governmental immunity News

Fishing Community Mayor, Top Officials Off the Hook in Retaliation Claims

The mayor and other city officials in the fishing community of Gloucester, Massachusetts are protected under qualified immunity against claims by the city’s harbormaster that they violated his First Amendment rights. The harbormaster sued the mayor, city solicitor, chief administrative …

Immunity Doesn’t Protect Local Governments from Administrative Penalties, Texas Court Rules

Political subdivisions in Texas can’t use governmental immunity to evade administrative penalties for failing to timely pay workers’ compensation benefits, a state appellate court ruled Tuesday. A panel of the 3rd District Court of Appeals in Austin upheld a trial …

Viewpoint: Subrogating Freeze Damage When Texas Power Plants Are Not Dressed For Winter

Successful subrogation against power companies is not a given. In determining whether the Electric Reliability Council of Texas (ERCOT) may be sued for its clear negligence in failing to properly winterize power production facilities and the power grid that it …

Judge Dismisses Wrongful Death Lawsuit Related to Beach Sand Collapse

A New Jersey judge has dismissed a lawsuit filed by the family of a man who died when the sand under his feet collapsed as he walked along the shoreline, plunging him into the swirling waters of an inlet. Superior …

Public Duty Doctrine Reduces Government Liability in Iowa Road Safety Case

A recent Iowa Supreme Court decision involving a 2013 car accident on a northwest Iowa county road could make it more difficult for citizens to hold city, county and state officials responsible when people are hurt as the result of …

Ohio High Court Rules 5 Officers Sued Over Chase Injuries Not Liable

The Ohio Supreme Court ruled Tuesday that five police officers sued by a woman injured during a high-speed chase are immune from legal liability. There was disagreement among the justices on immunity standards. The majority ruled that officers chasing suspects …

Governmental Immunity And The Code Of Pirates

In the 2003 Walt Disney blockbuster Pirates of the Caribbean: The Curse of the Black Pearl, Hector Barbossa and the crew of the Black Pearl are in a cavern trying to reverse their curse when Elizabeth invokes the right of …

Nebraska High Court Rules Immunity Precludes Fatal Boat Accident Suit

A Nebraska woman whose 10-year-old son died in a boating accident on Storm Lake in 2010 cannot sue the state of Iowa for damages, the Iowa Supreme Court ruled on Friday. The Supreme Court, in a 4-3 decision, ruled that …

Judge Rules Immunity Applies to State, Engineer in Minnesota Crash Suit

A judge has ruled the Minnesota Department of Transportation and its engineer have immunity from a lawsuit stemming from the death of a former Minnesota State University football player. Fred Statz, 25, collided with a semi-truck at a Waseca intersection …

North Carolina Ruling Could Allow Medical Examiner Lawsuits

A North Carolina agency has ruled a family should be paid nearly $400,000 for their anguish after a medical examiner misidentified a body, sending it to the wrong funeral home. The Charlotte Observer reports the decision could open the door …