Case law

Martorano Appeal

225 Pa. Super. 474 · Superior Court of Pennsylvania · Sep 19, 1973

Appellant’s substantive contentions here are that no hearing, as required by §640.1 of the Act 2 at which need for the grant of immunity was established, was held or that the hearing was not a full-scale, adversary proceeding … “The establishment of ‘need’ must be proven to the satisfaction of the Court in the cautious and restrained exercise of the extraordinary benefit being allowed the immunized witness.

City of Galveston, Dorothy Palumbo, City Attorney and Sterling W. Patrick, Director of Grants and Housing v. CDM Smith, Inc.

470 S.W.3d 558 · Court of Appeals of Texas · Apr 2, 2015

Clear Lake City Water Auth., 320 S.W.3d 829, 838 (Tex. 2010) (noting written contracts stated essential terms because names of the parties, property at issue, and basic obligations were clearly outlined). … The Act does not define or otherwise qualify the word “refuse.” See Thomas v. Cornyn, 71 S.W.3d 473, 485 (Tex. App.—Austin 2002, no pet).

A.B. v. County of San Diego

California Court of Appeal · Jun 26, 2025

immunity because it found there was “no clearly established law that would have put [the deputy defendants] on notice that the force they used was excessive.” … immunity.

Poss v. Department of Human Resources

206 Ga. App. 890 · Court of Appeals of Georgia · Dec 3, 1992

Azar, ruling that he had qualified immunity from plaintiff’s Section 1983 claim (for essentially the same reasons that he has state statutory immunity). Pendent jurisdiction over the state tort claim was thus removed. … The department states that the burden of establishing that there has been a waiver of sovereign immunity rests with the plaintiffs, see Kelleher v. State, 187 Ga. App. 64 (1) ( 369 SE2d 341 ) (1988); Balasco v.

Columbus Consolidated Government v. Woody

342 Ga. App. 233 · Court of Appeals of Georgia · Jun 30, 2017

Accordingly, “[a] waiver of sovereign immunity must be established by the party seeking to benefit from that waiver.” McCobb v. Clayton County, 309 Ga. … Correspondingly, new Code section 36-92-2 established the degree to which immunity was waived under the new first sentence of OCGA § 33-24-51 (b) for “negligent use of a covered motor vehicle.” OCGA § 36-92-2 (a).

Robinson v. Nash County

43 N.C. App. 33 · Court of Appeals of North Carolina · Sep 18, 1979

It is well established in this State that counties or municipal corporations have no governmental immunity for activities that are “proprietary” in nature. Bowling v. … In the present case the record establishes that the allegedly negligent acts attributed to the defendant Doughtie were clearly “of a public nature,” Hipp v. Ferrall, supra, imposed by statute, see N.C.

Nichols v. Fahrenkamp

2018 IL App (5th) 160316 · Appellate Court of Illinois · Feb 4, 2019

¶ 21 JUSTICE GOLDENHERSH, dissenting: ¶ 22 I respectfully dissent. ¶ 23 As noted in the majority opinion, while alluding to both qualified and absolute immunity of attorney Fahrenkamp, as plaintiff … . ¶ 25 The majority’s disposition denying any form of immunity, absolute or quasi-qualified, runs counter to sound authority and reads Vlastelica v. Brend, 2011 IL App (1st) 102587, too narrowly.

Catalina v. Crawford

19 Ohio App. 3d 150 · Ohio Court of Appeals · Jun 28, 1984

Both defendants qualify as officials under this definition. … The supervision of plaintiff’s work assignments was clearly the responsibility of her supervisors (defendants).

Haley v. Leary

2009 La.App. 4 Cir. 1626 · Louisiana Court of Appeal · Aug 4, 2010

not clearly wrong. … is not clearly wrong.

Kline v. KDB, INC.

295 Ga. App. 789 · Court of Appeals of Georgia · Jan 30, 2009

violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … If the violation of a constitutional right has been shown, the court considers in the second step whether the right was clearly established. Id.

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

D. Scrip v. Debbie O'Dell Seneca, in her individual capacity as President Judge of the Court of Common Pleas of Washington County

191 A.3d 917 · Commonwealth Court of Pennsylvania · Jul 23, 2018

In crafting the Code of Conduct, Scrip argued, the Supreme Court clearly expressed its intent to provide a 7 remedy to judicial employees under the Whistleblower Law. … to such claims; and (b) the Code of Conduct, which requires Judicial employees to report wrongdoing, qualifies as a public policy of the Commonwealth.

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.

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.

Compton v. City of Santee

12 Cal. App. 4th 591 · California Court of Appeal · Jan 14, 1993

This factor, alone, probably suffices to establish immunity. (Ramirez v. … City of Santa Clara (1970) 8 Cal.App.3d 573, 575-577 [ 87 Cal.Rptr. 675 ] [no § 830.8 warning need be given where design, having met all applicable engineering standards, qualified for design immunity].)

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.

Raymondville Independent School District v. Ruben Ruiz

Texas Court of Appeals, 13th District · Mar 4, 2021

PLEA TO THE JURISDICTION By its sole issue, Raymondville ISD alleges the trial court erred in denying its plea to the jurisdiction because Ruiz did not establish a waiver of Raymondville ISD’s immunity. … Here, there was enough evidence to establish Ruiz acted under a good faith belief and there was evidence presented to the trial court that showed a genuine issue of material fact.

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

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.]

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.