Case law

Brown v. Labor Ready Northwest, Inc.

54 P.3d 166 · Court of Appeals of Washington · Sep 16, 2002

Henson told Stevens he was qualified to operate heavy machinery. Stevens considered Henson a good worker. He asked Labor Ready about Henson's qualifications, and was advised Henson was qualified to operate a forklift. … its employer status and consequently its immunity under industrial insurance statutes.

Parker v. St. Lawrence County Public Health Department

102 A.D.3d 140 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 2012

In response, then Governor Paterson issued an executive order declaring a disaster emergency with respect to the influenza outbreak, which authorized state and local health departments to establish immunization programs in … We are unpersuaded by plaintiffs assertion that immunity pursuant to the PREP Act does not extend to qualified persons who administer a covered countermeasure to an individual without consent.

Munoz v. City of New York

2025 NY Slip Op 02291 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2025

In their answer to plaintiff's complaint for negligence, defendants asserted four affirmative defenses: culpable conduct, assumption of risk, qualified immunity, and emergency doctrine. … Defendants failed to raise issues of fact as to the emergency doctrine or governmental immunity.

Raulerson v. State of Florida

District Court of Appeal of Florida · Apr 30, 2025

On these facts, Raulerson has failed to show clearly and conclusively that he is immune from prosecution and that the trial court is acting beyond its jurisdiction. … Goodrich Co., 192 So. at 177. 6 The question for us is whether, when applying the law to those facts, the petitioner is clearly immune. Cf. Smith v.

Hoffman v. Warden

184 Mich. App. 328 · Michigan Court of Appeals · Jun 19, 1990

Third, plaintiff errs in asserting that defendants in fact made the decision that he qualified as requiring treatment under § 401. … Defendants argue that Ross held that anyone responsible for establishing a policy was immune from tort liability and that allegations against defendants Ray Adams and John P.

Dees v. Coaker

51 So. 3d 323 · Court of Civil Appeals of Alabama · Jul 17, 2009

In its September 12, 2008, order, the trial court did not clearly articulate its basis for granting the plaintiffs’ summary-judgment motion and for denying the defendants’ summary-judgment motion. … This Court has qualified those ‘exceptions,’ noting that ‘ “[a]n action is one against the [S]tate when a favorable result for the plaintiff would directly affect a contract or property right of the State, or would result

First-Citizens Bank & Trust Co. v. Greater Austin Area Telecommunications Network

318 S.W.3d 560 · Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2010

Supporters of the bill asserted that, because of the threat of sovereign immunity, many highly qualified contractors considered bidding on local government contracts too risky, leading many contractors, especially small businesses … Such language establishes an assignment here.

In re the Township of South Brunswick

448 N.J. Super. 441 · New Jersey Superior Court Appellate Division · Jul 21, 2016

Establishing Low- and Moderate-Income Limits Because the establishment of low- and moderate-income limits is the cornerstone for any fair share calculation, the next step is to estimate the proportion of those projected households … that actually qualify as low- and moderate-income households.

Alcus v. Bainbridge Twp.

152 N.E.3d 340 · Ohio Court of Appeals · Feb 18, 2020

Chapter 2744 establishes a three-step analysis to determine whether a political subdivision is immune from liability. Greene Cty. Agricultural Soc. v. … Whether the Alcuses also met their burden to establish an exception to the Township’s immunity under R.C. 2744.02(B)(4) is moot.

Roddy v. Catto

143 Ill. App. 3d 176 · Appellate Court of Illinois · Apr 15, 1986

Ct. 1213 (qualified immunity established for police officers sued under section 1983 for false arrest).) … liability under the rule of qualified immunity in Briggs.

Hess v. Flores

408 Ill. App. 3d 631 · Appellate Court of Illinois · Mar 31, 2011

Furthermore, plaintiffs argument that section 2—202 of the Tort Immunity Act limits this immunity is clearly no longer tenable. … The court held that this argument was “mere semantics designed to avoid a clearly applicable immunity” and accepting such a position could render section 4—106(b) a nullity. Id. at 11.

