Case law

People v. Safiedine

152 Mich. App. 208 · Michigan Court of Appeals · Jun 2, 1986

In particular, defendant argues that the prosecutor failed *216 to establish an adequate foundation for the records. … Rullo was thus a "qualified witness” within the rule’s meaning.

Belfand v. Petosa

2021 NY Slip Op 03522 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 2021

Only the sovereign's own consent could qualify the absolute character of that immunity" ( Nevada v Hall , 440 US 410, 414 [1979]). … State sovereign immunity . . . is constitutionally protected. And in the context of federal sovereign immunity . . . it is well established that waivers are not implied.

Schmitz v. Denton Cnty. Cowboy Church

550 S.W.3d 342 · Court of Appeals of Texas · May 10, 2018

Finally, Appellants failed to establish on appeal that the trial court clearly abused its discretion by denying their request for a temporary injunction. … charter] clearly says is that the City can be sued and impleaded in court when suit is permitted, not that immunity is waived for all suits."); cf.

Gale v. City of Philadelphia

86 A.3d 318 · Commonwealth Court of Pennsylvania · Mar 4, 2014

First, a plaintiff must establish that “damages would be recoverable under common law or a statute creating a cause of action if the injury were caused by a person not having available a defense,” of governmental immunity … Under the Pennsylvania Rules of Civil Procedure, the affirmative defense of governmental immunity should be raised by New Matter; however, where the defense of immunity is clearly applicable on the face of the complaint and

Iacco v. Bohannon

70 Mich. App. 463 · Michigan Court of Appeals · Aug 4, 1976

Since the language used is not actionable per se, its defamatory nature, if any, must be established from the totality of the circumstances. … We find that defendant Bohannon was clothed with a qualified privilege to make such statements.

Bell v. Crump

94 La.App. 3 Cir. 763 · Louisiana Court of Appeal · Mar 8, 1995

Additionally, we observe the viability of LSA-R.S. 13:1886: |5The clerk shall be a qualified elector of the state. … [glnstead, the legislature has only chosen to provide city court clerks with a qualified immunity which begins after the city court clerk’s bond has been exhausted. LSA-R.S. 13:1886.

Larry C. Beverage, Individually and as Personal Representative of the Estate of Charles E. Beverage, Linda K. Anderson, and Bonnie K. Valentine v. Alcoa, Inc. a Pennsylvania Corporation, and Iowa-Illinois Taylor Insulation, Inc., successor-in-interest to Iowa Illinois Thermal Insulation, Inc., an Iowa Corporation

Court of Appeals of Iowa · Mar 17, 2021

Qualified immunity is “an entitlement not to stand trial or face the other burdens of litigation.” Mitchell v. … “Bare metal defense” Beverage next argues that “while not directly stated in the statute, the meaning and purpose of [s]ection 686B.7(5) is quite clearly the establishment of the ‘bare metal defense.’”

Yedidag v. Roswell Clinic Corp.

5 N.M. 15 · New Mexico Court of Appeals · Sep 27, 2013

See § 41-9-2(E). {4} The ROIA grants qualified immunity to members of review organizations and to individuals who provide information to review organizations. … qualified immunity). {5} Of particular relevance to this case is Section 41-9-5, which deals with the confidentiality of review organization meetings.

Clarence Whitesell v. Nellie Newsome, as Next Friend of Jane Doe, a Minor Child

Texas Court of Appeals, 14th District (Houston) · Mar 2, 2004

Whitesell said, A I, therefore, saw no reason to terminate his employment with [BISD] in light of his otherwise very good job performance. @ Whitesell further testified that he provided Durham with a list of employees who were qualified … In this case, Whitesell does not controvert that he violated section 22.084(b) of the Education Code, a provision which clearly delineates the duties of a professional employee of a school with respect to obtaining approval

Crouch v. Trinque

262 S.W.3d 417 · Texas Court of Appeals, 11th District (Eastland) · Jul 17, 2008

Thus, Floyd established the affirmative defense of official immunity as a matter of law, and summary judgment in Floyd's favor was proper. … Because Trinque did not as a matter of law establish a qualified privilege or defense or disprove an element of defamation, she was not entitled to summary judgment on the cause of action for defamation.

