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Public Entities

Franczek P.C.

PAC Issues Two Binding Decisions Concerning the OMA

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Over the last few weeks, the Public Access Counselor of the Illinois Attorney General’s Office (PAC) issued two binding decisions addressing issues arising from the Illinois Open Meetings Act (OMA). In Public Access Opinion...more

Hanson Bridgett

California Court Clarifies Limits of Charter City Exemptions from Prevailing Wage Law

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In a decision with important implications for developers and charter cities alike, the California Court of Appeal held in Palm Springs Promenade, LLC v. Department of Industrial Relations that a city’s contribution of funds...more

Pullman & Comley - Labor, Employment and...

When Employees Behave Badly: So, What Must Be Turned Over to the Public?

As those familiar with the Connecticut Freedom of Information Act (FOIA) know, under the law the vast majority of public-employee personnel related records are subject to disclosure upon request.  Nowhere is this more evident...more

Robins Kaplan LLP

Accountability the Hard Way

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At around 3:30 p.m. on June 3, 2020, 19-year-old Lacey Higdem was booked into the Rolette County, North Dakota, jail while under the influence of methamphetamine. She was an otherwise healthy young woman with a six-month-old...more

Saiber LLC

New Law Modernizes Legal Notice Requirements in New Jersey

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New legislation in New Jersey modernizes how legal notices are published. Effective March 1, 2026, the law replaces the traditional requirement of newspaper publication with digital notice via government websites and...more

Clark Hill PLC

CGIA interlocutory appeal timing: Colorado Court of Appeals gives plaintiffs strategic choice

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On July 31, the Colorado Court of Appeals clarified an important procedural question for plaintiffs challenging governmental immunity rulings under the Colorado Governmental Immunity Act (CGIA). In Smith v. City and County of...more

Cole Schotz

Changes to New Jersey Requirements for Publication of Legal Notices

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On June 30th, bill No. 4654 was enacted making significant changes to the requirements for the publication or advertisement of legal notices including those required under the Municipal Land Use Law (“MLUL”). Historically...more

Bricker Graydon LLP

[Hybrid Event] 17th Annual Construction Procurement Seminar for Public Entities in Ohio - May 8th, Dublin, OH

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This full-day seminar, specifically designed for Ohio public owners, covers the project delivery methods available for public construction projects, as well as requirements and best practices for administering procurement...more

White and Williams LLP

California Clarifies Basis for Inverse Condemnation Claims

Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available....more

Bricker Graydon LLP

Ohio Department of Commerce Publishes Increased Bidding Threshold for Numerous Public Entities for 2025

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Effective January 1, 2025, the competitive bidding threshold for numerous Ohio public entities as set forth in Ohio Revised Code (“ORC”) Section 9.17 increased from $75,000 to $77,250 through 2025....more

Brownstein Hyatt Farber Schreck

U.S. Fish and Wildlife Service Proposes to List Monarch Butterflies as a Threatened Species

After years on hold, the U.S. Fish and Wildlife Service (“USFWS”) is moving forward with a proposed rule to list monarch butterflies as threatened under the Endangered Species Act (“ESA”). On Dec. 12, 2024, USFWS published...more

Marshall Dennehey

OPRA Does Not Permit Waivers for Inability to Pay

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In Thorpe v. Kleinman, Docket No. A-3391-22 (App. Div. Nov. 1, 2024), the plaintiff sought video footage from the Freehold Township Police Department, the defendant in the case, in regard to a traffic obstruction charge....more

Bricker Graydon LLP

[Hybrid Event] Ohio Public Entity Ethics Law Program - December 17th, Columbus, OH

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Bricker Graydon invites our friends who serve public entities, employees, and officials to an Ohio Ethics Law update by Susan Willeke of the Ohio Ethics Commission. Coffee and breakfast will be provided for in-person...more

K&L Gates LLP

Governor Shapiro Fast Tracks Critical Infrastructure Project Permitting

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On 19 November 2024, Pennsylvania Governor Josh Shapiro signed Executive Order No. 2024-04, streamlining and accelerating the permitting process for critical infrastructure projects within the Commonwealth. The Executive...more

Franczek P.C.

PAC Issues Decision Holding Attorney-Client Privilege FOIA Exemption is Not Waived Where Disclosure of Records was Required by Law

Franczek P.C. on

The PAC recently issued a non-binding opinion, finding a school district did not waive the attorney-client privilege where prior disclosures of the requested records were mandated by state law....more

Jackson Lewis P.C.

California Supreme Court Holds Public Employers Exempt from Labor Code and PAGA

Jackson Lewis P.C. on

In Stone v. Alameda Health System, the California Supreme Court considered whether all public entities that are not specifically governmental in nature are exempt from the obligations in the Labor Code such as meal and rest...more

McAfee & Taft

New ADA regulations issued on the accessibility of medical diagnostic equipment used by public entities

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On August 9, 2024, the U.S. Department of Justice published a final rule implementing new ADA requirements for accessible medical diagnostic equipment (MDE) used in hospitals, emergency departments, physicians’ offices,...more

Seyfarth Shaw LLP

PAGA Paraphrased – Stone v. Alameda Health System

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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

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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.

PAC Issues Binding Opinion Regarding Alleged OMA Violations for Improper Board Meeting Action and Remote Participation

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The Illinois Public Access Counselor (PAC) issued its seventh binding opinion of the year, finding a Village Board of Trustees violated the Open Meetings Act (OMA) by taking improper action to authorize the purchase of a...more

CDF Labor Law LLP

Supreme Court Holds that Public Entities Are Not Subject to PAGA and Various Labor Code Violations

CDF Labor Law LLP on

On August 15, 2024, the California Supreme Court issued a momentous unanimous decision in Stone v. Alameda Health System (“Stone”), concluding that public employers are exempt from various Labor Code provisions and PAGA...more

Maison Law

Does California Government Code § 844.6 Prevent Inmates from Filing Claims?

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The immunity of government bodies and officials from lawsuits and claims has been a long-standing part of the law. Under the principle, federal, state, and local governments generally cannot be held liable for negligent or...more

Stevens & Lee

NJ Appellate Court Rejects “Hybrid Procurement Process” Used in Award of Ferry Services Contract - UPDATED July 18 2024

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On April 2, 2024, The New Jersey Superior Court, Appellate Division reversed a decision of the trial court that upheld the $2 million award of a ferry services contract under Monmouth County’s purportedly “hybrid” procurement...more

Clark Hill PLC

Colorado Supreme Court Rules That the Economic Loss Rule Has No Bearing on Whether the Colorado Governmental Immunity Act Bars a...

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In City of Aspen v. Burlingame Ranch II Condo. Owners Ass’n, Inc., 2024 CO 46 (Colo. 2024), the Colorado Supreme Court case clarifies that the economic loss rule (ELR) has no part to play in determining whether the Colorado...more

Stevens & Lee

District Court Denies FTC Request to Block Novant’s Purchase of Hospitals from CHS — Purchase Can Go Forward

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In February, 2023, Novant Health and Community Health Systems (CHS) entered into an Asset Purchase Agreement pursuant to which Novant agreed to acquire Lake Norman Regional Medical Center (LNR) and Davis Regional Psychiatric...more

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