Case law

Curtis Pierce v. State of Tennessee

Court of Appeals of Tennessee · Jun 25, 2021

Do these considerations establish that the State is immune, or do they establish the Pierces’ right to pursue recovery under the Claims Commission Act? … more clearly illustrates.

Marchant Investment & Management Co. v. St. Anthony West Neighborhood Organization, Inc.

694 N.W.2d 92 · Court of Appeals of Minnesota · Apr 5, 2005

ISSUE Did the real-estate developer clearly and convincingly establish that the neighborhood organization tortiously defamed the developer by stating or implying a provably false assertion of fact? … The participation-in-government immunity provided under Minn.Stat. §§ 554.01-554.05 (2004) explicitly requires the non-moving party to disprove the movant’s immunity by clearly and convincingly establishing an underlying

McDowell v. City of Detroit

264 Mich. App. 337 · Michigan Court of Appeals · Jan 6, 2005

The trial court specifically delineated those claims that it found to *344 involve governmental immunity and identified only plaintiffs tort claims. Clearly, the tort claims are within our scope of review. … The assertion of revenues is not the establishment of a profit.

Williams v. Charlotte-Mecklenburg Sch. Bd. of Educ.

Court of Appeals of North Carolina · Oct 17, 2023

And we acknowledge the TCA clearly waived immunity for school-bus accidents. See N.C. Gen. Stat. § 143-300.1(a). That clarity, -8-  WILLIAMS V. … The TCA waived immunity, see Heath, 282 N.C. at 296, 192 S.E.2d at 310, but the EMA qualified the waiver, see N.C. Gen. Stat. § 166A-19.60(a).

Hoffman v. Ro-San Manor

73 A.D.2d 207 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 1980

of the attorney’s zeal and investigative efforts, does not qualify as an attorney’s work product under subdivision (c). 2 Not every manifestation of a lawyer’s labors enjoys the absolute immunity of work product. … Nor do we believe that the names and addresses of witnesses qualify as material prepared for litigation.

Los Fresnos Consolidated Independent School District v. Enrique Rivas, Jr. and Elsa Rivas, Individually and as Next Friends of Felix Rivas, Magdalena Rivas, and Valentin Rivas, Minor Children

Texas Court of Appeals, 13th District · Aug 18, 2005

Immunity-the Law "Mere reference to the Tort Claims Act does not establish the state's consent to be sued and thus is not enough to confer jurisdiction on the trial court." State Dep't of Crim. Justice v. … We conclude that the Rivases alleged facts sufficient to establish waiver of the School District's immunity. See T ex . C iv . P rac . & R em . C ode A nn . ' 101.021 (Vernon 2005). D.

Mason v. Adams

1997 Colo. J. C.A.R. 3434 · Colorado Court of Appeals · Dec 26, 1997

A motion to dismiss based on sovereign, or governmental, immunity presents an issue of subject matter jurisdiction governed by C.R.C.P. 12(b)(1), and the trial court’s resolution of the issue will not be reversed unless clearly … Buena Park Hotel Corp., 30 Ill.2d 343 , 196 N.E.2d 686 (1964)(purpose of a “notwithstanding” clause is not to qualify or restrict the scope of the preceding provision; rather, it enumerates or designates the conditions in

People v. Colvin

203 Cal. App. 4th 1029 · California Court of Appeal · Feb 23, 2012

Thus, even under a reading of section 11362.775 limiting transportation of marijuana only to cooperatives that cultivate it, then Colvin was entitled to the immunity. … primary caregiver who transports, processes, administers, delivers, or gives away marijuana for medical purposes, in amounts not exceeding those established in subdivision (a) of Section 11362.77, only to the qualified patient

People v. Superior Court (Crook)

83 Cal. App. 3d 335 · California Court of Appeal · Jul 11, 1978

to comply with the statute in offering limited immunity however puts a great burden on the People to establish the extent of the immunity so offered. … Without regarding the effectiveness of the immunity allegedly offered to the Defendant in the instant case, the offer made by the prosecutor for the advantage of the accused would clearly lend itself as the motivating cause

Griggs v. Oasis Adoption Services, Inc.

