Case law

Roderick McKenzie v. Churchill Downs Louisiana Horseracing Company, LLC D/B/A Fair Grounds Race Course & Slots and Jsr, LLC

Louisiana Court of Appeal · Dec 13, 2023

to that immunity. … App. 4 Cir. 4/15/15), 165 So.3d 304, 314 (wherein this Court found that once the defendant established that an immunity statute applied for purposes of summary judgment, the burden shifted to the plaintiffs, as the non-movants

A New Leaf, Inc. v. Webb

26 Va. App. 460 · Court of Appeals of Virginia · Feb 3, 1998

(also stating that “the crucial inquiry is whether the Commission correctly applied the law to the established facts”). … Furthermore, the evidence in the record established that allergic contact dermatitis is not caused by the process of “trauma.”

Hypower, Inc. v. STATE, DEPARTMENT OF TRANSPORTATION

839 So. 2d 856 · District Court of Appeal of Florida · Mar 10, 2003

Although there is a waiver of sovereign immunity in the instant case, it is not limited. Sovereign immunity is waived in the contracts context, not by statute, but by the fact of the contract itself. … However, the qualified acceptance letter from the FDOT to Hypower extended that limitations period to 853 days. See Hankey v.

Hazelwood v. State

912 P.2d 1266 · Court of Appeals of Alaska · Mar 15, 1996

This is clearly not what the United States Supreme Court had in mind when it decided Nix v. Williams. … Plain error review might be appropriate if the statutory grant of immunity in this case were clearly necessary to avoid constitutional problems arising from the reporting requirement. Cf.

Sweeney v. State, Department of Transportation

744 S.W.2d 905 · Court of Appeals of Tennessee · Aug 5, 1987

Tenn.Code Ann. § 20-13-102(a) clearly and unequivocally expresses the Legislature’s position on this question. … The appellant also asserts that the Tennessee Claims Commission is unconstitutional because its members are not elected by the qualified voters of the district or circuit as required by Article 6, § 4 of the Tennessee Constitution

Hinkal, M. v. Pardoe, G.

2016 Pa. Super. 11 · Superior Court of Pennsylvania · Jan 22, 2016

In remanding the case, this Court reasoned that the contract at issue “clearly concerned health and safety” and identified a public interest in “assuring that those claiming to be qualified to follow a doctor’s orders are … the intent of the parties; 3) the language of the contract must be construed, in cases of ambiguity, against the pgrty seeking immunity from liability; and 4) the burden of establishing the immunity is upon the party invoking

Betts v. Town of Mount Morris

78 A.D.3d 1597 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 2010

With respect to its defense of qualified immunity, we conclude that the Town failed to meet its initial burden of demonstrating that its decisions regarding design, maintenance and signage were “the product of a deliberative … The Town also failed to establish as a matter of law that its alleged negligence was not a proximate cause of the accident (see Appelbaum, 222 AD2d at. 989-990; cf. Howard v Tylutki, 305 AD2d 907, 908 [2003]).

John King v. Texas Department of Human Services by and Through Its Commissioner, Eric Bost

Texas Court of Appeals, 3rd District (Austin) · May 31, 2000

While this statute establishes a time limit for filing a civil action, it does not set a time limit for pleading appropriate jurisdictional facts. … Reasonable minds could therefore find either applicant more qualified or each equally qualified.

John King v. Texas Department of Human Services by and Through Its Commissioner, Eric Bost

Texas Court of Appeals, 3rd District (Austin) · May 31, 2000

While this statute establishes a time limit for filing a civil action, it does not set a time limit for pleading appropriate jurisdictional facts. … Reasonable minds could therefore find either applicant more qualified or each equally qualified.

Dehn Motor Sales, LLC v. Schultz

212 Md. App. 374 · Court of Special Appeals of Maryland · Jun 26, 2013

immunity. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

v. Colorado Department of Public Health and Environment

2020 COA 50 · Colorado Court of Appeals · Mar 31, 2020

Under this broad definition, a county could qualify as an “association of persons.” … Specifically, La Plata argues that, because the district court held the CGIA defense qualified for interlocutory appeal, the SWA defense should have qualified as well.

