Case law

Birchwood Lakes Colony Club v. Medford Lakes

179 N.J. Super. 409 · New Jersey Superior Court Appellate Division · May 28, 1981

Plaintiff was under no obligation to establish as part of its case the absence of such immunity. The motion for judgment at the end of plaintiff's proofs was, of course, clearly premature. … We do not take the position that plan or design immunity could not have been established by the borough.

Pettit v. Namie

931 A.2d 790 · Commonwealth Court of Pennsylvania · Aug 10, 2007

The District Court granted the prosecutors’ motions for summary judgment and dismissed the suit on the grounds the prosecutors were protected by qualified immunity. … immunity.

Montaquila v. Cranford

129 Ga. App. 787 · Court of Appeals of Georgia · Oct 3, 1973

That was two days after expiration of one year from the date the defendants had qualified as executors. Under the twelve months immunity statute the suits were timely filed. … This view of retrospective operation is fortified by the fact that the twelve months immunity from suit for administrators and executors had been our established law since 1799.

Kelly v. Lewis

221 Ga. App. 506 · Court of Appeals of Georgia · May 23, 1996

Richardson, 264 Ga. 744 ( 452 SE2d 476 ) (1994), explained the basis of official or qualified immunity and that its scope covered discretionary acts (unless wilful, wanton, or outside the scope of the defendant’s authority … As in this case, the plaintiff distinguished Guthrie by arguing the school board had established policies and rules requiring the students not to leave the school premises.

Brewer v. Board of Trustees of the University of Illinois

339 Ill. App. 3d 1074 · Appellate Court of Illinois · Jun 17, 2003

Illinois has not clearly waived sovereign immunity; far from it, Illinois has clearly reinstated sovereign immunity, with the two narrow qualifications the Immunity Act specifies. … The United States Supreme Court held: “[T]he Rhode Island courts have jurisdiction adequate and appropriate under established local law to adjudicate this action.

Spence v. Liberty Township Trustees

109 Ohio App. 3d 357 · Ohio Court of Appeals · Feb 13, 1996

may be asserted to establish nonliability: U * * * “(3) The political subdivision is immune from liability if the action or failure to act by the employee involved that gave rise to the claim of liability was within the … However, the trial transcript clearly reveals that the Civ.R. 50(A) motion was based on the defense of statutory immunity provided under R.C. 2744.03(A).

Bills v. Arizona Property & Casualty Insurance Guaranty Fund

194 Ariz. 488 · Court of Appeals of Arizona · Nov 22, 1999

Tort damages do not qualify under either § 20-666(A) or § 20-667(C). … In addition, there may be circumstances in which indemnity under subsection (B) clearly is precluded but immunity under subsection (A) is far from clear, for example, if an agent of the Fund’s board embezzles or intentionally

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.

Bronsen v. Dawes County

14 Neb. Ct. App. 82 · Nebraska Court of Appeals · Oct 4, 2005

The court stated that in order to establish liability on the part of the County, Bronsen was likewise required to show that its actions would amount to a willful or malicious failure. … The doctrine of stare decisis is grounded on public policy and, as such, is entitled to great weight and must be adhered to unless the reasons therefor have ceased to exist, are clearly erroneous, or are manifestly wrong

Kalman v. Grand Union Co.

183 N.J. Super. 153 · New Jersey Superior Court Appellate Division · Feb 8, 1982

Hence it did not have a special permit as a pharmacy within a larger retail establishment; rather, defendant's whole store was licensed as a pharmacy. … Defendant, of course, urges that its concededly prohibited plan for July 4 did not so implicate public policy as to immunize plaintiff from discharge for exposing the plan.

Komlosi v. Cuomo

99 A.D.3d 458 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 2012

The jury was then instructed about Fudenberg’s affirmative defense of qualified immunity. … It concerns whether Fudenberg was protected by a qualified immunity.

Hurley v. Hurley

230 N.J. Super. 493 · New Jersey Superior Court Appellate Division · Dec 2, 1988

[Emphasis supplied] The portion emphasized was clearly added after the initial draft as it was in a different type and pitch and inserted between two paragraphs. … Plaintiff urges the court to view the property settlement agreement as a contract which contains fully bargained-for exchanges so as to immunize the issue of alimony from modification.

Pawlak v. Redox Corp.

182 Mich. App. 758 · Michigan Court of Appeals · Mar 20, 1990

Plaintiffs implied contract claim was so clearly unenforceable as a matter of law that no factual development could justify a right to recovery. Scameheorn, supra. … The amendment clearly requires (1) a deliberate act by the employer and (2) that the employer specifically intended an injury.

County of Allegheny v. Wilcox

76 Pa. Commw. 584 · Commonwealth Court of Pennsylvania · Aug 29, 1983

This statement, however, was conditioned upon the employer’s having established the absence of discrimination. … PHRA by virtue of sovereign immunity, absolute state immunity, judicial immunity or qualified state immunity.

Steinmetz v. Missouri Highway & Transportation Commission

645 S.W.2d 36 · Missouri Court of Appeals · Nov 9, 1982

While the suit was pending against all defendants, the Commission filed a motion for summary judgment on the ground that it was immune from liability under the doctrine of sovereign immunity as set forth in § 537.600 and … Under Vinson , Steinmetz clearly retained her claim against the Commission.

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.

League of Women Voters of Indiana, Inc. v. Rokita

915 N.E.2d 151 · Indiana Court of Appeals · Sep 17, 2009

The League acknowledged that, pursuant to 140 Indiana Administrative Code § 7-4-8, Indiana offers free identification to qualified voters who are able to establish their residence and identity by way of an original or certified … It creates a preference, and establishes an inequality among a class of citizens all of who are equally meritorious.

Fisher-Stevens, Inc. v. Director, Division of Taxation

121 N.J. Super. 513 · New Jersey Superior Court Appellate Division · Dec 11, 1972

Under this definition appellants’ activities would qualify as advertising services. … Citing Alward , it rejected a claim of immunity in the following language: But, so far as concerns private persons claiming immunity for their ordinary business operations (even though in connection with governmental activities

Hipps v. Lauderdale County Bd. of Educ.

631 So. 2d 1023 · Court of Civil Appeals of Alabama · Sep 24, 1993

Clearly, the Board breached no terms of a contract with Hipps; therefore, Hipps cannot assert a bad faith claim in this action. … The Board's action simply does not qualify as an ex post facto action.

Kirk v. State

124 Utah Adv. Rep. 66 · Court of Appeals of Utah · Dec 27, 1989

A plaintiff cannot establish negligence without first establishing the existence of such a duty. Id. … Governmental immunity may be waived, however, where a plaintiff establishes a “negligent act or omission of an employee committed within the scope of his employment." Utah Code Ann. § 63-30-10 (1) (1989).