions on public comment at their meetings as long as the time restrictions do not violate state or federal law, a California appellate court said in a fairly sweeping decision....more

Troutman Pepper

Under Louisiana Payment Act, Once Contractor Meets Contractual Requirements for Final Payment, Public Entity Has a Duty to Issue...

Troutman Pepper on

Woodrow Wilson Constr. LLC v. Orleans Par. Sch. Bd., 2018 La. App. LEXIS 762 (April 18, 2018) - The Orleans Parish School Board (“OPSB”) awarded a prime contract to Woodrow Wilson Construction (“WWC”) for the construction...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

Holland & Knight LLP

Private Hospital Collaborating with State College Not “State Actor” for Section 1983 Purposes When Dismissing Trainee

Holland & Knight LLP on

Private hospitals commonly associate with public entities in running a variety of programs. These collaborations raise the question in civil rights litigation of whether and when the private hospital is a state actor. Under...more

Genova Burns LLC

Appellate Court Expands Rice Notice Requirements

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 public. ...more

Miller Canfield

Court Clarifies Public Bodies Requirement to Provide Documents Under FOIA

Miller Canfield on

A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe. In a June 23, 2016,...more

Nexsen Pruet, PLLC

Public Policy Alert: Freedom of Information Act Ruling

Nexsen Pruet, PLLC on

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

Haight Brown & Bonesteel LLP

Courts Will Go Above and Beyond to Award Attorneys’ Fees for Unreasonably Withholding Public Records

In a novel and somewhat convoluted fact pattern, the California Court of Appeal yet again sent a loud and clear message: The purpose of the California Public Records Act ("CPRA") is to monitor governmental activities despite...more

Nossaman LLP

Agencies Cannot Make Conditional Final Offers of Just Compensation in Condemnation Actions

Nossaman LLP on

In California eminent domain cases, a property or business owner is entitled to recover litigation expenses (attorneys' fees and expert costs) when the public agency's final offer of compensation is unreasonable and the...more

Best Best & Krieger LLP

Two California Appellate Court Rulings Demonstrate that Groundwater Pumping Fees are in the Eye of the Beholder

One Holds that the Fee is Subject to Prop. 26 and Another that it is a Property-Related Fee Subject to Prop. 218 - Two California Appellate Court decisions handed down this month address whether or not a local water...more

Nossaman LLP

Water District Not Liable In Inverse Condemnation When Water Pipe Breaks and Damages Property

Nossaman LLP on

California’s infrastructure is aging. There have been numerous reports of water line breaks and gas line leaks, and public agencies have been moving quickly to upgrade their utilities to minimize these risks and satisfy...more

Hinshaw & Culbertson LLP

Fee award against non-party attorney is thrown out by appellate court

Hinshaw & Culbertson LLP on

In Suarez v. City of Corona, 2014 DJDAR 12101, the California Court of Appeal for the Fourth Appellate District decided an interesting case concerning the interpretation of California Code of Civil Procedure Section 1038....more

Miller Starr Regalia

Governor Brown Is Not CEQA “Public Agency,” Holds Third District In Indian Casino Case

Miller Starr Regalia on

In a published decision filed September 24, 2014, the Third District Court of Appeal (per Justice Robie) held that CEQA’s definition of a “public agency” that is subject to its requirements (see Pub. Resources Code, § 21063)...more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide