sovereign immunity News

Massachusetts Town Not Liable for ATV Rider’s Death on Town Land

A Massachusetts town is immune from liability for the death of an ATV rider who was killed after striking a wire cable strung across a right of way on town land by the owner of the adjacent private property. The …

No Immunity for City that Closed Flood Gate During Downpour

Eleven property owners whose homes were flooded after a city of Brownsville official closed a flood gate may proceed with their claims against the city because of a statute that waives governmental immunity for damages caused by motor-driven equipment, the …

Sovereign Immunity No Defense in $3B Coal-Ash Lawsuit, 6th Circuit Rules

Sovereign immunity does not protect a federal contractor against a lawsuit filed by some 60 former employees seeking $3 billion in punitive damages for illnesses suffered after exposure to toxic coal ash during a clean-up project, a federal appellate court …

Insurer May Not ‘Contract Around’ Georgia Law on Sovereign Immunity Waivers

An insurer is liable for the full $5 million policy limit in a lawsuit filed against a city government whose police department was involved in a high-speed chase that ended in a collision that killed a grandmother and two of …

Federal Tort Claims Act Subrogation

The federal government is everywhere. It employs nearly 9.1 million workers, which is nearly 6% of total U.S. workforce. This includes nearly 2.1 million federal employees, 4.1 million contract employees, 1.2 million grant employees, 1.3 million active duty military personnel, …

N.M. Supreme Court Holds Tribal Casino Immune from Work Comp Claims

On Jan. 16, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in a tribal gaming compact1 …

Blackbeard’s Ship Case About Images Returns to Trial Court

RALEIGH, N.C.– A treasure hunter who accuses the state of North Carolina of misusing his images from Blackbeard’s flagship says he’ll ask for 10 times the damages he originally sought, now that a court ruling has come down in his …

Viewpoint: What Do Power Outages, Wildfires, and Vaping Bans Have in Common?

At the outset, power outages, wildfires, and vaping bans do not appear similar at all, but in the rush to protect consumers and constituents from harm, companies and state legislators may be creating an entirely new, uninsured claim type. Insurance …

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 …

Connecticut Office That Decides Who Can Sue State Faces Scrutiny

Missed deadlines at the office that decides who can sue Connecticut government have sparked discussions among state lawmakers and attorneys about whether the office should be overhauled or even eliminated. The state attorney general’s office raised concerns last month that …