Case law

Abdallah v. OCCUPATIONAL CENTER OF HUDSON CTY., INC.

351 N.J. Super. 280 · New Jersey Superior Court Appellate Division · May 30, 2002

Clearly, OCHC is not a religious organization. For the reasons we hereafter explain, it appears that it is also not an educational organization within the intendment of the statute. … We do not regard this function as exclusively educational in any traditional, usual or common-language sense although, clearly, by virtue of the nature of its function, it potentially qualifies as a charitable endeavor. [

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.

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

City of San Antonio v. Valemas, Inc.

Texas Court of Appeals, 4th District (San Antonio) · Jun 13, 2012

Payne’s pass through claim, as asserted by Valemas, clearly “arises from” the contract between the City and Valemas. … As noted by supporters of the bill, because of the threat of immunity, many qualified contractors declined to bid on local government projects, considering it too risky.

Dudley v. City of Tampa

912 So. 2d 322 · District Court of Appeal of Florida · May 13, 2005

Also at this time, the Mayor's Challenge Fund was established, a central component of which was to make money available to qualified individuals who were traditionally unable to buy homes. … Because Appellants have not established that the City had a statutory or common law duty to them based on the allegations in the third amended complaint, we need not reach the issue of whether sovereign immunity insulated

Locus v. Fayetteville State University

102 N.C. App. 522 · Court of Appeals of North Carolina · Apr 16, 1991

The defendants filed an answer to her complaint asserting various defenses, including lack of personal jurisdiction, failure to state a claim upon which relief could be granted, sovereign immunity, qualified immunity and … However, Raintree is clearly distinguishable from the case at hand in that the plaintiff there was found to have waived his objection to the 10-day notice requirement under Rule 56 by fully participating in the hearing and

Citizens State Bk. of NJ v. Libertelli

215 N.J. Super. 190 · New Jersey Superior Court Appellate Division · Feb 9, 1987

In order to qualify for the absolute privilege accorded to judicial proceedings, a defamatory statement must be made in the course of the proceeding. … immunity."

J.L. Nagle. v. TrueBlue, Inc., Labor Ready, Inc. and Labor Ready Northeast, Inc. and Rye Twp.

148 A.3d 946 · Commonwealth Court of Pennsylvania · Oct 24, 2016

Ready and the Township stating, in pertinent part: At the [o]ral [a]rgument on the [Motions], counsel for [Nagle] made it clear to the [trial c]ourt that he believed [the] Township qualified … Because the established law holds that the entity with the right to control Bell’s work and his manner of performing it is the leading indicator of his employer, the Township was clearly Bell’s borrowing employer at the time

Lal v. Commonwealth, Department of Transportation

755 A.2d 48 · Commonwealth Court of Pennsylvania · May 19, 2000

The trial court denied the motion, again on the grounds that Lai failed to establish an exception to sovereign immunity. The instant appeal to this Court followed. … Further, in his reply brief, Lai asserts that the trial court established that the action complained of by Lai was a continuing trespass.

Carter v. Reese

2014 Ohio 5395 · Ohio Court of Appeals · Dec 8, 2014

The scope of the immunity protection provided in a Good Samaritan statute varies from jurisdiction to jurisdiction. … "Mere negligence is not converted into wanton misconduct unless the evidence establishes a disposition to perversity on the part of the tortfeasor.

KSDO v. Superior Court

136 Cal. App. 3d 375 · California Court of Appeal · Oct 7, 1982

It is an immunity from contempt, not a privilege against disclosure. A discussion of the effects of the constitutionalization of that immunity is not necessary to resolution of the case before us. … We hold therefore that the qualified privilege under the First Amendment as above stated protects Brown and KSDO from having to reveal Brown’s notes. The order compelling discovery of the notes is improper.

Keyes v. Santa Clara Valley Water Dist.

128 Cal. App. 3d 882 · California Court of Appeal · Feb 17, 1982

831.8 providing for qualified governmental immunity relating to artificial conditions of reservoirs and canals. … On the other hand, section 831.8 sets forth a qualified governmental immunity for artificial conditions arising from man-made water impoundment and distribution improvements and facilities, such as reservoirs, canals, conduits

Ray Ferguson Interests, Inc. v. Harris County Sports & Convention Corp.

169 S.W.3d 18 · Texas Court of Appeals, 1st District (Houston) · Oct 7, 2004

HCSCC has incurred substantial damages as a direct result of [Ferguson’s] foregoing actions and inaetions[,] for which it seeks recovery from [Ferguson]. 3 “ ‘To qualify as a claim for affirmative relief, a defensive pleading … Although some counterclaims may not seek affirmative relief, 4 HCSCC’s counterclaim *24 clearly did. 5 Also as in Reata, HCSCC did not file its jurisdictional plea until after it had filed its original counterclaim — over

Cozby v. City of Waco

110 S.W.3d 32 · Texas Court of Appeals, 10th District (Waco) · Jan 22, 2003

or official immunity. … The City did not seek a summary judgment on the basis of its employee’s qualified or official immunity. Thus, we do not have jurisdiction to review that portion of the trial court’s order granting the summary judgment.

Murphy v. City of Topeka

6 Kan. App. 2d 488 · Court of Appeals of Kansas · Jun 19, 1981

Training Act (CETA) and to establish the Topeka-Shawnee County Consortium. … Even assuming arguendo that such immunity did exist, that immunity would not extend to the individual defendants based upon the allegations of plaintiff’s petition.

Patrick v. Floyd Medical Center

255 Ga. App. 435 · Court of Appeals of Georgia · Apr 30, 2002

To ensure meaningful compliance with the professional review system established by the Act, 2 *439 “Congress found it essential to provide qualified immunity from damages actions for hospitals, doctors, and others who participate … Patrick had exhibited “clearly incorrect” clinical judgment in two cases, one ending in the death of a patient.

Farooq v. Coffey

206 A.D.2d 879 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1994

Defendant established that he is entitled to judgment as a matter of law by demonstrating that there is no triable question of fact on the issue whether the statements were protected by a qualified privilege (see, Buckley … Similarly, two nearly identical statutes, Education Law § 6527 (5) and Public Health Law § 2805-m (3), provide for qualified immunity on the part of "any person * * * or * * * entity on account of the communication of information

People v. O'Malley

2021 IL App (5th) 190127 · Appellate Court of Illinois · Mar 19, 2021

Because the evidence established that the vehicle was headed -5-  toward a hospital and was stopped solely for a well-being check, it is the defendant’s position … known because they were on the scene for the purpose of a well-being check and, separately, the state’s attorney’s office should have noted that the defendant should not have been charged because she qualified

Webber v. Ohio Dep't of Pub. Safety

103 N.E.3d 283 · Ohio Court of Appeals · Dec 21, 2017

on appellant's defamation claim and the immunity issue. … In it, appellant argues "this situation clearly involves an allegation that [appellant] did not perform her job duties because of bias or prejudice," which constitutes defamation per se. (Memo. Contra at 4.)

State ex rel. Hostetter v. Hunt

24 Ohio Law. Abs. 350 · Ohio Court of Appeals · Nov 15, 1936

date said persons have been the duly appointed, qualified and acting executors of the last will and testament of Carrie Jacobs Brown and of her estate. … defaults, not an immunity from the collection of a valid tax.