Case law

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.

Ross v. Mauro Chevrolet

Appellate Court of Illinois · Dec 28, 2006

and Governmental Employees Tort Immunity Act (Immunity Act). … Defendants also contended that -4- 1-06-0156 the officers' establishment of probable cause provided them with qualified immunity against the section 1983 claims.

Reid v. Roberts

112 N.C. App. 222 · Court of Appeals of North Carolina · Oct 5, 1993

A public officer sued individually is normally immune from liability for “mere negligence.” … The immunity afforded to public officers is qualified. A public officer is shielded from liability unless he engaged in discretionary actions which were allegedly: (1) corrupt, Wiggins v. City of Monroe, 73 N.C.

Hansen v. Brandywine Nursing and Rehabilitation Center, Inc.

Superior Court of Delaware · Jan 23, 2023

—BNR says this is a suit about the administration of countermeasures which are immunized by the PREP Act.67 BNR’s argument confuses suits over the administration of a countermeasure itself—which is clearly immunized—with … COVID-19 and the PREP Act’s “covered countermeasures” did not establish a new defense to such claims, nor did they foreclose BNR from showing that it acted within the standard of care at the time the Plaintiffs contracted

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.

W. KY COCA-COLA BOTTLING v. Revenue Cabinet

80 S.W.3d 787 · Court of Appeals of Kentucky · Dec 21, 2001

With Chief Justice Marshall's famous declaration "the power to tax involves the power to destroy," the United States Supreme *789 Court established the doctrine of federal immunity from state taxation, a principle founded … from state sales taxes unconstitutional under the immunity doctrine. [9] More specifically, the Supreme Court has established that post exchanges and similar facilities such as the one at Fort Campbell are arms of the government

Hays County, Texas v. Hays County Water Planning Partnership

Texas Court of Appeals, 3rd District (Austin) · Jan 17, 2002

Hays County failed to raise a claim of qualified immunity in its appeal of the denial of its summary judgment motion. … Therefore, even assuming that Hays County had properly raised legislative immunity in its appeal of the denial of summary judgment and that legislative immunity may be asserted as a type of qualified immunity under section

Thorpe v. Washington City

668 Utah Adv. Rep. 4 · Court of Appeals of Utah · Oct 28, 2010

He alleges that by filing a notice of claim *503 pursuant to the Governmental Immunity Act of Utah, he tolled the statute of limitations of the Whistleblower Act because the notice qualified as a "civil action." … Id. § 67-21-4(2). {12 The Governmental Immunity Act of Utah (GIA), see Utah Code Aun. §§ 63-30d-101 to -904 (2004), 5 immunizes governmental entities and their employees "from suit for any injury that results from the exercise

University of Texas Southwestern Medical Center at Dallas v. Gentilello

317 S.W.3d 865 · Texas Court of Appeals, 5th District (Dallas) · Jul 21, 2010

Emergency services must be organized under the direction of a qualified member of the medial staff and the policies and procedures governing medical care provided in the emergency service or department must be established … Emergency services must also be supervised by a qualified member of the medical staff. 42 C.F.R. § 482.55 .

Droscha v. Shepherd

931 N.E.2d 882 · Indiana Court of Appeals · Aug 3, 2010

In determining whether a person is entitled to the benefit of judicial immunity, we use the functional approach established by the United States Supreme Court and look to the nature of the function performed, not the identity … Here, there is no dispute that the Association established the panel of arbitrators.

Noonan v. State

53 Wash. App. 558 · Court of Appeals of Washington · Mar 9, 1989

A few jurisdictions grant the parole board qualified rather than absolute immunity. Beck v. Kansas Univ. … Psychiatry Found., supra (although the state tort law barred an action based on its statute, the court held qualified "good faith" immunity will apply under the federal Civil Rights Act); Donahoo v.

TREVOR DOOLEY v. STATE OF FLORIDA

268 So. 3d 880 · District Court of Appeal of Florida · Apr 3, 2019

who qualifies under either section 776.012(1) or 776.013(3). . . . .... … Section 776.012(1) provides another means of obtaining immunity for individuals who would not qualify for immunity under section 776.013(3).

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.”

Hough v. State

203 A.D.2d 736 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 1994

However, it has been equally well established that in the field of traffic design engineering, the State (and its municipalities) is accorded a qualified immunity from liability arising out of a highway planning decision … "Under this doctrine of qualified immunity, a governmental body may be held liable when its study of a traffic condition is plainly inadequate or there is no reasonable basis for its traffic plan” (Friedman v State of New

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.

Jamil Saifi v. City of Texas City

Texas Court of Appeals, 14th District (Houston) · Apr 21, 2015

However, Rule 26.1 clearly states that the appellate timetable is calculated from the date the judgment is signed. Id. … On appeal, Saifi contends that he does not rely on section 180.006 to waive the City’s immunity as to his contract claims, and he asserts that back pay for lost wages “is clearly a monetary benefit [he] was entitled to absent

Sell v. THOMPSON & COSTES, LTD.

163 Wis. 2d 765 · Court of Appeals of Wisconsin · Jun 12, 1991

Moreover, we conclude that the county is immune from liability because a sheriff has absolute immunity when executing judicial orders. In Ford v. … Converse, 111 Wis. 2d 418, 429 , 331 N.W.2d 350, 356 (1983) (holding that such a qualified immunity applies when an attorney pursues, in good faith, his or her client's interests on a matter fairly debatable in the law).

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.

Knox v. SEPTA

81 A.3d 1016 · Commonwealth Court of Pennsylvania · Nov 12, 2013

stop in order to pick up and drop off fare-paying passengers is a legal fiction and qualifies as “absurd” under statutory construction. … As explained by the Supreme Court in Goldman : FELA establishes a compensation structure for railroad workplace injuries which preempts state tort remedies and workers’ compensation statutes. Norfolk Southern Railway v.

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).