Case law

the City of San Antonio, Texas, Acting Through the City Public Service Board of San Antonio, Texas v. Casey Industrial, Inc.

381 S.W.3d 589 · Texas Court of Appeals, 4th District (San Antonio) · Aug 1, 2012

And, Casey does not dispute that CPS qualified “a maximum of five offerors to submit additional information.” See id. … Therefore, we conclude CPS conclusively established that CPS, Casey, and Wheelabrator executed a valid design-build contract pursuant to section 271.119.

Biloon's Electrical Service, Inc. v. City of Wilmington

401 A.2d 636 · Superior Court of Delaware · Mar 28, 1979

Additionally, “Moreover, establishment of a general method of handling snowstorms is a matter of planning. … Firefighting is clearly an important municipal function which would be unduly inhibited by excessive intervention by the courts at the tactical level.

Jefferson County, Texas v. Cherisse Jackson

557 S.W.3d 659 · Texas Court of Appeals, 9th District (Beaumont) · Jul 26, 2018

As a result, without the pleader establishing that a waiver of a governmental entity’s immunity exists for the claims the plaintiff seeks to advance in a lawsuit, trial courts lack jurisdiction to conduct proceedings to … Regardless of her theories, Jackson’s pleadings failed to allege or establish that the Legislature had waived a county’s immunity from suit for breach of contract claims.

Combs v. Borough of Ellsworth

151 Pa. Commw. 21 · Commonwealth Court of Pennsylvania · Oct 5, 1992

The School District filed the same preliminary objections in the nature of a demurrer as formerly, alleging both immunity from liability, and the failure of appellants to set forth facts establishing any exception to immunity … Appellants argue that their complaint clearly established that the School District was under a duty to provide a safe school bus stop for minor appellant, that it was negligent in breaching said duty, and that this breach

City of Dallas v. Hillis

308 S.W.3d 526 · Texas Court of Appeals, 5th District (Dallas) · Apr 29, 2010

Accordingly, the City has established that its governmental immunity was not waived as to the Hillises’ negligent-entrustment claim, and the trial court erred by failing to dismiss that claim for lack of jurisdiction. 4. … Conclusion The City established that governmental immunity defeats every claim asserted by the Hillises. Thus, the trial court lacks subject-matter jurisdiction over this lawsuit.

ASHLEY WILSON v. CHRISTINE ANDERSON

Court of Appeals of Georgia · Mar 10, 2025

Wilson argues that the trial court erred in dismissing her complaint because the Administrators were not entitled to official immunity. We agree. … As this Court has held, while “the act of establishing a policy in the first place is discretionary, the act[ ] of following established polic[y] . . .

State of Iowa v. Will Earnest Young, Jr.

Court of Appeals of Iowa · May 21, 2025

In that case, Idaho officials filed a notice of appeal from a state court summary judgment order rejecting their argument that a plaintiff’s § 1983 claims were barred by qualified immunity. … But the officials argued Idaho’s appellate rule was preempted by federal law in their case— partly because defendants in federal court may immediately appeal the denial of qualified immunity. Id. at 918.

Michael W. Martin v. The City of Waynesboro, Virginia

Court of Appeals of Virginia · Mar 17, 2026

Sovereign Immunity “It is an established principle of sovereignty, in all civilized nations, that a sovereign State cannot be sued in its own courts . . . without its consent and permission.” Gray v. Va. … As explained in this opinion, we find that the clearer guideline for determining whether the General Assembly intended a statute to waive sovereign immunity is whether the statute enacted clearly provides a cause of action

Kacin v. Ohio Bur. of Motor Vehicles

2025 Ohio 5815 · Ohio Court of Appeals · Dec 30, 2025

{¶ 3} R.C. 4503.41 established special license plates for qualified disabled veterans. … permitted by the waiver of immunity contained in [R.C.] 2743.02.”

Gadsden County Times, Inc. v. Horne

426 So. 2d 1234 · District Court of Appeal of Florida · Feb 10, 1983

[a]n essential element to Plaintiff's cause is that he establish malice. … In light of the Garland test that finding was clearly erroneous.

