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19 Nov 2019, 4:39 pm by John C. Manoog III
When a Cape Cod personal injury lawsuit is filed against a defendant that is a governmental entity, there is often a defense that the entity is immune from suit based on the principles of governmental tort immunity. [read post]
17 Feb 2016, 5:37 pm by Carabin & Shaw, P.C.
Under the Texas Tort Claims Act, section 101.021, there is a waiver of immunity when somebody suffers a personal injury or death caused by a condition or use of property if the governmental entity would be liable under Texas law, if it were a private citizen. [read post]
16 Aug 2011, 10:45 pm by WOLFGANG DEMINO
GOVERNMENTAL DEFENDANTS AND IMMUNITY FROM SUIT AND LIABILITY To what extent and under what circumstances does the Texas Tort Claims Act (TTCA) waive immunity of governmental entities? [read post]
15 Aug 2008, 3:29 pm
Given its track record in judicial tort reform generally, and its rulings favoring governmental defendants in the name of immunity specifically, the Texas Supreme Court may disagree. [read post]
14 May 2021, 5:40 pm by John C. Manoog III
For instance, a Cape Cod premises liability case involving a governmental entity may require notice of the accident to be given well before the time that the statute of limitations would otherwise run. [read post]
4 Jun 2015, 3:00 pm
The Court of Appeals reversed the federal district court's dismissal of lawsuits premised on the argument that Jacobs Engineering Group, Inc. was entitled to derivative governmental immunity based on its contractual relationship with a government entity protected by the Federal Tort Claims Act, directing the district court to its decision. [read post]
16 Jan 2019, 10:24 am by Karsner & Meehan, P.C.
While governmental entities are afforded certain immunities and defenses, as set forth in a case recently decided by the Supreme Court of Massachusetts, if a government entity fails to assert a defense in the required manner, it can result in the waiver of the defense. [read post]
14 Dec 2007, 5:31 pm
The Supreme Court has clarified the requirement of the "Tort Claims Act," requiring the filing of a demand prior to the institution of tort and contract litigation against a governmental entity. [read post]
29 Jun 2017, 12:58 pm by Ackerman Law Office
Government entities are generally allowed immunity on many torts. [read post]
29 Jun 2017, 12:58 pm by Ackerman Law Office
Government entities are generally allowed immunity on many torts. [read post]
15 May 2017, 5:45 am by Thomas J. Crane
But, otherwise, it appears that any entity that hires commissioned peace officers for security may become a governmental entity for purposes of the Texas Tort Claims Act. [read post]
25 Nov 2009, 4:08 pm by Collins & Collins
If your personal injury claim involves any governmental entity whatsoever, then the New Mexico Tort Claims Act applies. [read post]
26 Feb 2012, 4:14 pm by Leland Garvin
The State of Florida can now be liable for up to $200,000 per person and $300,000 per tort claim, effective Oct. 1, 2011. [read post]
17 May 2019, 5:00 am by Daniel E. Cummins
Whether building code officials contracted to enforce the Construction Code Act by a local governmental entity are entitled to immunity under the Tort Claims Act was addressed in the case of Hartzell v. [read post]
6 Sep 2018, 4:11 pm by Abbie Peterson
The CGIA establishes governmental immunity from suit for public entities and their employees in tort cases, but also waives immunity in certain circumstances. [read post]
6 Sep 2018, 4:19 pm by Abbie Peterson
The CGIA establishes governmental immunity from suit for public entities and their employees in tort cases, but also waives immunity in certain circumstances. [read post]
16 Jul 2015, 5:00 am by Kirk Jenkins
According to the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101), the statute of limitations for personal injury actions against “local public entities” is one year. [read post]