Case law

Schriver v. Texas Department of Transportation

293 S.W.3d 846 · Court of Appeals of Texas · Jul 30, 2009

under article I, section 17. 19 Accordingly, to establish a waiver of immunity for a breach of contract claim predicated on an underlying eminent domain action, a party must establish the existence of an agreement by which … The dissent in Singer concluded that because the contract at issue was not a settlement agreement, “Lawson clearly has no application to the facts of [the] case.” Singer, 232 S.W.3d at 801 (Cayce, C.J., dissenting). .

People of Michigan v. Vernon Bernhardt Tackman Jr

Michigan Court of Appeals · May 2, 2017

Because neither defendant qualified for the MMMA’s § 4 immunity, the trial court abused its discretion in dismissing defendants’ cases on this basis. … Because Horner did not qualify for immunity, no agent of his may claim immunity derived from Horner. The parties raise additional arguments that were never addressed by the trial court.

Alvie Campbell and Julie Campbell v. Mortgage Electronic Registration Systems, Inc., as Nominee for Lender and Lender's Successors and Assigns Wells Fargo Bank, N.A. Stephen C. Porter David Seybold Ryan Bourgeois Matthew Cunningham, and John Doe 1-100

Texas Court of Appeals, 3rd District (Austin) · May 18, 2012

The role of MERS was clearly established in the deed of trust: Borrower understands and agrees that MERS holds any legal title to the interests granted by Borrower in this Security Interest, but, if necessary to comply with … This qualified immunity generally applies even if conduct is improper in the context of the underlying lawsuit. Renfroe v. Jones & Assocs. , 947 S.W.2d 285, 288 (Tex. App.

Texas Parks and Wildlife Department v. Nancy Gallacher

Texas Court of Appeals, 3rd District (Austin) · Mar 4, 2015

To establish a prima facie case of failure to accommodate her disability, Gallacher had to show that (1) she is a qualified individual with a disability, (2) the disability and its consequential limitations were known … Because Gallacher did not show that she was a “qualified individual with a disability,” she did not establish a prima facie case for her disability-based claims under the TCHRA, and there is no waiver of sovereign immunity

City of Lewiston v. Lindsey

123 Idaho 851 · Idaho Court of Appeals · Mar 3, 1993

“The planning/operational test provides immunity for planning activities—activities which involve the establishment of plans, specifications and schedules where there is room for policy judgment and decisions. … This section clearly places a prospective time limit, from the date of the summons, on the compensatory relief available in ordinary condemnation proceedings where the government acts to condemn property in the exercise of

Harris County Fresh Water Supply District No. 61 v. Magellan Pipeline Company, L. P. and V-Tex Logistics LLC

Texas Court of Appeals, 1st District (Houston) · Apr 19, 2022

The District further contends that (1) the Legislature has not clearly and unambiguously waived the District’s immunity from condemnation suits, and (2) the District did not waive its immunity from suit by entering into … See Denbury Green Pipeline–Texas, 510 S.W.3d at 917 (discussing proof necessary to establish common-carrier status and stating: “[E]vidence establishing a reasonable probability that the pipeline will, at some point after

Martin v. Michigan

129 Mich. App. 100 · Michigan Court of Appeals · Sep 26, 1983

the trial court must accept as true all of the plaintiff’s factual allega *105 tions as well as any conclusions which can reasonably be drawn therefrom and determine whether the plaintiffs claim, on the pleadings, is so clearly … Thus, the existence of a nuisance per se is established by proof of the act which created it and becomes a nuisance as a matter of law. The defendant’s liability is established at that point.

Harrison v. Escambia County School Bd.

419 So. 2d 640 · District Court of Appeal of Florida · Jun 23, 1982

Finally, although the public body's decision to take certain action may have been made at the planning level, and therefore immune, Johnson clearly states that the attachment of immunity to the original decision does not … be placed on notice, either actually or constructively, of a change in conditions is analogous to the rule that long antedated the enactment of the qualified waiver of sovereign immunity in Florida as to municipalities that

Dept. of Rev. v. City of Gainesville

859 So. 2d 595 · District Court of Appeal of Florida · Nov 26, 2003

The constitutional language clearly requires the use be for a public or municipal purpose before it qualifies for the exemption. … At least in tax exemption cases, however, it has been clearly established that the "governmental-governmental" public purpose standard governs. Id. at 250-51 (footnotes omitted).

