Case law

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.

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.

Martorano Appeal

231 Pa. Super. 395 · Superior Court of Pennsylvania · Jan 16, 1975

Superior Ct. 474 , 310 A. 2d 683 (1973), discussed the validity of the in camera proceeding at which the prosecution established the need for immunity in the absence of the appellant which he contends flies in the face of … The Pennsylvania Immunity Act must be strictly construed as serious constitutional rights are involved and as the verification was clearly improper, we reverse the order of the court below citing the appellant for contempt

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.

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.

Dept. of Pubic Health v. Estrada

Connecticut Appellate Court · Mar 15, 2022

‘‘The principle that the state cannot be sued without its consent, or sovereign immunity, is well established under our case law. . . . … This is clearly reporting a violation of law under the jurisdiction of the agency; and falls squarely within a qualifying disclo- sure.’’ (Footnote added; footnotes omitted.)

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

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.

Annette Beal v. Westchester Surplus Lines Insurance Company

Louisiana Court of Appeal · Dec 15, 2021

App. 1 Cir. 7/18/18), 254 So.3d 714, 722 (concluding that soccer was included within the definition of “recreational 7 purposes” and qualified as a recreational activity); … Once a defendant has established that it is entitled to immunity under La. R.S. 9:2795, the burden of establishing a malicious or willful failure to warn of a dangerous condition shifts to the plaintiff. Richard v.

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.

Goldwait v. State

961 S.W.2d 432 · Texas Court of Appeals, 1st District (Houston) · Aug 21, 1997

Glass and appellant’s brothers, we hold that the State clearly and convincingly established the third criterion under section 574.034(a)(2). 1 See *436 Mezick v. … State, 920 S.W.2d at 430 (holding testimony of a physician and sister sufficient to establish clearly and convincingly the necessary statutory criterion for temporary commitment). We overrule point of error two.

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.

Catalanotto v. Lifemark Hospitals of Louisiana, Inc.

94 La.App. 5 Cir. 403 · Louisiana Court of Appeal · Dec 14, 1994

In connection with the exception of prematurity, the following was established: St. Jude first became a member of the Fund on January 24, 1989 and is “qualified” as a self-insured health care provider. St. … The burden is on a defendant to prove immunity from suit as a qualified health care provider under the Act. Goins v. Texas State Optical, Inc., 463 So.2d 743, 744 (La.App.4th Cir.1985).

Vishal Nemarugommula, M.D. v. VHS San Antonio Partners, LLC, Baptist Medical Center, Sowjanya Mohan, M.D., Dimple Butler, M.D., Kimberly Mallery, M.D., and Physician Services, LLC

Texas Court of Appeals, 4th District (San Antonio) · Mar 18, 2026

KPH Consolidation, Inc., 166 S.W.3d 212, 214 n.2 (Tex. 2005) (addressing § 160.010’s qualified immunity as defense to malicious credentialing claim); Kinnard, 194 S.W.3d at 57–58; see also St. Luke’s Episcopal Hosp. v. … See 42 U.S.C. § 11111(a)(1) (establishing qualified immunity from liability for damages for professional review actions, excepting civil rights claims); 42 U.S.C. § 11115(a) (“Except as specifically provided in this subchapter

Pomfret v. Atkinson

137 So. 3d 1161 · District Court of Appeal of Florida · Apr 9, 2014

To overcome a qualified privilege, the- plaintiff must establish express malice. Id. … The statements were therefore protected by a qualified privilege.

Interair Services, Inc. v. Insurance Co. of North America

375 So. 2d 317 · District Court of Appeal of Florida · Jun 27, 1979

We do not find any decision of the appellate courts of Florida allowing the state to hide behind the doctrine of sovereign immunity to avoid its clearly established contractual obligations. … Where the legislature has expressly authorized the counties to own, operate, maintain and contract with respect to airport facilities, we think the waiver of sovereign immunity is clearly and sufficiently implied even if

Mullins v. Vakili

506 A.2d 192 · Superior Court of Delaware · Feb 21, 1986

In Hickman, supra, the Supreme Court attempted to resolve the controversy by recognizing a qualified immunity for discovery for a lawyer’s work product, making such material discoverable only on a substantial showing of “ … Contrary to the view of the plaintiffs, the qualified work product immunity of Rule 26(b)(3) extends not only to non-attorneys, but also to material prepared before litigation commences. Id.

ATN Marts, Inc. v. Ireland

195 A.D.2d 959 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1993

The assertion that Ireland might have made the statement to discredit Republican opponents and obtain political advantage does not establish malice. … Ireland’s answer raised the affirmative defenses of absolute immunity and absolute privilege, and set forth facts that may also serve as a basis for the defense of qualified privilege.