Case law

Consolidated Accessories Corp. v. Franchise Tax Board

161 Cal. App. 3d 1036 · California Court of Appeal · Nov 19, 1984

” exceeding the limitations for immunity under Public Law Number 86-272. *1042 We disagree. … Consolidated has failed to affirmatively establish that it was immune from taxation under Public Law Number 86-272.

University of Incarnate Word and Christopher Carter v. Valerie Redus, Individually, and Robert M. Redus, Individually and as Administrator of the Estate of Robert Cameron Redus

Texas Court of Appeals, 4th District (San Antonio) · Aug 26, 2015

This judicial admission establishes UIW was not created or established by Texas law, but instead originated and maintains the status of a charitable, private institution run by a Catholic order of nuns. … However, this limited delegation of authority does not qualify UIW as a governmental unit.

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.

Bluhm v. Blanck & Gargaro, Inc.

62 Ohio App. 451 · Ohio Court of Appeals · Nov 10, 1939

The obligation of the city of Lakewood to respond in damages for negligence is the only subject of discussion in the Hutchinson case, supra, but all of the other questions were clearly before the court. … If the immunity which the city enjoys as announced in Hutchinson v.

TRICOLI v. WATTS Et Al.

336 Ga. App. 837 · Court of Appeals of Georgia · Mar 30, 2016

The Georgia RICO Act does not express any waiver of sovereign immunity. As noted above, OCGA § 50-21-25 (a) clearly states that the GTCA is the exclusive remedy for any torts committed by state officers and employees. … In conclusion, because Tricoli failed to establish a written enforceable employment contract that would avoid sovereign immunity, and because Tricoli’s tort claims were exclusively governed and barred by the GTCA, the trial

Tyler v. Touro Infirmary

207 So. 2d 235 · Louisiana Court of Appeal · Feb 5, 1968

qualified to perform an act which may be performed only by such a specialist. … Under the routine surgical procedure established by the hospital staff the nurses were required to take that count in the manner so established, including the taking of a count out of the doctor’s presence prior to his entrance

Priestly v. Doucette

1 Mass. L. Rptr. 415 · Massachusetts Superior Court · Dec 21, 1993

Qualified immunity applies to civil rights violations as well as invasion of privacy claims. Duarte, supra at 44 . … If the law was clearly established and the supervisor failed to prove extraordinary circumstances for justifying a lack of knowledge of the law, the immunity defense fails. Dobos v. Driscoll, 404 Mass. 634, 646 (1989).

Reisner v. Litman

95 A.D.3d 858 · Appellate Division of the Supreme Court of the State of New York · May 1, 2012

The defendants established their prima facie entitlement to judgment as a matter of law dismissing the first cause of action in the amended complaint, which was to recover damages for legal malpractice. … Contrary to the determination of the Supreme Court, under the circumstances, the County was immune from liability under the doctrine of qualified immunity (see Friedman v State of New York, 67 NY2d 271, 283 [1986]; Weiss

Hambley v. STATE, DEPT. OF NAT. RESOURCES

459 So. 2d 408 · District Court of Appeal of Florida · Nov 14, 1984

However, Shields, acting as a state official in his executive capacity to enforce *411 the law, enjoys only a qualified immunity. … Florida Power Corporation, 402 So.2d 1225 (Fla. 5th DCA 1981). [5] We are not, by this, holding that Hambley has set forth sufficient facts to establish willful and malicious conduct on the part of Shields.

City of Philadelphia v. Patton

148 Pa. Commw. 141 · Commonwealth Court of Pennsylvania · May 19, 1992

The City disingenuously argues that the enactment of the Political Subdivision Tort Claims Act, Act of November 26, 1978, P.L. 1399, formerly 53 P.S. §§ 5311.101-5311.803, establishing the statutory bar of governmental immunity … Id., 525 Pa. at 9 , 574 A.2d at 1044 . 4 An entire reading of the McHugh decision, however, clearly demonstrates that it does not support the City’s contention.

Dub v. City of Beachwood

191 Ohio App. 3d 238 · Ohio Court of Appeals · Oct 21, 2010

The Supreme Court has set forth a three-tiered analysis to determine whether a political subdivision is immune from tort liability: the first tier is to establish immunity under R.C. 2744.02(A)(1); the second tier is to analyze … The literature given to the passengers clearly states that passengers must provide an escort if they are in need of personal assistance.

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.

Karangelen v. Snyder

40 Md. App. 393 · Court of Special Appeals of Maryland · Oct 13, 1978

The only issue is whether the appellee is entitled to the protection of governmental immunity. … Accordingly, he is protected by a qualified immunity against civil liability for non-malicious acts performed within the scope of his authority. Carder v. Steiner, 225 Md. 271 , 170 A. 2d 220 (1961); Clark v.

Faigenbaum v. Oakland Medical Center

143 Mich. App. 303 · Michigan Court of Appeals · Jun 3, 1985

While Ross clearly reaffirmed the pre-Ross rule that a proprietary function is not entitled to governmental immunity, proprietary function is defined as any activity conducted primarily for pecuniary profit. … Similar orders were issued in six other immunity cases which were to be argued with Ross. Clearly, the practicing bar was on notice that the former rules Concerning governmental immunity would be changed.

Maloney v. City of Philadelphia

111 Pa. Commw. 634 · Commonwealth Court of Pennsylvania · Dec 15, 1987

In his appeal, Maloney contends the facts of the case establish a cause of action which falls within the real property exception to immunity provided for in 42 Pa. C. S. §8542(b)(3). … He then contends this makes the scaffolding a fixture and qualifies it as real property in the possession of the City.

Kenney v. Weaving

123 Conn. App. 211 · Connecticut Appellate Court · Aug 10, 2010

The principle that the state cannot be sued without its consent, or sovereign immunity, is well established under our case law. ... … The third criterion, that the state clearly is the real party in interest, also is satisfied.

Monaghan v. Holy Trinity Church

275 N.J. Super. 594 · New Jersey Superior Court Appellate Division · Sep 14, 1994

that the Legislature clearly made available to the parish. … This statutorily established public policy is consistent with the Legislature's expressed intent in N.J.S.A. 2A:53A-10 that the immunity granted by the Act is to be liberally construed so as to afford immunity to the greatest

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 · Nov 20, 2025

None of that information even qualifies as correspondence between me, as the requestor, and the governmental body, here U.T. Austin. … Furthermore, all that is required to waive immunity under Tex.

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

Gidvani v. Aldrich

99 S.W.3d 760 · Texas Court of Appeals, 1st District (Houston) · Feb 7, 2003

Official Immunity In his second issue, Gidvani claims the trial court erred by granting summary judgment on the affirmative defense of official immunity. … In light of our conclusion that summary judgment was proper based on the affirmative defense of qualified immunity, it is unnecessary for us to reach the merits of Gidvani’s remaining issues, and we decline to do so.