Twenty-Nine Palms Enterprises Corp. v. Bardos

210 Cal. App. 4th 1435 · California Court of Appeal · Oct 11, 2012

[f] (3) If a corporation, or any other combination or organization, it shall qualify by the appearance of a responsible managing officer or responsible managing employee who is qualified for the same license classification … ’s license while acting in the capacity of a qualifying individual pursuant to this section.”

State v. Belanger

170 P.3d 530 · New Mexico Court of Appeals · Oct 29, 2007

STANDARD OF REVIEW {4} As described at greater length below, the propriety of the district court's order is a legal question which turns upon the interpretation and application of constitutional provisions, court rules, and established … The award of immunity is therefore within the control of the prosecution, with a narrow exception for cases in which prosecutorial misconduct is clearly demonstrated.

Randall Klingensmith v. Long County, Georgia

Court of Appeals of Georgia · Oct 4, 2019

On the other hand, “[t]he doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity.” (Citation omitted.) … Because “[a] waiver of sovereign immunity must be established by the party seeking to benefit from that waiver,” (Citation omitted.) Liberty County v. Eller, 327 Ga.

Dunlap v. W.L. Logan Trucking Co.

161 Ohio App. 3d 51 · Ohio Court of Appeals · May 17, 2005

Thus, while the word “shall” establishes a mandatory duty, the word “should” requires ODOT to use its discretion and engineering judgment. See Jeska v. Ohio Dept. of Transp. (Sept. 16, 1999), Franklin App. … To qualify for the defense, the defendant must prove by a preponderance of the evidence that he had no reason to anticipate or foresee the sudden loss of consciousness.

Old Town Dev. Corp. v. Urban Renewal Agency of Monterey

249 Cal. App. 2d 313 · California Court of Appeal · Mar 9, 1967

If there is only one bidder, the land will be sold to him at the established minimum price. … Old Town seeks to recover for breach of contract, which is not covered by the immunities which have been noted. (See Gov. Code, § 814.)

First American Title Insurance & Trust Co. v. Franchise Tax Board

15 Cal. App. 3d 343 · California Court of Appeal · Feb 17, 1971

Los Angeles (1914) 168 Cal. 764 [ 145 P. 94 ], adds the point that the immunity of insurance companies cannot be overcome by a tax upon agents rather than directly upon the insurer. … Advice is requested as to whether taxpayer is entitled to prorate the franchise tax upon qualifying as an insurance company.

Joseph Construction Co. v. Board of Trustees of Governors State University

362 Ill. Dec. 386 · Appellate Court of Illinois · Jul 20, 2012

Ellis, 102 Ill. 2d at 394-95. ¶ 41 Ellis, Raymond and their progeny clearly hold that our state colleges and universities are “the State” for purposes of sovereign immunity and must be sued in the Court of Claims … While the plaintiff qualifies that statement with the suffix “after the enactment of P.A. 89-4,” as noted above, we find nothing in Public Act 89-4 that changes the applicability of principles of sovereign immunity

Blake Stringer, Bacc Farms, Ltd., Rockin' Lazy S, Inc. v. Red River Commodoties, Inc., and Carroll Michael Williams

Texas Court of Appeals, 7th District (Amarillo) · Dec 13, 2006

Here, Texas Tech's policies, procedures and rules clearly established that Phelan's nontenured appointment was an at-will employment pursuant to annual appointments that expired by their own terms. See Turner v. … of official immunity.

Neal v. Davis Nursing Ass'n

470 S.W.3d 281 · Court of Appeals of Arkansas · Sep 16, 2015

The sole issue on appeal is whether the trial court properly concluded that Davis was immune from suit. … Davis failed to establish that forgiving uncollectable debt is equivalent to providing free services.

Diana H. v. Arizona Department of Economic Security

Court of Appeals of Arizona · Nov 21, 2007

The legislature has similarly qualified its interest in the immunization of children attending public schools, whose parents may exempt their 13 children from immunization … Moreover, the evidence clearly established that the surgeries were necessary “with reasonable medical certainty to restore and preserve the health of these wards of the State.” Id. (emphasis added).