In New Jersey, Tort Claims Act shields municipalities from implied duty to provide clean water
10/7/24
In combining appeals on two lower court cases, a recent New Jersey appellate decision in Cerkez, individually and on behalf of all other similarly situated, v. Gloucester City, et al., Docket No. A-0661023; A-0745-23, Superior Court …
8/14/24
Georgia’s Open Records Act allows for citizens to inspect certain “public records” of government agencies in the interests of open government. The Act has long defined “public records” to include not just records created and maintained …
8/8/24
By: LaShay L. Byrd and Tia J. Combs
In many states, the law recognizes the challenges that emergency services personnel face when it comes to making split-second decisions in high-stakes situations and grant qualified immunity protection for first responders for …
FMG argues in favor of the Fifth Circuit retaining its precedent in Section 1983 Lawsuits
5/21/24
By: Philip W. Savrin, P. Michael Freed, and William H. Buechner, Jr.
FMG Attorneys Phil Savrin, Michael Freed and Bill Buechner are representing Midland County, Texas in an en banc case in which the entire Fifth Circuit …
EPA announces final National Primary Drinking Water Regulation for PFAS
4/11/24
By: James M. Mathew, David M. Harding, and Kevin M. Ringel
After working for over a year and reviewing 120,000 comments on the proposed rule, the EPA passed its final regulation regarding PFAS in drinking water. The Safe …
Public officials, social media, and the First Amendment
4/2/24
By: Jacob E. Daly
When a public official uses a personal social media account for job-related purposes, does he or she violate the First Amendment rights of a person who posts negative comments on the page by deleting the comments …
SCOTUS passes up the opportunity to address circuit split over transgender restroom use
1/29/24
By: Christian E. Foy Nagy, Esq. and Kelly Mahoney Haas, Esq.
We learned this month that an issue of pervasive interest to politicians and activists of all persuasions was not so compelling to merit review by the United States Supreme …
1/8/24
Do bias intervention and response teams and policies on college campuses violate students First Amendment rights to the freedom of speech? That is the question posed in Speech First, Inc.’s currently pending petition for writ of …
Sovereign immunity remains a threshold jurisdictional question
1/4/24
By: Amy B. Cowan
In a decision that clarifies the jurisdictional nature of the immunity, the Georgia Supreme Court recently upheld sovereign immunity as a threshold determination that must be considered and ruled upon before a court reaches the merits …
Officer that utilized deadly force in response to “furtive gesture” entitled to qualified immunity
11/30/23
By: Cara M. Wright
Video evidence has become more prevalent in §1983 cases as law enforcement agencies have increased the use of dash cameras and body-worn cameras. Frequently, video recordings are used by litigants to refute testimony of an opposing …
Lights, Camera, (Less Than an) Action!
6/22/23
By: Elissa B. Haynes and Carlos A. Fernández
Usually, the courts do not take issue when litigating parties stipulate to an agreement—especially when the parties are agreeing to dismiss claims. However, the courts will not turn a blind eye to …
1/20/23