Case law

Irving Fireman's Relief & Retirement Fund v. Sears

803 S.W.2d 747 · Texas Court of Appeals, 5th District (Dallas) · Dec 21, 1990

It argues that by electing not to adopt the provisions of Chapter 76, it has immunized itself from attempts to force it to make payments to nonmembers. … In effect, it seeks a position where it can refuse to honor a QDRO created by the statute and where it is also immune from direct suit. We reject the contention.

State v. Wilbur

471 N.E.2d 14 · Indiana Court of Appeals · Nov 26, 1984

, Wilbur alleged that her husband's death was caused by the State's negligence in the: (1) design of the road; (2) failure to install guardrails or median barriers; (8) failure to post warning signs, and; (4) failure to establish … Clearly the trial court had the power to enter such an order. The only remaining question, therefore, is what impact the trial court's order had on the issue of statutory immunity.

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.

Steward v. Borough of Magnolia

134 N.J. Super. 312 · New Jersey Superior Court Appellate Division · May 28, 1975

[At 241] Thus, despite the substantial erosion of interspousal immunity, there are clearly some areas in which the doctrine is still viable. Paraphrasing what was said in Pearce v. N. J. Highway Authority, 122 N. J. … It clearly does not encompass any immunity available to the employee for a reason other than his public employment, such as an interfamilial relationship.

Oregonians for Sound Economic Policy, Inc. v. State Accident Insurance Fund Corp.

218 Or. App. 31 · Court of Appeals of Oregon · Feb 13, 2008

it was clearly based on past conduct. … But it clearly reflects the punitive, rather than the remedial, nature of the fine that the court imposed.

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.

Sandra L. McGarry v. the Houston Firefighters Relief and Retirement Fund, Brett Robert Besselman in His Capacity of Chair of the Board of Trustees Od the Houston Firefighters Relief and Retirement Fund, and the Board of Trustees of the Houston Firefighters Relief and Retirement Fund

Texas Court of Appeals, 1st District (Houston) · Mar 9, 2023

Because the Fund has governmental immunity, suit against it is barred and it is free from liability unless the Legislature has clearly and unambiguously waived 8 the Fund’ … s immunity.

Doxiadis v. Triborough Bridge & Tunnel Auth.

2024 NY Slip Op 05631 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 2024

They did not establish that they complied with the Manual of Uniform Traffic Control Devices by using engineering judgment in the placement of the tubular markers. … Defendants failed to establish that they were entitled to qualified immunity in that they failed to demonstrate that a "'study, inquiry or investigation' into that question was conducted and reached the determination now

Mizell v. State

70 S.W.3d 156 · Texas Court of Appeals, 4th District (San Antonio) · Nov 14, 2001

Grady said she heard the slap and saw the incident “very clearly.” … We therefore hold Mizell failed to establish counsel was ineffective and overrule his fifth point of error.

Finn v. City of Philadelphia

165 Pa. Commw. 255 · Commonwealth Court of Pennsylvania · Oct 12, 1994

Snyder clearly stated that the critical word in the real estate exception language is “of’ in the phrase “[a] dangerous condition of Commonwealth agency real estate.” … Instead, Finn’s complaint clearly establishes that the accumu *265 lation of grease on the sidewalk was deposited by cars and trucks which were previously parked there.

Ross v. Southeastern Pennsylvania Transportation Authority

714 A.2d 1131 · Commonwealth Court of Pennsylvania · Jul 10, 1998

Clearly, under Simpkins , we are unable to conclude that Ross’ cause of action falls within the personal property exception to immunity. Accordingly, we affirm the trial court’s grant of the nonsuit. … Because the General Assembly intended to exempt the Commonwealth from immunity only in specific, clearly defined situations, the exceptions to the Act must be strictly construed as to uphold legislative intent and to insulate

Michael D. v. Deer Valley Unified School District No. 97

186 Ariz. 161 · Court of Appeals of Arizona · Jul 9, 1996

Accordingly, we examine the application of this statute to the Schabels’ claims and the district’s acts with a view to finding immunity only if it clearly applies. *165 We first examine the effect of the holding in Goss on … The Schabels have made no arguments either below or on appeal concerning immunity for negligent supervision. Issues not clearly raised and argued in a party’s appellate brief are waived. Carrillo v.

Dalrymple v. Westerville

201 N.E.3d 382 · Ohio Court of Appeals · Nov 17, 2022

In its decision, the court held that appellees were entitled to political subdivision immunity under R.C. 2744.02 and 2744.03, and that appellant failed to establish a genuine issue of material fact as to her claims for fraud … Bitar told her "they had made a mistake that I didn't qualify, my use didn't qualify for the money, so it changed * * * you know."

Tiedemann v. Superior Court

83 Cal. App. 3d 918 · California Court of Appeal · Aug 17, 1978

We examine that claim in light of existing authority interpreting the scope of absolute privilege provided under the statute. (3) It is now well established in California case law that the privilege conferred under subdivision … qualify as a quasi-judicial agency regularly engaged in an "official proceeding authorized by law"; nor does Nair seriously contend otherwise.

Timothy Hays v. Chief Campos

Texas Court of Appeals, 13th District · Jul 27, 2015

With regard to Appellant’s Brief on the issue of qualified immunity, Appellee informs this Honorable Court of Appeals that Appellee did not seek dismissal of Appellant’s claims in the trial court on the grounds of qualified … Nor did the trial court make a ruling on Appellee’s entitlement to qualified immunity. C.R. at 60.

York v. State

298 S.W.3d 735 · Court of Appeals of Texas · Sep 24, 2009

of Governmental Officials Wise County also alleged that it is entitled to derivative immunity through the qualified or official immunity of Trooper Godwin and Sergeant Martinez, and the qualified, official, or judicial immunity … Qualified immunity, likewise, is an analogous affirmative defense to federal section 1983 claims against public officials, a claim York has not made here. 42 U.S.C.A. § 1983 (West 2004); Leo v.

Robbins v. City of Medford

284 Or. App. 592 · Court of Appeals of Oregon · Mar 29, 2017

Because discretionary immunity is an affirmative defense on which the city would have the burden of proof at trial, summary judgment is “appropriate only if [the city] establishes all of the elements of the defense as a matter … We turn to our examination of whether, with respect to each of plaintiffs specifications of negligence and each element of the discretionary immunity defense, the city has established its entitlement to discretionary immunity

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) · May 7, 2015

In Klein, a different statutory scheme enabled a private university teaching hospital to qualify as a state agency, and therefore its employee, the defendant-doctor, qualified as an employee of a state agency for the purpose … According to Refaey, this Black’s-attributed definition is consistent with how “officer” is used in section 51.014(a)(5) and clearly excludes peace officers.

Jesus Ruben Molina v. Elias Alvarado

441 S.W.3d 578 · Texas Court of Appeals, 8th District (El Paso) · Apr 23, 2014

of establishing every element of that defense. … Id. at 383 The Texas Tort Claims Act establishes a limited waiver of both sovereign and 4 governmental immunity, allowing plaintiffs bringing suit against the state

Arterberry v. County of San Diego

182 Cal. App. 4th 1528 · California Court of Appeal · Mar 23, 2010

Arterberry alleged the County, through the San Diego Regional Energy Office, offered significant rebates to private parties that install photovoltaic systems, and the “$7.8 million system planned by Farm ACW qualifies the … Unless the Legislature has clearly provided for immunity, the important societal goal of compensating injured parties for damages caused by willful or negligent acts must prevail.’ ” (Lopez v. Southern Cal.