Curtis R. Francis, TDCJ-ID 564414 v. TDCJ-CID

Texas Court of Appeals, 2nd District (Fort Worth) · Aug 31, 2007

and for Ford and Horton on their respective affirmative defenses of qualified immunity. … First, she asserted the affirmative defense of qualified immunity.

Hillman v. Columbia County

164 Wis. 2d 376 · Court of Appeals of Wisconsin · Aug 29, 1991

Therefore, the defense of qualified immunity is not available to defendants. 689 F. Supp. at 877 (citations omitted). We agree. … We conclude the individual defendants are not immune from suit under the qualified immunity doctrine.

Shedlock v. Department of Correction

15 Mass. L. Rptr. 357 · Massachusetts Superior Court · Oct 3, 2002

The Court added, “The word ‘substantial’ thus clearly precludes impairments that interfere in only a minor way with the performance of [a major life activity] from qualifying as disabilities.” Id. … Under the doctrine of qualified immunity, the correctional officers are “shielded from liability from civil damages insofar as their conduct does not violate clearly established statutory or con *364 stitutional rights of

Verizon New York, Inc. v. Optical Communications Group, Inc.

91 A.D.3d 176 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 2011

It found that the defendant’s denial of the plaintiffs claim did not qualify as a tort, even in light of the regulatory scheme established by the Insurance Law: “To be sure, the provisions of the Insurance Law *182 reflect … The argument fails since the denial was clearly not on the merits.

Commonwealth v. Einhorn

2006 Pa. Super. 322 · Superior Court of Pennsylvania · Nov 14, 2006

Because there is no evidence of prosecutorial misconduct, and because Einhorn has not established that Flodin’s testimony would be clearly exculpatory, the application of Smith would not result in a different disposition. … Tumosa was qualified and accepted as a research chemist with specialization in the area of materials collection and preservation. 9 .

Dobson v. McClennen

236 Ariz. 203 · Court of Appeals of Arizona · Nov 4, 2014

The court must assign to each word its “usual and commonly understood meaning” unless the Legislature “clearly intended” otherwise. Bilke v. … The AMMA Provisions Do Not Provide Immunity For An A.R.S. § 28-1381(A)(3) Charge. ¶ 17 Petitioners claim the AMMA contains two “immunity provisions,” which they allege “are clear on their face.”

Doe v. Park Center High School

592 N.W.2d 131 · Court of Appeals of Minnesota · Apr 27, 1999

The government entity bears the burden of establishing immunity. Nusbaum, 422 N.W.2d at 722 . The supreme court’s recent decision, S.W. v. Spring Lake Park Sch. Dist. … The district court stated the policy issues as clearly as possible when it noted: Dr.

Burgess v. Jaramillo

914 S.W.2d 246 · Texas Court of Appeals, 2nd District (Fort Worth) · Feb 15, 1996

We find that Burgess has failed to establish as a matter of law that his conduct was discretionary in nature. He, therefore, has failed to establish, as a matter of law, his affirmative defense of official immunity. … This concept is also called "qualified immunity” or “quasi-judicial immunity." See Travis v. City of Mesquite, 830 S.W.2d 94, 100 n. 2 (Tex. 1992) (Comyn, J., concurring).

Burgess v. Towne

13 Wash. App. 954 · Court of Appeals of Washington · Jul 21, 1975

Ct. 1213 (1967), stated: New doctrines were more solidly established at common law than the immunity of judges from liability for dam *957 ages for acts committed within their judicial jurisdiction, as this Court recognized … Ct. 343 (1964), a judge who interfered with judicial proceedings after he had dis *959 qualified himself was held to be acting in clear absence of jurisdiction. Likewise, Yates v. Village of Hoffman Estates, 209 F.