Case law

David Deville v. the University of Texas M. D. Anderson Cancer Center

Texas Court of Appeals, 1st District (Houston) · Aug 26, 2021

Anderson, as a governmental entity, enjoys sovereign or governmental immunity from suit unless the Legislature has waived its immunity. See Alamo Heights Indep. Sch. Dist. v. … The court went on to hold that a plaintiff could establish a prima facie case of disability discrimination simply by proving that (1) she has a disability; (2) she is qualified for the job she held; and (3) she was “subject

Villalobos v. Dona Ana Bd. of Cnty. Comm'rs

2014 NMCA 44 · New Mexico Court of Appeals · Jan 30, 2014

{4} Eventually, County Defendants moved for summary judgment based on qualified immunity, as well as Plaintiff’s lack of expert testimony, demonstrating the standard of care required of County Defendants and any breach … The issue of qualified immunity was not appealed. II. DISCUSSION 2 A.

Carretti v. Schwanger

404 Pa. Super. 51 · Superior Court of Pennsylvania · Apr 29, 1991

Although, the usage of the word “request” is not qualified or explained by the trial court, nor are we capable of ascertaining the connotation of that word held by the trial court, it is clear that Moyer did not request appellant … Appellant was clearly not ordered/requested to go for sandwiches, she was on her own time when she went and indicated she was going to the restaurant in any event.

Welch v. Illinois Supreme Court

322 Ill. App. 3d 345 · Appellate Court of Illinois · Jun 4, 2001

As Welch’s employer, Justice Heiple is protected by a qualified privilege. See Vajda v. Arthur Andersen & Co., 253 Ill. App. 3d 345, 358-59 (1993). … It is well established that a breach of contract claim against the State is a present claim for relief barred by sovereign immunity. See, e.g., Smith v. Jones, 113 Ill. 2d 126, 132-33 (1986).

Jeanine Anthony v. County of Morris

New Jersey Superior Court Appellate Division · May 12, 2025

A defendant invoking qualified immunity is entitled to dismissal prior to suit "[u]nless the plaintiff's allegations state a claim of violation of clearly established law . . . ." Mitchell v. … The facts as alleged do not support a finding that defendants violated plaintiff's clearly established constitutional rights. They do not support an abrogation of qualified immunity.

Fisher v. Lauderdale County Board of Supervisors

7 So. 3d 968 · Court of Appeals of Mississippi · Mar 31, 2009

The circuit court determined that this statute established a minimum requirement for a culvert and any decision outside of the minimum requirement was a discretionary function. … “However, this qualified immunity only affords protection against suits arising out of the performance of discretionary duties.” Mohundro v.

Newsom v. Frank M. Hall & Co.

101 P.3d 1107 · Colorado Court of Appeals · Dec 6, 2004

In sum, because the record establishes that the § 8-41-401(1)(a)(I) exception to statutory employment status applies here, the trial court properly refused to dismiss plaintiffs claims against Hall on the basis of immunity … In light of the evidence, we cannot say that the amount awarded by the jury was manifestly and clearly erroneous.

Dn v. Gilead Sciences Inc

Michigan Court of Appeals · Apr 8, 2025

“A motion under MCR 2.116(C)(8) may only be granted when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” Id. … The plain language of the PREP Act clearly grants Gilead and St. Joseph immunity from all liability for injuries that were not caused by willful misconduct. Because plaintiffs have not alleged that Gilead or St.

Arkansas Elder Outreach of Little Rock, Inc. v. Thompson

2012 Ark. App. 681 · Court of Appeals of Arkansas · Dec 5, 2012

|RIn this case, the third, fourth, and fifth factors are clearly the most relevant. … As we explained in Watkins, what is reasonable is usually a question of fact, and it was AEO’s burden to establish its entitlement to charitable-immunity status.

City of Canyon, Texas and Lois Rice v. Kevin Fehr and Brian Goss

Texas Court of Appeals, 7th District (Amarillo) · Dec 8, 2003

The first and second concern the doctrines of sovereign immunity and standing, respectively. … Issue One — Sovereign Immunity Canyon initially argues that the doctrine of sovereign immunity barred the suit. We disagree and overrule the point.

