News & Analysis as of

Public Property

High Court to Address Constitutionality of Inter Partes Reviews

On June 12, 2017, the U.S. Supreme Court in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (U.S. June 12, 2017) granted certiorari to decide next term if certain American Invents Act (AIA) review proceedings,...more

Oil States v. Lee Brings Mother of all IPR Cases to Supreme Court

On June 12, the Supreme Court took certiorari on probably the biggest IPR case possible: a case challenging the constitutionality of IPRs on separation-of-powers and seventh amendment grounds. This comes just a few weeks...more

Supreme Court to Decide Constitutionality of AIA Reviews

It’s no secret that patentees have been generally unhappy with both the process and outcomes of AIA reviews. Now the Supreme Court has agreed to decide whether the entire AIA review system will be eliminated on...more

Supreme Court to Review the Constitutionality of AIA Patent Review Proceedings

Yesterday, the Supreme Court granted certiorari in a case that may have profound implications for U.S. patent law by abolishing inter partes reviews at the U.S. Patent & Trademark Office (USPTO). In Oil States Energy...more

NO DEAL! SB 649 Passed Out of Appropriations Committee Without Amendment - This Small Cell Bill Curtails Local Discretionary...

by Best Best & Krieger LLP on

A working group formed in the Senate Governance and Finance Committee to forge a compromise on rental rates for use of public property such as street lights and traffic lights by operators of small cells failed to reach any...more

Torts – Recreational Use Immunity – Consideration Exception

by Low, Ball & Lynch on

The consideration exception to CA’s recreational use immunity statute is contingent upon payment of consideration, not its receipt by the party seeking immunity. Pacific Gas and Electric Company v. The Superior Court of...more

Iowa Gun Legislation & Its Impact on Government Health Care Facilities

by Davis Brown Law Firm on

Last month, former Governor Branstad signed House File 517 which significantly expands the rights of gun owners in Iowa. The legislation also allows Iowans to sue cities or counties that enact “gun-free zones.” ...more

Court dodges "Drone Slayer"

by DLA Piper on

A recent decision in the infamous "Drone Slayer" case answers some questions relating to the role federal courts will play as individuals seek to vindicate their property and privacy rights against UAS operators. But at the...more

Private Sale Of Real Property Voided Where District Rejected “Substantially Higher” Offer From Charter School

by Tucker Arensberg, P.C. on

In re: Private Property Sale by the Millcreek Township School District, 143 A.3d 1037 (Pa. Commw. Ct. 2016) (Decided July 20, 2016). The Commonwealth Court of Pennsylvania reversed the decision of the trial court which had...more

Is a City Immune for Failing to Install Signals at a Crosswalk?

Woodland Hills personal injury attorney Barry P. Goldberg is seeing more and more serious pedestrian accidents at crosswalks. In fact, Mr. Goldberg recently posted articles on the most dangerous intersections for pedestrian...more

CAS Legal Mailbag Question of the Week

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I admit to being a bit of a neat freak, and I am now wondering whether my idiosyncrasy has gotten me in trouble. Last month, I was walking through our gymnasium and saw a bunch of mats in the corner,...more

Supreme Court Approves Public Entity Design Immunity Defense

by Low, Ball & Lynch on

Randall Keith Hampton, et al. v. County of San Diego - Supreme Court of California (December 10, 2015) - In California, a public entity can be liable for injuries caused by dangerous conditions of public property...more

California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

Earlier we wrote about the affirmative defense of “design immunity” which can be used by public entities to shield themselves from personal injury claims dangerous conditions on public property. Under the design immunity...more

Design Immunity of Public Entities: Sometimes Designs, Like Recipes, are Better Left Alone

April 23, 1985 will live in infamy. It was the day the Coca-Cola Company announced it was changing its “secret” recipe and introducing a new kind of Coke, referred to by the public as simply, “new Coke.”...more

Santa Monica Successfully Asserts “Trail Immunity” For Sidewalk/Path at Palisades Park

Woodland Hills personal injury attorney Barry P. Goldberg is frequently consulted concerning fall accidents and biking accidents in and around Santa Monica. In a recent unpublished case, the Court expanded the immunities...more

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

California Supreme Court More Liberally Defines a “Dangerous Condition” of Public Property

Woodland Hills personal injury attorney Barry P. Goldberg id careful about lawsuits and claims involving alleged dangerous conditions of public property. Proving a “dangerous condition” is not always easy even if the...more

Tragic Death Focuses Attention on Campus Police

by WilmerHale on

While the nation’s attention has been focused on incidents involving the use of lethal force by local police—and ensuing racial and community unrest, protest, and violence—recent incidents involving campus police highlight...more

The Unintended Consequences of Public Ownership of Sports Stadiums – The NFL meets Concealed Carry Gun Permits

by Butler Snow LLP on

“Politics is tricky; it cuts both ways. Every time you make a choice, it has unintended consequences.” — Stone Gossard A recent opinion from the Tennessee Attorney General’s office, No. 15-63, July 29, 2015, illustrates...more

Ten Commandments Monument on Public Grounds Violates Oklahoma Constitution

In a case we have been following, Oklahoma’s Supreme Court has ruled that a Ten Commandments monument on the Oklahoma Capitol grounds is unconstitutional under state law. We previously reported on the lower court’s decision...more

New Tennessee Business Related Laws Go Into Effect

by Burr & Forman on

Hundreds of new Tennessee laws went into effect on July 1, 2015. The following is a summary and link to several new laws which can affect Tennessee businesses. SB 1058 – Wrongful discharge for firearms and...more

Illinois Federal Court Addresses Lawsuit by Christian Leafletter on Public School Property

by Franczek Radelet P.C. on

In a recent decision in the Northern District of Illinois, a trial court granted summary judgment in favor of a school district in a lawsuit stemming from the arrest of a local resident who was leafleting and proselytizing...more

A “Magnificently Convoluted and Contentious” Plat

by Varnum LLP on

Plats continue to be a source of frustration, uncertainty and expense for owners of waterfront property. In Sims Township v. Arenac County Drain Commissioner, the Michigan Court of Appeals described a "magnificently...more

This Proposed Rulemaking Should be Mandatory Reading for All Public Transportation Agencies

by Nossaman LLP on

On November 24, 2014, the Federal Highway Administration (FHWA) published a proposed rule that would amend the regulations governing how Federal grant recipients acquire, manage, and dispose of real property. Thus, the...more

Court Permits Political Candidate to Solicit Nominating Signatures on Retailer’s Private Property

by Beveridge & Diamond PC on

The Massachusetts Supreme Judicial Court has ruled that a supermarket violated a political candidate’s state constitutional rights when the store manager prevented him from collecting nomination signatures on the sidewalk...more

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