Case law

Pondella Hall for Hire, Inc. v. Lámar

866 So. 2d 719 · District Court of Appeal of Florida · Jan 2, 2004

Lamar alleged various grounds for dismissing Pondella's counterclaims, including: (1) prosecutorial immunity, (2) qualified immunity, (3) sovereign immunity, (4) laches, (5) insufficient pleadings and (6) statutory bars. … This pleading is insufficient to establish that the State took the leases.

Rothman v. Sternberg

207 A.D.2d 438 · Appellate Division of the Supreme Court of the State of New York · Aug 15, 1994

Moreover, there *441 is no First Amendment constitutional imperative that affords immunity to the defendant absent qualifying under the "opinion immunity doctrine”. … As a corollary to such protection, the opinion must be a valid opinion, not a camouflage for the utterance of clearly defamatory factual language.

U.S. Taekwondo Comm. v. Kukkiwon

411 P.3d 782 · Colorado Court of Appeals · Jul 3, 2013

Starks, 36 P.3d 168 , 171 (Colo.App.2001) (ruling on CGIA qualified immunity not immediately appealable because CGIA "qualified immunity is not a jurisdictional issue of sovereign immunity, but rather, an affirmative defense … " that provides immunity from liability); see also Furlong, 956 P.2d at 551 (distinguishing CGIA qualified immunity from qualified immunity in a § 1983 case and concluding that "qualified immunity under the CGIA does not

L.L.C., Inc. and Fun Holdings, LLC v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas and Ken Paxton, Attorney General of the State of Texas

Texas Court of Appeals, 13th District · Jun 8, 2023

. § 111.0041. 4 the SOB Fee against certain types of establishments (adult cabarets and specifically latex clubs) but not against other businesses which also qualify … Sovereign immunity deprives a trial court of jurisdiction over lawsuits in which the State and its various agencies have been sued unless immunity is clearly and unambiguously waived by the legislature. Travis Cent.

City of New Braunfels, Texas v. Carowest Land, Ltd.

432 S.W.3d 501 · Texas Court of Appeals, 3rd District (Austin) · Apr 30, 2014

I, § 17). 24 See id. 13 and governmental immunity.25 Conversely, if a plaintiff “cannot establish a viable takings claim” against a governmental entity … The City’s insistence on such specificity appears to be grounded on a misunderstanding that Carowest is relying (or can only rely) on the “ultra vires” exception to immunity to establish the district court’s jurisdiction

De La Cruz v. State

192 Ariz. 122 · Court of Appeals of Arizona · Feb 24, 1998

under § 12-820.01(B)(3) or qualified immunity under § 12-820.02(A)(6). … ADOSH inspectors do not, therefore, enjoy absolute immunity for their inspections undér § 12-820.01(B)(3). ¶ 13 We also reject the State’s argument that the inspectors have qualified immunity under § 12-820.02(A)(6).

Higgins v. City of Oneonta

208 A.D.2d 1067 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 1994

Following completion of discovery, defendants moved for sum *1069 mary judgment dismissing the complaint on the grounds of privilege and qualified immunity. … Because the excessive force inquiry is governed by the same "objective reasonableness” standard as the qualified immunity standard, we have not considered the qualified immunity defense in the context of this claim (see,

Rasmussen v. Hancock Cty. Commrs., 5-06-54 (5-27-2008)

2008 Ohio 2498 · Ohio Court of Appeals · May 27, 2008

First, the court must determine whether the entity claiming immunity qualifies as a political subdivision and whether the harm occurred in connection with a *Page 13 governmental or proprietary function. … may be asserted to establish nonliability: (3) The political subdivision is immune from liability if the action or failure to act by the employee involved that gave rise to the claim of liability was within the discretion

Physicians Committee for Responsible Medicine v. Tyson Foods, Inc.

13 Cal. Rptr. 3d 926 · California Court of Appeal · Jun 1, 2004

Com. (1947) 30 Cal.2d 388, 393 [ 182 P.2d 159 ], “[i]t is an established canon of interpretation that statutes are not to be given a retrospective operation unless it is clearly made to appear that such was the legislative … Code of Civil Procedure section 425.17 clearly deprives Tyson of any basis to strike PCRM’s suit pursuant to the anti-SLAPP statute.

