Category

Government Tort and Inverse
If you are handling or investigating a subrogation suit against the government, let this be another reminder of the importance of notice. A U.S. District Court Judge, sitting in Alaska, recently shot down the government’s motion to dismiss a subrogation lawsuit based upon perceived inadequacies in the notice of claim. The subrogation case originated from...
A 2021 opinion by a Washington State appellate court provided additional guidance on how plaintiffs may avoid the “public duty doctrine” defense in lawsuits against government entities. Norg v. City of Seattle (No. 80836-2-I), involved a wife who called 9-1-1 after her husband suffered a heart attack. She provided the Seattle Fire Department with the...
Until recently, inverse condemnation remained a relatively arcane area of California law. A spate of wildfires, spawning litigation by homeowners and their subrogating insurers, has breathed new life into this liability theory. Inverse condemnation is an eminent domain action initiated by the property owner, rather than the government. Essentially, it is unintended eminent domain-i.e., the...
Earlier this year, Houstonians awoke to find most of their city underwater. This month, South Carolina experienced torrential rains that were so severe that—in some areas—the total rainfall exceeded the expected rain totals for a 1 in 1,000 year storm. The World Resources Institute, in collaboration with four Dutch research organizations, estimated that total U.S....
On April 27, 2015 protests in Baltimore, Maryland regarding the death of Freddie Gray escalated into violent riots. These riots resulted in extensive and significant property damage throughout the city. Often, such damages are covered by insurance companies that insure the affected properties. In the aftermath of such events, questions arise as to whether any...
Confronted with a bevy of wildfire and flood claims, public and private utilities frequently contend that the instrumentality responsible for causing damage does not constitute a “public use” required for an inverse condemnation claim. The California Court of Appeals, Second Appellate District, in the City of Pasadena v Superior Court recently addressed whether a tree...