Hendricks ex rel. Martens v. Weld County School District No. 6

19 Brief Times Rptr. 86 · Colorado Court of Appeals · Jan 26, 1995

Defendant challenges the applicability of this exception to the CGIA on the basis that, in its view, the unpadded wall cannot qualify as a “dangerous condition.” … Defendant also claims that it is entitled to a new trial because the trial court should have included instructions that inadequate design alone is insufficient to establish liability and that the physical condition of the

Fischer v. Kent State Univ.

2015 Ohio 3569 · Ohio Court of Appeals · Sep 1, 2015

Finally, "[i]f a defendant establishes all five elements for the application of a qualified privilege, a plaintiff can defeat its application only by showing by clear and convincing evidence … The affidavits and depositions taken in either the EEOC matter, or in this matter, are absolutely immune. {¶ 28} In summary, whether barred by the statute of limitations, a qualified privilege, or immunity, none of

Elias v. Akron

2019 Ohio 4657 · Ohio Court of Appeals · Nov 13, 2019

General Immunity and the R.C. 2744.02(B) Exceptions {¶10} There is no dispute that the City qualified, at the first tier of the analysis, for a general grant of immunity under R.C. 2744.02(A). … . 2744.02(B)(3) exception applies, the City retains immunity pursuant to R.C. 2744.03(A).” {¶20} If an R.C. 2744.02(B) exception to immunity applies, the political subdivision may still establish nonliability through

Santa Rosa Memorial Hospital v. Superior Court

174 Cal. App. 3d 711 · California Court of Appeal · Nov 21, 1985

Nor, as a practical matter, are physicians the only health care professionals qualified to *719 participate in the vital functions of such committees. … Moreover, the JCAH Manual clearly distinguishes between the responsibility of the hospital administration to establish and operate such a program and the responsibility of the infection control committee to evaluate the effectiveness

Bellamy v. State

525 S.W.3d 166 · Missouri Court of Appeals · Aug 8, 2017

The State contends this finding establishes that restitution is remedial in nature and, therefore, does not constitute punishment for ex post facto clause purposes. We disagree. … 1, section 13 of the Missouri Constitution provides, "That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, or making any irrevocable grant of special privileges or immunities

James v. Metro North Commute Railroad

166 A.D.2d 266 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 1990

However, the mere recitation of this self-serving statement is insufficient to establish that the reports qualify for the privilege of CPLR 3101 (d) (2). … Iannotti is clearly distinguishable and should have no, bearing on this case, and at this stage of the action should not prevent discovery of the requested items. 4.

Inmon v. Crane Rental Services, Inc.

205 Ariz. 130 · Court of Appeals of Arizona · May 6, 2003

Our own opinions have not always clearly distinguished them. To be sure, both apply in instances when an employer has loaned a temporary worker to another employer. … By contrast, to qualify for workers’ compensation immunity under the lent employee doctrine, a “special employer’s right to control the employee’s work need not be exclusive, merely primary.”

John Doe 1 v. Franklin County

139 A.3d 296 · Commonwealth Court of Pennsylvania · May 20, 2016

High Public Official Immunity to Statutory Claims Common pleas held that Sheriff Anthony is qualified for high public official immunity and is, therefore, insulated from all liability for the complained of acts in … First, a party may raise the affirmative defense of immunity as a preliminary objection where it is clearly applicable on the face of the complaint; that is, that a cause of action is made against a governmental

Murphy v. Herfort

140 A.D.2d 415 · Appellate Division of the Supreme Court of the State of New York · May 9, 1988

The plaintiff further contests the defendant’s assertion of a qualified privilege and contends that, in any *416 event, he established that the defendant acted out of malice and uttered statements with knowledge of their … Communications protected by a qualified privilege do not provide the communicant with absolute immunity against the imposition of liability in an action sounding in defamation.

Gonyea v. Motor Parts Federal Credit Union

192 Mich. App. 74 · Michigan Court of Appeals · Nov 19, 1991

Pursuant to MCL 421.11(b); MSA 17.511(b), any statement made to the mesc in the course of its administrative functions is absolutely privileged and the party making it is immune from suit. … The employee’s legitimate expectations may be based on stated employment policies and established procedures. Id., pp 618-619.