Case law

United Indian Health etc. v. Workers' Comp. Appeals Bd.

California Court of Appeal · Jun 10, 2025

According to its bylaws, United Indian’s 1 United Indian does not contend that it qualifies as a “ ‘tribal organization’ ” under the Indian Self-Determination Act as a “legally established organization of Indians … However, the ALJ’s overall assessment remained 8 that United Indian had failed to establish its entitlement to sovereign immunity.

Hill v. Lamberth

73 S.W.3d 131 · Court of Appeals of Tennessee · Oct 2, 2001

The record in this case establishes that Principal Bell was the person charged with making decisions regarding security measures for football games under the TSSAA Bylaws. … This Court has recognized that: School administrators are the only persons aware of the particular needs of the school ... and are therefore in the unique position of being the only persons qualified to make informed decisions

MACALUSO EX REL. MACALUSO v. Knowles

341 N.J. Super. 112 · New Jersey Superior Court Appellate Division · Jun 5, 2001

"Thus, in California, once the court concludes that there is no special relationship establishing a duty of care, the issue of statutory immunity need not be reached." Ibid. … Campbell, 294 N.J.Super. 18, 25 , 682 A. 2d 272 (Law Div.1996), is clearly erroneous and should be disregarded.

TUNICA-BILOXI TRIBE OF LOUISIANA v. Blalock

9 La.App. 3 Cir. 459 · Louisiana Court of Appeal · Nov 4, 2009

It asserted that the trial court “should establish the boundary line between the lands owned by Intervenor and the land owned by the Tunica Biloxi Indians of Louisiana.” … It is well established that Indian tribes possess sovereign immunity from suit that existed at common law. Rosebud Sioux Tribe v. A & P Steel, Inc., 874 F.2d 550, 552 (8th Cir.1989). The Tribe may waive this immunity.

Falls v. Superior Court

42 Cal. App. 4th 1031 · California Court of Appeal · Feb 20, 1996

Judicial immunity “ ‘Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction .... … The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trial.” (Imbler v.

Houston v. NORTHWOOD MUN. UTILITY DIST.

73 S.W.3d 304 · Texas Court of Appeals, 1st District (Houston) · Apr 24, 2002

This action clearly constitutes an inverse condemnation of Northwood's Property for which it is entitled to compensation.... 12. … of sovereign immunity.

Jacobs v. Merrymead Farm, Inc.

799 A.2d 980 · Commonwealth Court of Pennsylvania · Jun 7, 2002

Preliminary objections in the nature of a demurrer should be sustained only where the pleadings are clearly insufficient to establish a right to relief. Any doubt must be resolved in favor of overruling the demurrer. … The affirmative defense, however, must be clearly applicable on the face of the complaint.

Gidday v. Wakefield

90 Mich. App. 752 · Michigan Court of Appeals · Jun 19, 1979

We then determine whether the claims are so clearly unenforceable as a matter of law that a right to recovery cannot be predicated upon any factual development. … The aforementioned Supreme Court decisions establish that proceedings of local legislative and quasi-legislative bodies are cloaked by an absolute privilege.

Austin Bridge & Rd., LP v. Suarez

556 S.W.3d 363 · Court of Appeals of Texas · May 3, 2018

The court further concluded that the TWCA's exclusive-remedy defense extended to HCBeck: The OCIP in this case, established and paid for by FMR pursuant to its contract with HCBeck, qualifies under the [TWCA] as "providing … All such participating employers/subcontractors are thus immune from suit.

Yeung v. MARIC

224 Ariz. 499 · Court of Appeals of Arizona · Jun 8, 2010

The court stated that arbitrators are therefore protected by an absolute immunity: “The immunity in question here is one bestowed by public policy on those people who, by office or by contract, are called upon to act as judges … It is in every real sense a judicial immunity. It attaches to every act done in the judicial capacity.... In the role of arbitrator ... goes the cloak of immunity.”

