Case law

Whittney Ford v. Jim Davis, in His Official Capacity as Interim President of the University of Texas at Austin and the University of Texas at Austin

Texas Court of Appeals, 15th District · Oct 31, 2025

Ford’s failures to establish these alleged waivers of UT Defendants’ sovereign immunity will be addressed in turn. C. Tex. … In addition to the fact that sovereign immunity bars Ford’s section 552.321 claim because Ford cannot establish a waiver of sovereign immunity under section institutions.” UTS 139, § 11.

Doris Ann Huff v. Michael Hirsch

Texas Court of Appeals, 1st District (Houston) · Aug 19, 2010

Accordingly, we hold that Hirsch has established as a matter of law that immunity shielded him from Huff’s claims because his conduct was undertaken regarding pending litigation in furtherance of his representation of Casey … Hirsch, at Casey Huff’s direction, drafted the agreement with terms that were clearly adverse to Huff.

Polk County v. Ellington

306 Ga. App. 193 · Court of Appeals of Georgia · Sep 23, 2010

Thus, we concluded that under the circumstances, “the paramedics’ actions . . . were clearly discretionary.” Id. … Glenn 20 (“the act of establishing a policy in the first place is discretionary”).

COOSA VALLEY TECHNICAL COLLEGE v. West

299 Ga. App. 171 · Court of Appeals of Georgia · Jul 15, 2009

must be established by the party seeking to benefit from that waiver; thus, the plaintiffs had the burden óf establishing waiver of sovereign immunity. … As set forth below, the trial court erred in denying the State Defendants’ motion to dismiss because the Wests failed to carry their burden of establishing a waiver of sovereign immunity. 2.

Ross v. Indiana State Board of Nursing

790 N.E.2d 110 · Indiana Court of Appeals · Jun 13, 2003

To qualify as a “prevailing party,” the plaintiff must obtain at least some relief on the merits of his claim which directly benefits him at the time of the judgment. Farrar v. … We turn, then, to the trial court’s finding that quasi-judicial immunity prevented an award of attorney’s fees.

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).

Texas Workers' Compensation Commission, the Subsequent Injury Fund, and Todd Brown in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission v. Texas Builders Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Jun 17, 1999

Moreover, the question of waiver of sovereign immunity for any such entity falls to the legislature, and "it is a well-established rule that for the Legislature to waive the State's sovereign immunity, it must do so by clear … clearly intended that the statutory scheme it conceived be enforceable.

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.

Geiersbach v. Blue Cross/Blue Shield of Kansas City

58 S.W.3d 636 · Missouri Court of Appeals · Sep 4, 2001

Although the legal file clearly establishes the issues before the trial court and the basis for its dismissal decision, Geiersbach’s specific claims of error are difficult to discern because his First Amended Appellant’s … Geiersbach has never disputed the basic facts which establish that BCBS met and complied with every element in the statute and was, therefore, entitled to immunity.

Florida Fish and Wildlife Conservation Comm. v. William Daws, Jr. and Ouida Gershon

256 So. 3d 907 · District Court of Appeal of Florida · Aug 16, 2018

In the Order on Evidentiary Hearing and Hearing on Summary Judgment Motion, the trial court found that the credible testimony clearly and convincingly established that deer dog hunting days invade and interfere with Appellees … continued, temporary actions of the same character may also qualify as a taking.”

Orellana v. LOUISIANA CITIZENS PROP. INS.

972 So. 2d 1252 · Louisiana Court of Appeal · Dec 5, 2007

In this case, Plaintiff has had to watch his home sustain ongoing damage [2] as a result of Louisiana Citizens' decision to not pay timely insurance payments, which qualifies the case under subsection (1). … R.S. 22:1430.5, captioned "Immunity from liability," states: A.

Picture Rocks Fire District v. Pima County

152 Ariz. 442 · Court of Appeals of Arizona · Nov 18, 1986

“The rule is clearly established in Arizona that one member of a legislature which passes a law is not competent to testify regarding the intent of the legislature in passing that law.” Golder v. … They also contend that Chapter 278 grants special or exclusive privileges to the taxpayers who qualify for withdrawal from a fire district under the statute, to the exclusion of taxpayers who do not qualify due to either

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.

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.

Montanez v. State

24 So. 3d 799 · District Court of Appeal of Florida · Jan 6, 2010

Yet even assuming Montanez did establish irreparable harm that could not be remedied on postjudgment appeal, he has not established that the trial court departed from the essential requirements of the law. … There must be a violation of a clearly established principle of law resulting in a miscarriage of justice.” Housing Auth. of Tampa v. Burton, 874 So.2d 6, 8 (Fla. 2d DCA 2004) (citing Ivey v. Allstate Ins.

Begier v. Strom

46 Cal. App. 4th 877 · California Court of Appeal · Jun 19, 1996

App.4th at pages 616-617, the court cited a string of precedent cases holding that a communication designed to initiate a criminal prosecution qualifies for immunity as a publication "in any other official proceeding authorized … However, only qualified immunity is granted to persons who are not statutorily obligated to make a report: "Any other person reporting a known or suspected instance of child abuse shall not incur civil or criminal liability

Disappearing Lakes Ass'n v. Department of Natural Resources

121 Mich. App. 61 · Michigan Court of Appeals · Nov 3, 1982

One was that the complaint failed to plead facts establishing negligence, nuisance, or violation of any statute. … He found the plaintiffs had not pled facts sufficient to establish the nuisance exception to the doctrine of governmental immunity. This appeal followed. We look at the complaint against the state and its department.

Matts v. Homsi

106 Mich. App. 563 · Michigan Court of Appeals · May 20, 1981

The testimony adduced by plaintiff indicated that defendant clearly had certain hospital responsibilities. … Plaintiff also contends that defendant should not have been afforded partial immunity since there was a doctor-patient relationship established prior to the advent of the emergency.

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 .

Laws v. Handy

Superior Court of Delaware · Jul 21, 2017

the absence of only one of these elements to defeat qualified immunity under Section 4001.19 D. … Plaintiffs are required to establish one of three possible avenues of relief in order to defeat the Licensing Supervisor’s qualified immunity under Section 4001:31 31 See supra n. 20.