First-Citizens Bank & Trust Company v. Greater Austin Area Telecommunications Network

Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2010

Supporters of the bill asserted that, because of the threat of sovereign immunity, many highly qualified contractors considered bidding on local government contracts too risky, leading many contractors, especially small businesses … Such language establishes an assignment here.

Richie, Richie & Oberle, L.L.P. v. Louisiana Insurance Guaranty Ass'n

928 So. 2d 15 · Louisiana Court of Appeal · Dec 22, 2005

LIGA correctly counters that the blanket immunity found in LSA-R.S. 22:1391 is broader than that granted to the State and state agencies pursuant to LSA-R.S. 9:2798.1, which only provides qualified immunity for discretionary … These contractual relationships clearly do not encompass the selection of attorneys to represent LIGA. This argument is without merit.

Roth v. Borough of Verona

74 Pa. Commw. 352 · Commonwealth Court of Pennsylvania · May 17, 1983

Although the trial court’s order clearly dismissed the Local' Agency Law appeal, there is no discussion of that issue in the trial court’s opinion. … S. §101 is as follows: , , Any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties

Leach v. TEXAS TECH UNIVERSITY

335 S.W.3d 386 · Texas Court of Appeals, 7th District (Amarillo) · Jan 20, 2011

Univ., supra (wherein the court clearly held that executing a contract waives immunity from liability). … (Vernon 2004) are not barred by sovereign immunity. Id. § 554.0035. Nonetheless, to enjoy that freedom to sue, the complainant must plead facts establishing jurisdiction.

Sommer v. STATE, DEPT. OF TRANSP. DEVELOPMENT

758 So. 2d 923 · Louisiana Court of Appeal · May 16, 2000

their actions were objectively reasonable, did not violate plaintiff's rights, and were thus protected by qualified and good faith immunity. … That portion of the Will opinion, when read in context as we are required to do, clearly and unequivocally applies only to cases brought in federal court, where 11th Amendment sovereign immunity is an issue.

Alexander v. Newton County

124 So. 3d 688 · Court of Appeals of Mississippi · Apr 23, 2013

Athough the County qualified for immunity from Aexander’s suit under the provisions of the MTCA, it was the County’s duty to pursue this defense. … The County argues the delay was excusable because it had to participate in litigation to establish a factual basis for immunity under the MTCA.

Stinson v. City of Lincoln

9 Neb. Ct. App. 642 · Nebraska Court of Appeals · Sep 19, 2000

The trial court’s findings are not clearly incorrect, and the City was not immune from suit under § 13-910(10). … Whether a tractor with an attached snowblower qualifies as a motor vehicle is a question we need not answer, in light of our holding herein. Proximate Cause.

Bush v. Cleveland Mun. School Dist.

2013 Ohio 5420 · Ohio Court of Appeals · Dec 12, 2013

R.C. 2744.01(F) provides that a public school district qualifies as a political subdivision for purposes of R.C. … Reciting language from R.C. 2744.02(B)(4) to establish an exception to CMSD’s governmental immunity, without additional facts to support the allegation, is not sufficient to withstand a motion to dismiss.  {¶14}

Gerth v. Wilson

774 So. 2d 5 · District Court of Appeal of Florida · Oct 11, 2000

The court reversed a summary judgment granting immunity and clearly stated that the "intentional tort exception includes an objective standard to measure whether the employer engaged in conduct which was substantially certain … This decision appears to be in conformance with the legislative intent embodied in the adoption of section 440.11(1), which establishes an objective standard for judging workers' compensation immunity.

Board of Com'rs of Delaware County v. Briggs

167 Ind. App. 96 · Indiana Court of Appeals · Dec 3, 1975

We believe that this is a reference to the generally established requirements for personal governmental immunity protection. … The issue was clearly before the jury, and the instruction was properly given.

Mahler v. Judicial Council of Cal.

California Court of Appeal · Jul 28, 2021

It “clearly [was] not an ad hoc decision,” as the court was not acting on “an individual application,” but “was creating a binding rule for all attorneys serving” as temporary judges, commissioners, and referees. … immunity from such relief.