News & Analysis as of

Public Entities

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

McAfee & Taft on

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

Franczek P.C. on

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?

Maison Law on

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...

Clark Hill PLC on

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

Stevens & Lee

New Jersey Bidders Beware – If in Doubt, Challenge the Specifications!

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A New Jersey public entity has just issued a request for bids falling within the scope of products or services your company provides. Although interested in submitting a responsive bid, the specifications give you pause. Your...more

Nossaman LLP

California Water Views - 2024 Outlook

Nossaman LLP on

Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

Robinson+Cole Manufacturing Law Blog

PFOA and PFOS Are CERCLA Hazardous Substances – Now What?

EPA recently issued its long-awaited rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability...more

Mayer Brown

US Treasury Releases Final Regulations Addressing Domestic Control Determinations Under FIRPTA

Mayer Brown on

On April 24, 2024, the Treasury Department and the IRS released final regulations under Section 897 that change the rules for determining whether qualified investment entities (QIEs) are domestically controlled under the...more

Saul Ewing LLP

The Clock is Ticking on Website Accessibility for Public Entities; Others Entities are on Notice

Saul Ewing LLP on

On April 24, 2024, the U.S. Department of Justice (DOJ) published in the Federal Register a final rule on Accessibility of Web Information and Services of State and Local Government Entities. These regulations are at 28 C.F.R...more

Marshall Dennehey

Where to Draw the Line: Superseding Causes and Duty

Marshall Dennehey on

Baker v. Bunker Hill Haven Home, 12th Dist. Butler No. CA2023-08-095, 2024-Ohio-875 - Todd Howard was a resident at Bunker Hill, a home for wayward boys. He snuck out of the facility to meet with his friends, Zeb Freeman and...more

Marshall Dennehey

Contrary Decisions Highlight Complexity of TCA Claims

Marshall Dennehey on

The New Jersey Appellate Division and the Third Circuit issued two different opinions in regard to the notice requirements pursuant to the New Jersey Tort Claims Act (TCA). Both highlight the complexity of TCA litigation and...more

Bricker Graydon LLP

[Hybrid Event] 16th Annual Construction Procurement for Public Entities in Ohio - May 9th, 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

Holland & Knight LLP

New Federal Program Provides Grants for Eligible P3 Transportation Projects

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The Build America Bureau (Bureau) of the U.S. Department of Transportation (DOT) released on March 11, 2024, a Notice of Funding Opportunity for the new Innovative Finance and Asset Concession Grant Program (IFACGP)....more

CloudNine

Resourcing Your Public Records/FOIA Requests Response with a Lean Team

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When it comes to managing FOIA (Freedom of Information Act) and similar public records requests, resourcing your team effectively is crucial. Even with a small team, you can achieve a lot by appointing an expert internally...more

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

DEI Under Scrutiny, Part IX: Alabama Bans Diversity, Equity, and Inclusion Programs and Departments for Public Institutions

Alabama has joined the growing list of states passing laws banning diversity, equity, and inclusion (DEI) initiatives in public institutions. On March 20, 2024, Governor Kay Ivey signed into law Senate Bill (SB) No. 129, a...more

Marshall Dennehey

Mistake of Fact Is Insufficient for Qualified Immunity in an Operating While Intoxicated Arrest.

Marshall Dennehey on

Akima v. Peca, 85 F.4th 416 (6th Cir. 2023) - The plaintiff, an Asian male in the U.S. on a visa, was pulled over for a broken headlight. The plaintiff attempted to exit the vehicle during the stop, allegedly a possible sign...more

Sherman & Howard L.L.C.

Possessory Interest Tax

Public entities, including the state, counties, cities, towns, and other municipal corporations and public libraries, are generally exempt from taxation. Property owned by public entities is also tax‑exempt. However, when a...more

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