Case law

Marino v. BOH BROS. CONST. CO., LLC

982 So. 2d 887 · Louisiana Court of Appeal · Apr 2, 2008

In its report, OSHA cited 29 C.F.R. § 1926.753 (d)(2)(iii) which provides that when working under suspended loads, all loads shall be rigged by a qualified rigger. … Boh Bros. may have been negligent, as the OSHA citation suggests, but it still receives statutory immunity from La.

Charlie Wyne v. State of Florida

189 So. 3d 840 · District Court of Appeal of Florida · Jul 29, 2015

The participants discussed a proffer letter which would provide him immunity from non-violent crimes, but the Assistant U.S. Attorney told appellant directly that he would not obtain immunity for any crimes of violence. … Under a totality of the circumstances test, the trial court clearly did not err in denying the motion to suppress the confession as involuntary. Traylor v.

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida · Aug 7, 2025

Because the government is immune to suit, it “cannot be sued, except with its own consent. … power that, as already explained, the ALJ clearly cannot possess.

Weaver v. Deevers

180 N.E.3d 619 · Ohio Court of Appeals · Oct 25, 2021

Chapter 2744 immunity on all claims. … Kotten, 43 Ohio St.2d 237, 243, 331 N.E.2d 713 (1975). {¶24} “Even in a case where a plaintiff has established a prima facie case of defamation, a defendant may invoke the defense of conditional or qualified privilege

Biermann v. Biermann

584 S.W.2d 106 · Missouri Court of Appeals · Mar 6, 1979

Her mother, as custodial parent, filled out a personal financial statement in order to qualify Carolyn Ann for the aid. Carolyn Ann did not return home the following summer, but obtained employment in Columbia. … Her mother, as the head of her home, made the necessary financial statements to establish Carolyn Ann’s qualification for financial assistance.

Williams v. Touro Infirmary

578 So. 2d 1006 · Louisiana Court of Appeal · Apr 16, 1991

We disagree that plaintiffs' participation in Touro's retirement program established a fixed term of employment. Plaintiffs' entitlement to retirement benefits was not a contract for a specific term. … In effect, assertion of a qualified privilege amounts to rebuttal of the allegation of malice.

Smith v. City of Tucson

153 Ariz. 372 · Court of Appeals of Arizona · Feb 19, 1987

The restriction was clearly posted and appellant saw the signs. The appellant was not a neighborhood resident, nor did he qualify for a visitor parking permit. … Notwithstanding appellant’s strenuous argument that a more stringent level of review should be utilized, our supreme court has clearly answered this question, and we will not consider the issue further.

Lee v. State

2 Ga. App. 481 · Court of Appeals of Georgia · Sep 19, 1907

It is well settled that §73 does not qualify or limit the law of justifiable homicide contained in §71. … The principle involved in each of these requests was fully and clearly presented to1 the jury in the charge as delivered, and no possible ground for complaint appears.

Estate of Ridley v. Hamilton County Board of Mental Retardation & Development Disabilities

150 Ohio App. 3d 383 · Ohio Court of Appeals · Nov 22, 2002

We agree and hold that such duties are set forth and established by the following code sections. … Clearly, MRDD operates in a geographic region smaller than the state.

Sanchez v. City of New York

85 A.D.3d 580 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 2011

Defendant failed to meet its burden of demonstrating its entitlement to qualified immunity since it submitted only its own memorandum stating that the maximum permissible horizontal gap between a subway train and straight … Defendant also failed to establish its entitlement to judgment as a matter of law.

Bridenbaker v. City of Buffalo

137 A.D.3d 1729 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 2016

“If found to be objectively reasonable, the officer’s actions are privileged under the doctrine of qualified immunity” (Holland, 90 AD3d at 844 ). … immunity.

in Re Matthew T. Hinterlong

Texas Court of Appeals, 2nd District (Fort Worth) · Jul 3, 2003

--Fort Worth 2001, pet. denied) (addressing school district employees' entitlement to immunity if all elements under section 22.051(a) of the Education Code are established); see also Tex. Educ. … Hinterlong clearly has established that the tipster "may be able to give testimony necessary to a fair determination of a material issue on the merits in a civil case": specifically, testimony as to how and from whom the

Ward v. Nationwide Mut. Fire Ins. Co.

