Case law

Jerry Sanchez, Timothy Wiliams, and Jose Estrada v. James Daniel Boone

579 S.W.3d 526 · Texas Court of Appeals, 14th District (Houston) · May 16, 2019

We conclude that the officers have established they are entitled to official immunity as to the confiscated typewriter because it was used to conceal immunity.” … See Telthorster, 92 S.W.3d at 464-65 (noting officer had burden to establish he acted in good faith “for purposes of invoking official immunity’s protection”).

Campbell v. Campbell

294 N.J. Super. 18 · New Jersey Superior Court Appellate Division · Apr 12, 1996

In this case the plaintiff argues that the domestic violence order has established a "special relationship" between her and the Plainfield police and that therefore the statute does not provide immunity. … [t]he absolute immunity of section 3-5 applies to non-action or the failure to act in connection with the enforcement of the law, and the qualified immunity of section 3-3 applies to acts constituting enforcement of the law

Stewart v. Solutions Community Counseling & Recovery Ctrs., Inc.

2021 Ohio 2635 · Ohio Court of Appeals · Aug 2, 2021

When read in context, the statute refers clearly to harm inflicted on third parties by the mental health patient. … The statute clearly codifies immunity to mental health providers in what would have previously been a common law negligence action.

St. Angelo v. United Scaffolding, Inc./X-Serv., Inc.

2009 La.App. 4 Cir. 1420 · Louisiana Court of Appeal · May 19, 2010

Therefore, it is established that Global Services can clearly contract on ExxonMobil’s behalf as a result of the Master Services Agreement and their general status as a subsidiary of ExxonMobil. … This Court also finds that the July 1, 2004 Amendment to the CSA clearly establishes the application of this statutory employer status to both ExxonMobil and Chalmette Refining, L.L.C.

Higgins v. Walls

901 A.2d 122 · Superior Court of Delaware · Aug 19, 2005

The Messick Motion Although Messick concedes that it issued Walls a hunting license when Walls was not qualified to receive the license, Messick argues that Higgins’ claims are barred by sovereign immunity and the Tort Claims … from suit. 45 Realizing this shortcoming, the General Assembly in 2004 extended immunity to these licensing vendors and, in doing so, clearly expressed its intent that such immunity was not to be applied retroactively. 46

Vreeman v. Jansma

Court of Appeals of Iowa · Jun 21, 2023

We agree that standing up a domesticated animal that is down does not fall under one of these specific categories of domesticated animal activity.1 We further agree with Vreeman’s observation that the statute establishes … a finite list of covered activities.2 1 Vreeman acknowledges that the closest qualifying language would be section 673.1(3)(k) but argues that getting a downed heifer back on its feet does not fall within the plain

Laub v. Pesikoff

979 S.W.2d 686 · Texas Court of Appeals, 1st District (Houston) · Aug 31, 1998

At common law, the absolute immunity of parties and witnesses from subsequent liability for their testimony in judicial proceedings is well established. Briscoe v. … TexFam.Code Ann. § 261.106 (Vernon 1996) (granting statutory immunity to those who testify in child abuse cases); Tex.

King v. Klocek

187 A.D.3d 1614 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 2020

Plaintiffs' allegations, if true, establish that defendant committed a predicate offense under 15 USC § 7903 (5) (A) (ii) and, as a result, establish that this action is not a qualified civil liability action and not subject … 5] [A] [iii]), the "action" is not subject to dismissal at this stage of the proceeding (§ 7902 [b]), and we do not address defendant's contentions regarding the negligent entrustment and negligence per se exceptions to immunity

In Re: Texas Board of Pardons and Paroles v. the State of Texas

Texas Court of Appeals, 5th District (Dallas) · Nov 26, 2024

TBPP also argues that Flowers’s allegations, taken as true, conclusively establish that no waiver of immunity under the Tort Claims Act applies here. … The parties dispute whether Flowers’s pleadings establish a waiver of immunity under this statute.