Fong v. Forman

105 So. 3d 650 · District Court of Appeal of Florida · Jan 30, 2013

Judges enjoy absolute immunity for acts performed in the course of their judicial capacities unless they clearly act without jurisdiction. Id. at 83 . … We find Fuller to be directly on point and consistent with the established principle that a quasi-judicial official carrying out the directive of a judge is protected from suit by the doctrine of judicial immunity.

Smith v. Lane

Court of Appeals of North Carolina · Apr 16, 2025

Defendants argue the undisputed evidence establishes that, as a matter of law, governmental immunity bars Plaintiff’s claims. We agree. A. … Conclusion Driving a firetruck on return to the station is clearly a governmental function entitled to immunity.

Iovine v. State of New York

2018 NY Slip Op 6723 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 2018

Thus, in the field of traffic design engineering, a municipality is accorded a qualified immunity from liability arising out of a highway planning decision ( see Turturro v City of New York , 77 AD3d 732, 735 ). … "To establish its entitlement to qualified immunity, the governmental body must demonstrate that the relevant discretionary determination by the governmental body was the result of a deliberative decision-making process.

KIPP, Inc. v. Kimberly Whitehead

446 S.W.3d 99 · Texas Court of Appeals, 1st District (Houston) · Aug 12, 2014

To establish a prima facie case of discrimination, the employee must show that she: (1) is a member of a protected class; (2) was qualified for her position; (3) suffered an adverse employment action; and (4) was replaced … In order to establish a prima facie case of race discrimination, a plaintiff must show that she: (1) is a member of a protected class; (2) was qualified for her position; (3) suffered an adverse employment action; and

Gintert v. Wci Steel, Inc., 2002-T-0124 (12-14-2007)

2007 Ohio 6737 · Ohio Court of Appeals · Dec 14, 2007

If the requirements for the qualified privilege are established, then the burden falls on the plaintiff to show by clear and convincing evidence that the statements were made with actual malice, i.e., that the statements … privilege, as they were made on a matter of common interest as part of the grievance procedure established between WCI and the steelworkers' union.

T. Robinson v. Philadelphia Int'l. Airport ~ Appeal of: City of Philadelphia

Commonwealth Court of Pennsylvania · Jun 9, 2025

As such, requiring a government entity “to engage in litigation from which [it] is immune and allowing such litigation to proceed clearly undermines the purpose of immunity.” Hommrich, 329 A.3d at 784. … It does not establish that Judge Kennedy’s grant of summary judgment to the City was clearly erroneous on the issue of the nature of the area where Robinson fell, which might have subjected the City to liability at trial.

Robert Shipton v. Chickasaw County Board of Health, Chickasaw County Public Health Agency, Chickasaw County Public Health Nursing Service d/b/a Chickasaw County Public Health & Home Care Services, and Terri Franzen, R.N.

Court of Appeals of Iowa · Nov 21, 2018

“Iowa Code chapter 670 establishes the parameters of a municipality’s liability for the negligent acts or omissions of its employees.” Keystone Elec. Mfg., Co. v. … This is known as the emergency- response immunity or exception. See Keystone, 586 N.W.2d at 346. The scope of the emergency-response immunity is fairly well established.

Caplan v. Winslett

218 A.D.2d 148 · Appellate Division of the Supreme Court of the State of New York · Feb 29, 1996

Thus * * * a lawyer has immunity for defamatory words spoken in a judicial proceeding * * * The immunity does not attach solely because the speaker is a[n] * * * attorney * * * but because the statements are, in the words … An even more fundamental defect is that the statement seems to be clearly protected by the qualified privilege that would attach to a communication from a supervisor to his subordinates, explaining the reason for the departure

O'Brien, J. v. Beatty, K.

329 A.3d 685 · Superior Court of Pennsylvania · Dec 20, 2024

Finally, preliminary objections seeking dismissal of a cause of action “should be sustained only in cases in which it is clear and free from doubt that the pleader will be unable to prove facts legally sufficient to establish … The standard for determining who qualifies as a high public official “focus[es] on the nature of the duties of the particular public officer, the importance of his office, and whether or not he has policy- making functions

Latam Investments, LLC v. Holland & Knight, LLP

88 So. 3d 240 · District Court of Appeal of Florida · Oct 19, 2011

The Supreme Court also emphasized: It is well established that a federal court may consider collateral issues after an action is no longer pending.... … LatAm suggests that the Supreme Court might adopt Judge Warner’s dissenting opinion, which would grant only a qualified immunity in such situations. Id. at 8-13 .