364 So. 2d 73 · District Court of Appeal of Florida · Nov 8, 1978

As always in determining questions involving the interpretation of insurance contract, it is helpful to repeat those well established rules which we are required to apply in reaching our conclusions. … But the legislature has clearly spelled out the consequences of that dereliction of duty. Personal liability is imposed by Section 627.733 as well as the loss of no fault tort immunity.

Pogoso v. Sarae

138 Haw. 518 · Hawaii Intermediate Court of Appeals · Sep 22, 2016

The Hawai'i Supreme Court has recognized and established a qualified immunity for “non-judicial governmental officials, when acting in the performance of their public duty,” which is referred to as a conditional privilege … authorized emergency vehicles, the judicially created doctrine of qualified immunity did not apply).

Lombardo v. Traughber

990 S.W.2d 958 · Texas Court of Appeals, 9th District (Beaumont) · Jun 10, 1999

At the conclusion of that suit, Lombardo sued Traughber in the present case alleging that Traughber rendered his opinion in the medical malpractice suit on matters in which he was not qualified and which “totally contravened … The absolute immunity of parties and witnesses from subsequent liability for their testimony in judicial proceedings is well established at common law. Briscoe v.

City of Lubbock v. Adams

149 S.W.3d 820 · Texas Court of Appeals, 7th District (Amarillo) · Dec 13, 2004

A plaintiff has the burden to establish a waiver of immunity from suit. Tex. Dep’t of Transportation v. Jones, 8 S.W.3d 636, 638 (Tex.1999). … Thus, we must first determine whether the language of either the City’s charter or section 51.075 clearly and unambiguously waives the City’s immunity from suit.

v. Rau

490 P.3d 804 · Colorado Court of Appeals · Jun 11, 2020

Sufficiency of the Evidence to Establish Statutory Immunity ¶ 20 The People contend that the evidence was insufficient to show that (1) Rau held a reasonable belief that D.R. might use physical force against him … As a result, this evidence was sufficient to establish Rau’s statutory immunity from prosecution. VI. Conclusion ¶ 27 The order is affirmed.

ESPN, Inc. and Paula Lavigne v. University of Notre Dame Security Police Dept., a Dept. of the University of Notre Dame du Lac

50 N.E.3d 385 · Indiana Court of Appeals · Mar 15, 2016

Accordingly, judgment is proper only when there are no genuine issues of material fact and when the facts shown by the pleadings clearly establish that the non-moving party cannot in any way succeed … [35] Correspondingly, we note that whereas the Police Department qualifies as a public agency under APRA because it is a law enforcement agency, the remainder of Notre Dame clearly does not qualify as

City of Midlothian v. Black

271 S.W.3d 791 · Texas Court of Appeals, 10th District (Waco) · Nov 5, 2008

In the absence of a clear and unambiguous waiver of immunity we must, therefore, review the Supreme Court’s established guidelines: (1) the statute in question must waive immunity “beyond doubt”; (2) ambiguities are generally … According to Black, by incorporating the Government Code’s definition of person into section 11.086(a), the Legislature clearly and unambiguously meant to waive Midlothian’s immunity from suit.

Darren Bradley Swain v. Corporal Jason Hutson, Officer Dora Dewall, Sergeant Daniel Henning, Court Clerk Norma Williams, Judge Stewart Milner, Judge Rosalia Maddock, and Does 1-5

Texas Court of Appeals, 2nd District (Fort Worth) · Dec 22, 2011

and qualified immunity. … The doctrine of qualified immunity shields an official performing discretionary functions from liability for civil damages under section 1983, provided that the official‘s conduct does not violate clearly established constitutional