State v. Bounds

71 Or. App. 744 · Court of Appeals of Oregon · Jan 23, 1985

The victim’s statements clearly were offered as evidence of a material fact. … Although incompetency due to age is not expressly listed as a situation of unavailability, we think that it qualifies.

Dwayne Louis Morning v. State

Texas Court of Appeals, 10th District (Waco) · Feb 11, 2009

“When it comes to defenses to liability, an official in a personal-capacity action may, depending on his position, be able to assert personal immunity defenses, such as” absolute or qualified official immunity. [2] Graham … Appellees’ petitions clearly specify that they bring claims against Appellants in Appellants’ individual capacities.

People v. Feerick

241 A.D.2d 126 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 1998

We note that an indictment is not fatally tainted merely because someone involved in the criminal prosecution may have been exposed to a portion or all of a defendant’s immunized statement, although clearly precautions should … 226 AD2d 238, 239-240 , lv denied 88 NY2d 969 ; People v Melendez, 178 AD2d 366, 367 , lv denied 79 NY2d 950 ); even material bearing on the witness’s credibility must relate to the witness’s direct testimony in order to qualify

Williams v. Brown & Root, Inc.

947 S.W.2d 673 · Texas Court of Appeals, 6th District (Texarkana) · Jun 6, 1997

Williams contends that the statute does not contemplate granting immunity to more than one general contractor. Therefore, Williams argues that because Eastman is immune, Brown & Root cannot be immune. Tex.Rev.Civ. Stat. … Similarly, in the instant case, Brown & Root qualifies as a general contractor because it procured Tracer’s services. Therefore, Brown & Root can avail itself of the protections of Article 8308-3.05(e).

Bobby and Joyce Seguin v. Bexar Appraisal District and Appraisal Review Board and Michael Amezquita, Individually

373 S.W.3d 699 · Texas Court of Appeals, 4th District (San Antonio) · May 16, 2012

Amezquita also filed a motion for summary judgment on the ground that he is not a required party, is not a proper party in his individual capacity, and is entitled to official and qualified immunity. … NON-TAX CODE CLAIMS The Seguins argue that governmental immunity does not apply because “the sole purpose of the Seguins’ claim is not to obtain money damages, but to establish that Chief Appraiser Amezquita

Gallegos, Enrique L. v. Escalon, Lily G. and David Rodriguez

Texas Court of Appeals, 13th District · May 6, 1999

In determining whether the school board proceeding at which Gallegos made his statement qualifies as quasi-judicial, we consider which powers outlined in Jacobs the school board exercised. … Second, in exercising its authority to govern, the school board clearly possess the power to "hear evidence and ascertain facts," that is, to investigate, in order to guide its actions.

Duncan v. Hampton County School District 2

335 S.C. 535 · Court of Appeals of South Carolina · May 10, 1999

If such evidence exists, then the District is not entitled to immunity under the SCTCA. … The District contends Duncan failed to establish the' foreseeability of her injuries and thus failed to establish legal cause. We disagree. A plaintiff proves legal cause by establishing foreseeability.

Richard v. BD. OF SUPER. OF LA. STATE UNIV.

960 So. 2d 953 · Louisiana Court of Appeal · Mar 28, 2007

Richard's claims had prescribed, were moot, were barred by LSU's Eleventh Amendment immunity, were barred by Ms. Rogé's qualified immunity, and that the reason for Ms. … If the court determines that the law was clearly established at the time the action occurred, the Harlow analysis requires the public official claiming immunity to show that, because of extraordinary circumstances, "he neither

Alief Independant School District (AISD) v. Raymond Brantley

558 S.W.3d 747 · Texas Court of Appeals, 14th District (Houston) · Aug 7, 2018

governmental immunity. … Garcia, 253 S.W.3d 653, 660 (Tex. 2008) (holding that “the [Act] clearly and unambiguously waives immunity”)).