Case law

In Re: EAN Holdings, LLC D/B/A Enterprise Rent-A-Car v. the State of Texas

Texas Court of Appeals, 8th District (El Paso) · Jun 16, 2023

(2) USBP’s immunity does not preclude it from being designated as a responsible third party Todorovic argued to the trial court that USBP could never qualify as a responsible third … As a result, the trial court clearly abused its discretion to the extent it relied on USBP’s immunity from suit to deny Enterprise’s motion for leave.

People v. Jackson

210 Cal. App. 4th 525 · California Court of Appeal · Oct 24, 2012

“That certainly does not in any way establish that the association was for the purpose of cultivation. It only establishes that some of the people may have been cultivating. That’s very different. … The CUA thus provided a limited immunity from prosecution, including a defense at trial. [Citation.]

Montoya v. City of Colorado Springs

770 P.2d 1358 · Colorado Court of Appeals · May 4, 1989

Qualified Immunity The defendants also argue that the undisputed evidence shows that the individual defendants’ actions were subject to a qualified immunity under § 1983. … Individual defendants in a § 1983 action may, under appropriate circumstance, enjoy a qualified immunity.

Tabrizi v. City of Austin

551 S.W.3d 290 · Court of Appeals of Texas · Apr 25, 2018

Accordingly, the DJA "is not a general waiver of sovereign immunity" but only waives "immunity for certain claims." Texas Parks & Wildlife Dep't v. … Under the common dictionary definition, a street gutter that redirects water would not intuitively qualify as a utility service provided to the property.

Mission Consolidated School District v. Gloria Garcia

Texas Court of Appeals, 13th District · May 27, 2010

Age Discrimination To establish a prima facie case of age discrimination, a plaintiff must show: (1) that she was discharged; (2) that she was qualified for the position; (3) that she was in the protected class at the time … Notwithstanding the lack of briefing or argument, the supreme court considered the waiver issue (9) and concluded that the "TCHRA clearly and unambiguously waives immunity." Garcia , 253 S.W.3d at 660 .

Brown Group Retail, Inc. v. Franchise Tax Board

44 Cal. App. 4th 823 · California Court of Appeal · Apr 22, 1996

Minn, and the determination not to hear the other two cases apparently created confusion regarding what sales activities in a state qualified for immunity. … First, it is clear from the majority opinion in Wrigley that only request-related activity qualifies for immunity. That is not the situation presented here.

The Harris Center for Mental Health and IDD v. Deborah McLeod

Texas Court of Appeals, 1st District (Houston) · Apr 2, 2024

The Harris Center argues that (1) it is a governmental unit entitled to assert immunity; and (2) it retains its immunity under the TCHRA because McLeod did not establish a prima facie case for any of her claims or raise … (concluding that entity was entitled to governmental immunity from suit based on uncontroverted affidavit from Commissioner of Texas Department of Mental Health and Mental Retardation recognizing that entity qualified

Su Inn Ho v. University of Texas at Arlington

984 S.W.2d 672 · Texas Court of Appeals, 7th District (Amarillo) · Nov 4, 1998

By stating that it is “the Legislature’s sole province to waive or abrogate sovereign immunity,” the majority opinion in Federal Sign clearly reaffirmed a long line of cases standing for that general principle. … To establish the good faith element, a state employee must show that a reasonable person in the same position would have believed that his conduct was lawful according to clearly established law and according to the information

AAIS Corp. v. Department of Administrative Services

93 Conn. App. 327 · Connecticut Appellate Court · Jan 24, 2006

The party seeking the exercise of the court’s jurisdiction bears the burden of alleging facts that clearly demonstrate that it is the proper party to invoke judicial resolution of the dispute. . . . … The defendants filed a motion to dismiss, claiming that the plaintiff had not alleged facts sufficient to have standing to pursue its exclusion as a bidder or to establish waiver of sovereign immunity.

