Case law

Bosanic v. Motz Development, Inc

277 Mich. App. 277 · Michigan Court of Appeals · Feb 28, 2008

While perhaps not drafted as clearly as it could have been, subsection 2 can best be understood as stating that this statutory scheme replaces any other common-law exceptions to immunity that might otherwise exist for sewer … It clearly provides that a “claimant may seek compensation” if the listed requirements are satisfied.

Texas Southern University v. Charles David Carter

Texas Court of Appeals, 1st District (Houston) · Aug 22, 2002

The supreme court held that the statutory prerequisite of establishing "equal treaty rights" was not a jurisdictional requirement. Id. at 76 . … Clearly, the "alleged violation" in this case was Carter's termination on August 31, 1998, which he became aware of by letter dated July 31, 1998.

Calabrese v. City of Albany

2023 NY Slip Op 05641 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2023

The Commissioner was clearly cognizant of the SCF complaint format, had an SCF account, and was charged with overseeing departmental operations in responding to the complaints. … Finally, we reject defendant's claim that the April 3, 2019 excavation constituted emergency work for which it is entitled to governmental immunity.

Colao v. Mills

3 A.D.3d 702 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 2004

Supreme Court granted defendants’ motion on the ground that defendants were entitled to qualified immunity, and plaintiff now appeals. … To be sure, whether qualified immunity exists is purely a question of law (see Martinez v Simonetti, 202 F3d 625, 632 [2d Cir 2000]) and should be determined at the earliest stage of litigation (see Baez v City of Amsterdam

Grady C. Judd, Sheriff of Polk County v. Christina Haegele, as Personal Representative of the Estate of Chance Haegele

District Court of Appeal of Florida · Mar 28, 2025

After the parties had conducted discovery, Judd and the Deputies moved for summary judgment, claiming that they were entitled to qualified immunity from these claims. See Terrell v. … Smith, 668 F.3d 1244, 1250 (11th Cir. 2012) (“Qualified immunity affords complete protection to government officials sued individually . . . .” (citation omitted)).

Texas Health and Human Services Commission and the Texas Department of Aging and Disability Services v. Jose P. Baldonado

Texas Court of Appeals, 13th District · Apr 30, 2015

Specifically, appellants maintain that Baldonado did not show he was qualified for the Clerk II position, because his employment application fails to demonstrate 7 If a plaintiff establishes a prima facie case … As to the second element, “[a]n employer may establish job requirements, and rely on them in arguing that a prima facie case is not established because the employee is not ‘qualified.’” Johnson v.

Darla Lackey v. Lone Star College System

Texas Court of Appeals, 9th District (Beaumont) · Oct 20, 2016

LSCS argued, among other things, that it was immune from Lackey’s claims because she could not establish the prima facie element that she was qualified for her position. … first establish that she was qualified for her position.

Univ. of Ky. v. Davis

551 S.W.3d 443 · Court of Appeals of Kentucky · Sep 15, 2017

Because of their length of employment with UK, each qualified to participate in UK's long-term disability (LTD) benefits program for its regular full-time employees. … immunity.

Lundeen Coatings Corp. v. Department of Water and Power

232 Cal. App. 3d 816 · California Court of Appeal · Jul 23, 1991

Plaintiff was approved and accepted by GEESI as a subcontractor qualified to work on the project. … But such departure is justified only when the facts clearly establish that a grave injustice would be done if an equitable estoppel were not applied.” (Ibid.)

Coleman v. State

Court of Appeals of Tennessee · Mar 17, 1999

The district attorney general of each judicial district shall register only the names of properly qualified and designated task force members with the board of claims. … The enabling statute does not waive sovereign immunity so as to establish a basis for vicarious liability of the state for the acts or omissions of persons who are not "state employees."

Horton ex rel. Horton v. Briley

792 So. 2d 432 · Court of Civil Appeals of Alabama · Jan 12, 2001

To do so, we must first focus our attention on the language of the statute and effectuate the intent clearly expressed therein if the language is unambiguous. Hartsette, 460 So.2d at 1223 . … However, the statute clearly reads any party. In this case, the bus drivers, because they are not entitled to State-agent immunity, certainly qualify as any party.

Peper v. St. Mary's Hospital & Medical Center

207 P.3d 881 · Colorado Court of Appeals · Dec 11, 2008

It furthers this goal by granting qualified immunity from damages lawsuits against participants in medical peer review activities. North Colorado Medical Center, 27 P.3d at 837 . … Consistent with the congressional goal of encouraging medical peer review, the HCQIA establishes a rebuttable presumption of immunity. See 42 U.S.C. § 11112 (a).

Lucchesi v. Fischer

179 Ohio App. 3d 317 · Ohio Court of Appeals · Nov 17, 2008

See Anello . {¶ 19} Here, the decision in Hubbell qualifies as one of “first impression,” which was not “clearly foreshadowed,” because (1) it resolved a conflict between two appellate districts that had reached opposite … R.C. 4511.01(EE). {¶ 45} The edge drop between the paved shoulder and the unpaved berm is clearly part of either the shoulder or the berm.

Mw v. Dshs

110 Wash. App. 233 · Court of Appeals of Washington · Feb 8, 2002

For the caseworkers *996 to have qualified immunity against such a claim, they must "(1) carry out a statutory duty, (2) according to procedures dictated by statute or superiors, and (3) act reasonably." … CP at 101-02. [9] Even if Francis has qualified immunity, the State can still be liable for negligent investigation. Waller v.

Ferguson v. Dyer

149 Ohio App. 3d 380 · Ohio Court of Appeals · Mar 28, 2002

His jurisdiction over the nurse is limited and certainly does not establish a general master-servant relationship.” Id. … Because the anesthesiology group, the general employer in Hanna, retained the right to hire, fire, or substitute for the nurse anesthetist, and the nurse was specially qualified for the work which was outside the scope of

Salzer v. Farm Family Life Insurance

280 A.D.2d 844 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 2001

that the statements are immune from disclosure. … Accordingly, we *847 conclude that such statements indeed were prepared in anticipation of litigation and, hence, enjoy qualified immunity under CPLR 3101 (d) (2) (cf., Lamitie v Emerson Elec.

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

Victor Cruz Gonzales v. Maritza Antu

Texas Court of Appeals, 1st District (Houston) · Jun 7, 2012

Antu filed an answer in which she asserted the affirmative defenses of prosecutorial immunity, qualified immunity, and official immunity. … See Bradt , 892 S.W.2d at 66 (citation omitted) (“The judges of Texas courts have absolute immunity for their judicial acts unless such acts fall clearly outside the judge’s subject-matter jurisdiction.”).

Stout v. Grand Prairie Independent School District

733 S.W.2d 290 · Texas Court of Appeals, 5th District (Dallas) · May 14, 1987

Clearly, the Stouts would have had an action at common law in the absence of section 21.912. b. … Section 101.051 of the Texas Tort Claims Act, which retains sovereign immunity for school districts, clearly creates different classes of plaintiffs that are treated differently under the law.

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.