241 Ariz. 71 · Court of Appeals of Arizona · Oct 6, 2016

“There is perhaps no doctrine more firmly established than the principle that liability follows tortious wrongdoing; that where negligence is the proximate cause of injury, the rule is liability and immunity is the exception … Bd. of Pardons and Paroles, 115 Ariz. 260, 265–66 (1977) (rejecting absolute immunity for parole board members in favor of qualified immunity). 6 DCS has prescribed additional information agencies must obtain as part

In re the Risk Level Determination of C.M.

578 N.W.2d 391 · Court of Appeals of Minnesota · Jun 2, 1998

Here, the police publicly distributed a notice that clearly suggested that relator had been convicted of sexually assaulting C.B., when in fact he had not been. … Fischley, 557 N.W.2d 328, 332-33 (Minn.1997) (noting that immunities are meant to immunize the government against suit rather than merely against liability).

John J. Dierlam v. Robert L. Mungle, Lynda Enderli and Ruben J. Garcia Jr.

Texas Court of Appeals, 1st District (Houston) · Apr 2, 2026

In a letter to the Board presented at its April 9, 2024 meeting, Michael Bacon, the District’s attorney, opined that Dierlam was not qualified to serve as a Board member. … Under Texas law, governmental units are generally entitled to governmental immunity from suit and liability unless the state legislature has clearly and unambiguously waived immunity. Harris Cnty. v.

Robert McKay v. Choctaw County, Mississippi, through the Choctaw County Board of Supervisors

Court of Appeals of Mississippi · Feb 23, 2021

The MTCA provides a governmental entity with immunity from any claim . . . … evidence established that Miller acted in reckless disregard of the safety of others and that Miller’s “conduct was a contributing factor to the accident in question.”

Hospital Authority of Fulton County v. Litterilla

199 Ga. App. 345 · Court of Appeals of Georgia · Mar 8, 1991

The Authority was established and continues to operate under this *346 statutory scheme. In Hall v. Hospital Auth. of Floyd County, 93 Ga. … Accordingly, we must (1) ascertain whether Self established a new principle of law either by overruling past precedent or by deciding an issue of first impression whose result was not clearly foreshadowed; (2) balance the

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.

Sisk v. GEN. BLDRS. CORP. OF FORT LAUDERDALE

438 So. 2d 65 · District Court of Appeal of Florida · Aug 31, 1983

If adequately established, this would cause General Builders to be classified as an "owner-builder" rather than a general contractor and, thus, it would be unable to qualify for tort immunity under the statutes in question … He claimed that if this were established at trial, General Builders would not be entitled to the tort immunity conferred on contractors by sections 440.10 and 440.11, Florida Statutes (1981).

Fulk v. Roberts

164 Ill. App. 3d 194 · Appellate Court of Illinois · Nov 9, 1987

Defendants contend on appeal that qualified immunity bars an action against them as private individuals. We agree. … As the defendants acted in good faith, qualified immunity barred this action for damages against defendants as private individuals.

Firstenergy Corp. v. City of Cleveland

179 Ohio App. 3d 280 · Ohio Court of Appeals · Oct 23, 2008

may be asserted to establish nonliability: {¶ 14} “ * * * {¶ 15} “(5) The political subdivision is immune from liability if the injury, death, or loss to person or property resulted from the exercise of judgment or discretion … Accordingly, * * * the trial court erred by denying the City the protections of qualified immunity under R.C. Chapter 2744.”

City of Houston v. Ranjel

407 S.W.3d 880 · Court of Appeals of Texas · Aug 1, 2013

The undisputed jurisdictional evidence establishes as a matter of law that Houston’s governmental immunity has not been waived. … Given the undisputed jurisdictional evidence offered by the parties, we conclude that neither contention establishes a waiver of Houston’s immunity. A.

Maguire Oil Co. v. City of Houston

69 S.W.3d 350 · Texas Court of Appeals, 6th District (Texarkana) · Mar 6, 2002

A city is immune from liability for its governmental actions unless that immunity is waived. City of LaPorte v. Barfield, 898 S.W.2d 288, 291 (Tex.1995). … The City contends Rosenthal is not a common-law exception to sovereign immunity because Rosenthal did not involve sovereign immunity.