Kristine Hill and Dennis Hill, Relators v. Honorable Stanley J. Wallach

Missouri Court of Appeals · Apr 19, 2022

“[The Missouri Supreme Court] has spoken clearly of the sanctity of the attorney-client privilege,” and the need to eliminate any interference with it: . . . . … However, tangible work product is a qualified immunity that, although subject to the same policy considerations, may still be discoverable in certain, limited circumstances.

Township of Jubilee v. State

344 Ill. Dec. 746 · Appellate Court of Illinois · Oct 20, 2010

The plat clearly shows “granite” and “sandstone” at the four corners of the “public square.” … The State fails to present us with any facts that establish that the Township is actually attempting to sell the “public square.”

Landwehr v. Village of Batavia

173 Ohio App. 3d 599 · Ohio Court of Appeals · Nov 13, 2007

The village moved for a Civ.R. 12(C) judgment on the pleadings, arguing that the village was immune from suit due to sovereign immunity. … Revised Code in a bill entitled The Political Subdivision Tort Liability Act”). {¶ 19} Clearly, with the Political Subdivision Tort Liability Act, the Ohio Legislature sought to codify the sovereign immunity doctrine and

Meador v. Virginia Birth-Related Neurological Injury Compensation Program

44 Va. App. 149 · Court of Appeals of Virginia · Oct 26, 2004

As we recently explained, the Virginia Birth-Related Neurological Injury Compensation Act “provides claimants with a no-fault remedy for compensation for qualified injuries.” Cent. Va. … Newman, 42 Va.App. 557, 566 , 593 S.E.2d 533, 538 (2004) (en banc) (“Absent a clearly expressed legislative intent otherwise, statutes should not be construed to displace long-established common law principles.”). 2 Guided

Pilieci v. State

991 So. 2d 883 · District Court of Appeal of Florida · Apr 9, 2008

We are not willing to do so."). [12] Some courts have compared the analysis of this objective standard to the analysis utilized in cases under 42 U.S.C. § 1983 involving the affirmative defense of qualified immunity. … The good faith standard for purposes of qualified immunity exists to prevent monetary judgments from being entered against good police officers who make understandable mistakes.

Ellingson & Associates, Inc. v. Keefe

410 N.W.2d 857 · Court of Appeals of Minnesota · Aug 4, 1987

Respondent, however, claims he is immune from prosecution under the antitrust statute. Respondent claims the antitrust allegation is barred by the “state action” statutory immunity. … The case is remanded for further proceedings on appellant’s allegations of antitrust law violations and respondent’s claims of immunity for discretionary acts and immunity under the antitrust statute.

Northwestern Life Ass'n v. Stout

32 Ill. App. 31 · Appellate Court of Illinois · Nov 23, 1889

Thus apparently treating premiums as dues, and the term annual as qualifying both. … The statute does not make provision for all of them the condition of the immunity here claimed, but gives authority to provide for all, or for any less than all, with the immunity upon other conditions expressed, which are

City of Huntsville, Texas v. Lucio Castilleja and Laura Castilleja

Texas Court of Appeals, 15th District · Jun 23, 2025

First, the Castillejas falsely assert they do not carry the “sole burden” to establish each of their claims fit within a recognized waiver of immunity. Appellees’ Br., p. 6. … ’s immunity from suit, is on the plaintiff.”

Z.F.I v. Bethanna, W.

2020 Pa. Super. 286 · Superior Court of Pennsylvania · Dec 16, 2020

They were clearly listed in her report. She clearly offered this opinion. ... MR. DOYLE: She clearly offered this opinion. … The Defender Association then filed a supplemental post-trial motion, claiming it was entitled to JNOV “based upon a qualified sovereign immunity.”

Proctor v. Ford Motor Co.

32 Ohio App. 2d 165 · Ohio Court of Appeals · Nov 9, 1972

Lucas Cty., 1928). 4 The reach of the rule extends liability to the employer on the same limited terms of partial immunity that the Workmen’s Compensation Act establishes for the initial injury, Section 35, Article II, Ohio … aspects, was clearly designed to protect no coworkers except those who were engaged in the productive or operating process in a direct relationship.