Anderson v. Anderson

980 So. 2d 15 · Louisiana Court of Appeal · Feb 6, 2008

The Plaintiff argues that the acts of the Defendant's employees were operational and not subject to the qualified immunity. In Fowler v. … Since the acts are discretionary, the qualified immunity statute applies. Thus, the trial judge did not err in instructing the jury that the Defendant could not be held liable without finding gross negligence.

Fa by Pa v. Wjf

280 N.J. Super. 570 · New Jersey Superior Court Appellate Division · Apr 7, 1995

To qualify for federal aid, states must provide for the reporting of child abuse and furnish immunity to the reporters. Id. at 790, 794; 42 U.S.C.A. § 5103 . … Some jurisdictions provide a qualified immunity to reporters of suspected child abuse.

Babinchak v. Town of Chesterton

598 N.E.2d 1099 · Indiana Court of Appeals · Sep 10, 1992

Indiana Trial Rule 56(C) places the burden on the movant to establish the propriety of granting summary judgment. … Accordingly, Ind.Code 34-4-16.5-3 provides 17 separate and distinct instances where governmental immunity is available. It is necessary for Chesterton to qualify for only one category in order for immunity to attach.

Holly v. Maryland Automobile Insurance Fund

29 Md. App. 498 · Court of Special Appeals of Maryland · Dec 31, 1975

.” *503 The previously quoted language in Maddy, supra, clearly demonstrates that the statute meets this test and is valid. … The trial judge concluded from the evidence that “* * * the facts in this case are not sufficient to establish that there was, in fact, emancipation.”

Regina Nachael Howell Foster v. MacKie Wolf Zientz & Mann PC

Texas Court of Appeals, 2nd District (Fort Worth) · Mar 25, 2021

immunity. … Once it was established in [Foster’s] pleading that [the Law Firm] was entitled to the defense of attorney immunity, the burden of proof shifted to [Foster] to present facts that would show that [the

Stillwell v. McGrath

85 N.J. Super. 252 · New Jersey Superior Court Appellate Division · Oct 26, 1964

There is no doubt that Stillwell was qualified as a beneficiary of this section while engaged in the mission on which he was injured. … The immunity is one of the benefits of the law, and it clearly extends to the third-party defendant here.

Fellhauer v. City of Geneva

190 Ill. App. 3d 592 · Appellate Court of Illinois · Nov 2, 1989

Stat. 1987, ch. 24, par. 3 — 11—1 (relied upon by Lewis)); (2) Lewis was immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) for discretionary acts within the … The trial court refused to consider Lewis’ assertions of qualified immunity, finding those matters improper for consideration under a section 2— 615 motion (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 615).

Olivares v. Brown & Gay Engineering, Inc.

401 S.W.3d 363 · Court of Appeals of Texas · Apr 25, 2013

Thus, as the movants here, MSE and Brown & Gay have the burden to establish their entitlement to governmental immunity as governmental employees. See id. IY. Analysis A. … Brown & Gay also had to represent that it presently had, or could obtain, adequate qualified employees to work on the project.

State Of Washington v. Jennifer Leigh Youde

Court of Appeals of Washington · May 20, 2013

Youde handed the undercover officer six grams of marijuana in exchange for $90, without making any effort to verify that he was qualified as a medical user. … The order quashing the subpoena on the basis of sovereign immunity has not been appealed. It is well established that a waiver of sovereign immunity must be unequivocally expressed; it cannot be implied.

Mare v. City of New York

112 A.D.3d 793 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2013

The City failed to meet its prima facie burden of establishing its entitlement to judgment as a matter of law. … “In the area of *794 traffic design engineering, a municipality will generally be accorded qualified immunity from liability arising out of its highway planning decisions” (Turturro v City of New York, 77 AD3d 732, 735 [2010

Petta v. Rivera

985 S.W.2d 199 · Texas Court of Appeals, 13th District · Feb 25, 1999

Rivera moved for summary judgment- on the basis of qualified immunity. The district court granted him summary judgment on the Fourth Amendment claim, but denied his motion on the' Fourteenth Amendment claim. … By point four Petta asserts the trial court erred in granting summary judgment because appellees did not establish their affirmative defense of sovereign immunity.