State v. Ott

167 Ariz. 420 · Court of Appeals of Arizona · Oct 18, 1990

A limited grant of immunity will not suffice: to supplant the privilege, the grant of immunity “must be coextensive with the scope of the privilege.” Rivera v. … so much of it as is true and qualify or deny the remainder.

Battin v. Samaniego

23 S.W.3d 183 · Texas Court of Appeals, 8th District (El Paso) · Jun 22, 2000

is an affirmative defense, 5 as is official immunity. 6 Accordingly, the *186 burden is upon defendants to establish all elements of the defense as a matter of law. 7 To the extent the trial court’s summary judgment may … . 13 It is by now well established that the legislature has clearly waived sovereign immunity for its political subdivisions in actions brought under the anti- *187 retaliation provision of the Labor Code.

Linda D. Tanner v. Texas Health and Human Services Commission, Julia Murray, Wendy Proctor, and Juan Rodriguez

Texas Court of Appeals, 15th District · Jun 13, 2025

Qualified immunity, by definition, is used to protect government officials from a lawsuit unless their actions violated clearly established statutory or constitutional rights. … Claiming qualified immunity would be invalid and unlawful in this case.

Rehm v. Ford Motor Co.

365 S.W.3d 570 · Court of Appeals of Kentucky · Oct 7, 2011

It was the sole province of the jury to evaluate the conflict clearly demonstrated and highlighted by the effective cross-examination. … Cain, 236 S.W.3d 579 (Ky.2007), the Supreme Court of Kentucky decided that Ford is not subject to up-the-ladder immunity.

Adams v. Rochester Gas & Electric Corp.

191 A.D.2d 960 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1993

By virtue of its limited use of the property, defendant does not qualify as an "owner, lessee or occupant of premises” entitled to the broad grant of immunity afforded by the statute (General Obligations Law § 9-103 [1] [ … Further, defendant failed to meet its burden of establishing, as a matter of law, that plaintiff assumed the risk of injury (see, Lamey v Foley, 188 AD2d 157 ).

Branum v. Board of Regents of University

5 Mich. App. 134 · Michigan Court of Appeals · Oct 17, 1967

This Court recognizes the wisdom of establishing a separate governing body of the University of Michigan, free from the political influences that are necessarily a part of a State legislature. … Without these confines, however, there is no reason to allow the regents to use their independence to thwart the clearly established public policy of the people of Michigan.

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

Libertarian Party v. Roberts

85 Or. App. 450 · Court of Appeals of Oregon · May 20, 1987

Political groups which qualify as minor political parties under ORS 248.008 and ORS 249.732 are entitled to nominate candidates for offices in the district or districts in which they are qualified and to have their nominees … ORS 249.740(1) (b) establishes a five percent petition requirement for unaligned candidates running for offices other than those enumerated in subsection (1)(a).

Ellingson & Associates, Inc. v. Keefe

396 N.W.2d 694 · Court of Appeals of Minnesota · Dec 2, 1986

He claims (1) inquiry cannot be made of his mental processes and (2) he is immune from tort liability. We grant extraordinary relief. … In such a posture, clearly the Commissioner could not be orally deposed regarding his decision. See Mampel, 254 N.W.2d at 378 . 4.

Cornell v. Hamilton

791 N.E.2d 214 · Indiana Court of Appeals · Jul 8, 2003

She raises the following issue for review: Whether the State’s funeral leave policy, under which an employee may be granted funeral leave upon the death of a qualified relative, the death of a spouse’s qualified relative, … However, under the alternate classification scheme identified in Martin , she was clearly a member of the burdened class, and the court's analysis proceeded from this premise.

Grable v. Hillsborough County Port Authority

132 So. 2d 423 · District Court of Appeal of Florida · Aug 18, 1961

It has been established that the declaratory judgment act may not be invoked unless there is a bona fide dispute between the adversaries to a cause as to a present justiciable question, and judicial declarations as to questions … a proceeding as being judicial in nature so as to bring it within the constitutional powers of the courts appear in the following excerpt: "Before any proceeding for declaratory relief should be entertained it should be clearly