In Re China Oil and Gas Pipeline Bureau

94 S.W.3d 50 · Texas Court of Appeals, 14th District (Houston) · Aug 22, 2002

When considered in their entirety, the letters establish that China Oil consistently asserted its immunity from suit. … Though the court’s decision in Haven was based, in part, on its determination that the letter did not constitute a responsive pleading under rule 7 of the Federal Rules of Civil Procedure, the court’s reasoning clearly establishes

Frady v. Student Loan Servicing Center

313 S.C. 561 · Court of Appeals of South Carolina · Apr 18, 1994

We agree that Frady may be able to establish a basis for injunctive relief and we accordingly reverse the trial court’s order as to summary judgment on the injunction cause of action. … to qualified and limited liability).

Martelli v. RA Chambers and Associates

99 Or. App. 524 · Court of Appeals of Oregon · Dec 6, 1989

Plaintiffs essential argument is that defendant is not his employer and, therefore, does not qualify for statutory immunity. … Defendant had the burden to establish that summary judgment was appropriate because there is no issue as to a material fact and that it was entitled to judgment as a matter of law.

Snyder v. North Allegheny School District

722 A.2d 239 · Commonwealth Court of Pennsylvania · Dec 24, 1998

Tort Immunity Act. … In effect, the School District is arguing that Barbara Yankasky was not qualified as an expert witness to render such a diagnosis.

Ratliff v. McDonald

326 Ga. App. 306 · Court of Appeals of Georgia · Mar 18, 2014

And “[any] waiver of sovereign immunity must be established by the party seeking to benefit from that waiver.” (Citation and punctuation omitted.) McCobb, 309 Ga. App. at 218 (1) (a). … We note the Deputies may also have had a potential immunity defense to those claims. 8 The doctrine of official immunity, also known as qualified immunity, affords limited protection to public officers and employees for discretionary

Goddard v. Department of Fish & Wildlife

243 Cal. App. 4th 350 · California Court of Appeal · Dec 23, 2015

Contrary to plaintiffs’ position, we conclude that DFW established without triable issue of material fact that it was entitled to natural- condition immunity under section 831.2. … Certainly the dam remnant qualifies as an artificial obstruction.

K.G. Sheehan Vello v. D. DeMarco

Commonwealth Court of Pennsylvania · Jul 10, 2025

Because we conclude the facts averred do not establish with certainty that immunity applies, we affirm Common Pleas’ decision. … Without further factual development establishing the nature and purpose of the Board’s meeting, we agree with Common Pleas that DeMarco is not entitled to quasi-judicial immunity.

the Gulf Coast Center v. Daniel Curry, Jr.

Texas Court of Appeals, 1st District (Houston) · Sep 10, 2020

Applicable law and standard of review Under the common law, immunity from liability and immunity from suit are discrete aspects of governmental immunity. Rusk State Hosp. v. … The TTCA provides a limited waiver of governmental immunity—either immunity from suit or immunity from liability—under specified circumstances.

Clemons v. Cardington

2022 Ohio 513 · Ohio Court of Appeals · Feb 18, 2022

I., III. {¶13} In Appellant’s First and Third Assignments of Error, Appellant argues Appellee failed to establish a genuine issue of material fact as to whether Appellant is entitled to political subdivision immunity … The third tier is to determine whether the political subdivision is entitled to a defense or qualified immunity under R.C. 2744.03(A). Vasquez-Comer v. City of Toledo, 6th Dist. Lucas No.

Amesquita v. Gilster-Mary Lee Corp.

408 S.W.3d 293 · Missouri Court of Appeals · Sep 10, 2013

Second, the amendments removed the qualifier that the statutory definition of “accident” applied “unless a different meaning is clearly indicated by the context.” Id. … This qualifier had formerly allowed courts to adopt a broader definition of “accident” when the context so required. Id.

Rebecca Goch v. the Edison Institute

Michigan Court of Appeals · Oct 17, 2025

wanton” misconduct that would fall outside the EALA’s immunity provisions, and (3) the principle of res ipsa loquitur failed to establish an independent cause of action. … Thus, plaintiff has failed to establish that the trial court erred in granting the defendant summary disposition based on the immunity provisions provided under the EALA. Affirmed.