Case law

JOSEPH CASTELLANO, M. D. v. DAVID HALPERN, M. D.

District Court of Appeal of Florida · Dec 29, 2023

Next, we must determine whether Castellano has shown that the trial court departed from clearly established law. … A departure from clearly established law can be shown by the misapplication of the plain language in a statute. Gonzalez, 15 So. 3d at 39.

Deutsche Bank AG v. Vik

214 Conn. App. 487 · Connecticut Appellate Court · Aug 23, 2022

from exercis- ing their rights under the [Workers’ Compensation] [A]ct, a situation the legislature clearly intended to pre- vent when it enacted § 31-290a.’’ … The court qualified its hold- ing by stating that ‘‘[t]his does not mean, however, that a defendant enjoys absolute immunity from all CUTPA claims under the litigation privilege, even those prem- ised on a violation of CUIPA

Ligon v. Middletown Area School District

136 Pa. Commw. 566 · Commonwealth Court of Pennsylvania · Dec 11, 1990

The trial court sustained Ligon’s objection because the response called for hearsay not qualifying under the admission exception. … Sidds’ statements fail to qualify under this exception. Also, Mr.

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

City of Austin v. Liberty Mutual Insurance

431 S.W.3d 817 · Court of Appeals of Texas · May 16, 2014

In its motion, the City asserted that appellees’ petitions did not sufficiently allege the “intent” and “public use” elements required for governmental action to qualify as a taking. … See Little-Tex Insulation Co., 39 S.W.3d at 598-99 (immunity retained in absence of properly pleaded takings claim); Carowest Land, Ltd., 432 S.W.3d at 513-14 , 2014 WL 1774535, at *6 (if plaintiff cannot establish viable

City of Lubbock v. Land

33 S.W.3d 357 · Court of Appeals of Texas · Oct 23, 2000

Land, however, contends that Article 42.20 does not apply to the City, but only to the entity establishing the program. Thus, in construing Article 42.20, our objective is to give effect to the Legislature’s intent. … The City qualifies as a political subdivision. See Tex.Gov’t.Code Annotated § 418.004(6) (Vernon 1998). Unfortunately, the statute does not define the term official capacity.

Falk v. Martel

210 Ill. App. 3d 557 · Appellate Court of Illinois · Mar 15, 1991

The case was removed to Federal court, and the defendant was granted summary judgment on count Y on the basis of qualified immunity. The remainder of the complaint was remanded back to the circuit court. … App. 2d 239 , 246 N.E.2d 24 ), nor was an employee of the Department of Transportation liable for failure to establish a no-passing zone where one was called for by State standards (Mora v.

Aliasgarian v. State of New York

2021 NY Slip Op 06489 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 2021

Initially, we agree with claimant that the State is not entitled to qualified immunity because, in view of the New York State Department of Transportation's Policy on Highway Lighting, which was admitted into evidence, there … We nevertheless conclude, however, that the State is entitled to dismissal of the claim under the ordinary rules of negligence, which are applicable in the absence of a qualified immunity defense ( see Brown v State of New

University of Iowa Press v. Urrea

211 Ga. App. 564 · Court of Appeals of Georgia · Dec 20, 1993

Appellant has clearly sold other works published by it to bookstores in Georgia. … In discussing comity in the context of sovereign immunity, the Supreme Court counseled: “It may be wise policy, as a matter of harmonious interstate relations, for States to accord each other immunity or to respect any established

James Frank Gilbert and Palestine ISD v. Charles Avery Dykes and Yvonne Dykes as Next Friend to Jennifer Dykes, a Minor

Texas Court of Appeals, 12th District (Tyler) · Nov 27, 2002

Thus, they argue, Gilbert established his right to official immunity and, they further argue, it follows that PISD retains its sovereign immunity. … However, a failure to do these things would remove the qualified sovereign immunity defense from availability through summary judgment while leaving it for the consideration of the jury at trial.

MacY's California, Inc. v. Superior Court

41 Cal. App. 4th 744 · California Court of Appeal · Dec 26, 1995

Contentions Macy’s contends that in order to qualify as a “physical injury” and avoid the more likely than not requirement of Potter , the injury must be more than a mere needle stick. … substantial damages apart from those due to mental distress, the danger of fictitious claims is reduced, and we are not concerned with mere bad manners or trivialities but tortious conduct resulting in substantial invasions of clearly

Wright v. Gaston County

205 N.C. App. 600 · Court of Appeals of North Carolina · Jul 20, 2010

[C]ounties have governmental immunity when engaging in activ *604 ity that is clearly governmental in nature and not proprietary. … Seacrest, supra, our Supreme Court set forth the test employed where a complaint does not clearly specify whether the defendants are being sued in their individual or official capacities: where the complaint does not clearly

Texas Tech University Health Sciences Center El Paso v. Loretta K. Flores

Texas Court of Appeals, 8th District (El Paso) · Aug 30, 2022

more qualified than Sanchez. … Third, Lange’s reason for considering Sanchez more qualified for the position was inconsistent with his proffered documentation to establish what the position required.

Pamela Stanley v. Dekalb County

Court of Appeals of Georgia · Oct 8, 2021

To state a claim under Title II of the ADA, a plaintiff must establish that: (1) she is a qualified individual with a disability; (2) she was either excluded from participation in or denied the benefits of the services … immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity”) (citation and punctuation omitted).

Mark Henry Benavides v. State

Texas Court of Appeals, 4th District (San Antonio) · Oct 30, 2019

Pierce was qualified to express an opinion as to the characteristics of sexual assault victims. … The burden rests upon the party who challenges the statute to establish its unconstitutionality. Rodriguez, 93 S.W.3d at 69.

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.

Adams v. Peck

43 Md. App. 168 · Court of Special Appeals of Maryland · Jul 13, 1979

An absolute privilege is distinguished from a qualified privilege in that the former provides immunity regardless of the purpose or motive of the defendant, or thé reasonableness of his conduct, while the latter is conditioned … Peck was clearly of that nature, and is therefore protected by the “absolute” privilege set forth in Kennedy v. Cannon, supra.

Michael W. Elliott v. James A. West & Ross Reporting Services, Inc.

Texas Court of Appeals, 1st District (Houston) · Mar 31, 2011

Instead, the motion argues only traditional grounds for summary judgment: qualified immunity and res judicata/impermissible collateral attack. … The evidence therefore supports the trial court’s summary judgment on Elliott’s claims against West on the basis of qualified immunity.

Crow v. Rockett Special Utility District

17 S.W.3d 320 · Texas Court of Appeals, 10th District (Waco) · May 24, 2000

SOVEREIGN IMMUNITY Crow claims in his third issue that the court erred in granting summary judgment because “Rockett waived any immunity it would be entitled to by contracting with Crow, a private citizen.” … Thus, Rockett has not contractually waived its immunity from liability. 3 Cf. Federal Sign, 951 S.W.2d at 405-06 (immunity from liability waived by contract). Accordingly, we overrule Crow’s third issue.

Brown v. Parish of East Baton Rouge

126 So. 2d 173 · Louisiana Court of Appeal · Dec 19, 1960

Natchitoches Parish School Board, 238 La. 388 , 115 So.2d 793 , overrule the jurisprudence established in Clinton v. … from liability vel non from torts committed in the exercise of a governmental function, which has been established by the jurisprudence of this state and holds that such immunity does not exist with respect to municipalities