Case law

Darrell Klein v. WI Dept of Revenue

394 Wis. 2d 66 · Court of Appeals of Wisconsin · Aug 11, 2020

The summary judgment methodology is well established. See Tews v. NHI, LLC, 2010 WI 137, ¶4, 330 Wis. 2d 389, 793 N.W.2d 860. … . § 1983 (2018), did not abrogate the state’s sovereign immunity. That statute was not intended to “disregard the well-established immunity of a State from being sued without its consent.” Will v.

Curadev Pharma PVT. LTD. and Curadev Pharma Limited v. the University of Texas Southwestern Medical Center, Dr. Xiaochen Bai, and Dr. Xuewu Zhang

Texas Court of Appeals, 15th District · Feb 24, 2025

Curadev has not established that the Legislature clearly and unambiguously waived sovereign immunity for claims of trade secret misappropriation. ....................................... … Curadev has not established that the Legislature clearly and unambiguously waived sovereign immunity for claims of trade secret misappropriation.

Humana Insurance Company v. Dolores Mueller

Texas Court of Appeals, 4th District (San Antonio) · Apr 29, 2015

Section 2259.002 of the Government Code expressly provides that the “establishment and maintenance of a self- insurance program by a governmental unit is not a waiver of immunity.” TEX. GOV’T CODE ANN. … As previously noted, Chapter 271 waives sovereign immunity from suit for certain breach of contract claims against qualifying local governmental entities. See TEX. LOC.

Aspire Power Ventures, LP v. Public Utility Commission of Texas, Electric Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, and Courtney Hjaltman

Texas Court of Appeals, 15th District · Mar 26, 2026

This appeal is part of Aspire’s efforts to establish so. … Nueces Cnty., 579 S.W.3d 354, 360 (Tex. 2019) (governmental immunity clearly waived when statutory provisions waive immunity without doubt). 29 See PUC Brief on the Merits, PUC v.

Wechsler v. Wayne County Road Commission

215 Mich. App. 579 · Michigan Court of Appeals · Apr 26, 1996

immunity below. … The defendant clearly could have done much more to focus attention on the issue of threshold liability.

Kimps v. Hill

187 Wis. 2d 508 · Court of Appeals of Wisconsin · Sep 15, 1994

App. 1985), some types of exercises of judgment or discretion are professional, not governmental, and are exceptions to the rule of qualified immunity. But in Stann v. … Kursevski's job description required him to establish and administer the risk management program.

Wooley v. Bd. of Chosen Freeholders

218 N.J. Super. 56 · New Jersey Superior Court Appellate Division · Jun 4, 1987

The county moved for summary judgment on the ground of the immunity granted under N.J.S.A. 59:4-6. … In ruling in favor of the county, the motion judge concluded that the design or plan immunity was applicable and further that plaintiffs had failed to establish that defendant's conduct with reference to the maintenance of

Nguyen v. Lam

2017 IL App (1st) 161272 · Appellate Court of Illinois · Feb 5, 2018

Lam admitted that he never inspected the catch basin or lid after 1992 and a videotape and photographs clearly showed the rusted condition of the catch basin lid and the deteriorated concrete around the … The defendant municipality asserted it was immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/3-102(a) (West 2010)) because it did

Melbourne Corp. v. City of Chicago

76 Ill. App. 3d 595 · Appellate Court of Illinois · Sep 4, 1979

Accordingly, to constitute a so-called “constitutional tort,” defendant’s actions must constitute a knowing or malicious violation of Melbourne’s clearly established constitutional rights. … That Melbourne’s constitutional rights were being violated was not “clearly” established until the decision of our supreme court and then only by a four-to-three margin.

City of South Bend v. Dollahan

918 N.E.2d 343 · Indiana Court of Appeals · Dec 15, 2009

The trial court's findings will be set aside only if they are clearly erroneous, ie. when the record contains no facts or inferences supporting them. Id. … Under Indiana's common law, Dollahan was required to establish three elements to recover on a theory of negli-genee: (1) a duty on the part of City to conform its conduct to a standard of care arising from its relationship

Ridley v. City of Detroit

231 Mich. App. 381 · Michigan Court of Appeals · Aug 25, 1998

“It is a well-established principle of statutory construction that the Legislature is presumed to act with knowledge of this Court’s statutory interpretations.” … A trial court’s findings of fact may not be set aside unless clearly erroneous. MCR 2.613(C); Andrews v Pentwater Twp, 222 Mich App 491, 493 ; 563 NW2d 713 (1997).

Closson v. State

784 P.2d 661 · Court of Appeals of Alaska · Dec 22, 1989

In keeping with general principles governing appellate review of contract claims, a trial court’s findings on the terms and scope of an immunity agreement and on the issue of breach must be upheld unless clearly erroneous … Accordingly, the court was not clearly erroneous in finding that Closson’s breach of the immunity agreement was not excused.

John Crouch v. State of Indiana, Britni Saunders

Indiana Court of Appeals · Apr 30, 2020

We cannot say that this statute clearly evinces or unequivocally expresses the legislature’s intention to waive the State’s sovereign immunity under these circumstances. … evince” or “unequivocally express” its intention to waive State immunity for whistleblower claims). 4 [22] Even assuming the legislature expressed such an intent or that the State or Saunders qualifies

Kelley v. State

133 A.D.3d 1337 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 2015

Defendant moved for summary judgment dismissing the claim based on its affirmative defense of qualified immunity. … The Court of Claims granted the motion in part, determining that defendant was entitled to qualified immunity insofar as claimants alleged that defendant was negligent in its decision-making process.

Evans v. Southeastern Pennsylvania Transportation Authority

149 Pa. Commw. 376 · Commonwealth Court of Pennsylvania · Jul 22, 1992

8522(b) sovereign immunity exception. … In the present case, the undisputed facts clearly reveal that Andrea Denise Evans’ injuries stemmed from the attack perpetrated by three female SEPTA passengers.

Rajterowski v. City of Sycamore

405 Ill. App. 3d 1086 · Appellate Court of Illinois · Nov 1, 2010

When a law establishes a citizenship or residency classification, a court applies a two-part test in assessing whether the law violates the privileges and immunities clause. … The foregoing allegations are clearly conclusory.

The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, and Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11

Texas Court of Appeals, 15th District · Apr 14, 2025

unless it has The court of appeals concluded that the rule announced in clearly and unambiguously stated otherwise. … against the [Providers] do not qualify as damages or monetary Humble Oil, 169 S.W.2d at 710.

Young v. Durrani

2016 Ohio 5526 · Ohio Court of Appeals · Aug 26, 2016

Chapter 2744 establishes immunity and defenses for political subdivisions and their employees. … Prior to April 2003, plaintiffs had a qualified ability to access information in a peer-review file under former R.C. 2305.251. Bailey v.

Layfer v. Tucker

71 Ill. App. 3d 333 · Appellate Court of Illinois · May 3, 1979

At the time of the filing of the instant lawsuit the treasurer of Lake County had accumulated *792,653.75, deposited in qualified banking depositories. … Thus, this fund was not established in the original instance as a fund for the class represented by counsel for the plaintiffs.

Peprah v. American Suzuki Motor Corp.

257 N.J. Super. 132 · New Jersey Superior Court Appellate Division · Apr 10, 1992

N.J.S.A. 17:30E-7, in relevant part, provides: Pursuant to the plan of operation, the association shall have the power and duty to: * * * * * * * * (e) Arrange for the issuance of automobile insurance to any qualified applicant … Torts *138 such as conversion, spoilation of evidence, assault, battery and the like are clearly outside the intended scope of duties of a servicing carrier for the Association.