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State and Local Government › Governmental Immunity

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

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

Mold/Common Law Action: Maryland Appellate Court Addresses Negligence/Nuisance Claims

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The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more

Freeman Law

When is governmental immunity waived by the acts of governmental officials? Ultra Vires Revisited

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Ultra Vires and Immunity - On June 3, 2022, the Texas Supreme Court issued two important opinions on the topic of waiver of governmental immunity based on the doctrine of ultra vires. In the first–Van Boven–the Court...more

Freeman Law

What is a whistle-blow “report” under the Texas Whistleblower Act?

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The Texas Whistleblower Act The Texas Whistleblower Act (Act) was adopted “amidst a growing sense throughout the country that ‘mismanagement in the public sector’” was a growing public concern, and that “employees who...more

Freeman Law

Texas Law and Section 271 Contractual Waiver’s of Governmental Immunity to Suit

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Governmental Immunity - Under Texas law, school districts are generally immune from suit and liability unless the legislature expressly waives governmental immunity. Generally, absent an express legislative waiver, such as...more

Rivkin Radler LLP

The Employment Law Reporter

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Federal Court Rejects New York City Police Officer’s Employment Discrimination Action The U.S. District Court for the Southern District of New York has granted summary judgment to the defendants in an employment...more

Husch Blackwell LLP

SCOTX: No Arbitrary Arbitration Provision For Local Governments

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The Supreme Court of Texas recently announced that local governments who have agreed to arbitration clauses may be forced into arbitration. However, the Court also announced that the judiciary “retains the duty to decide...more

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