Case law

State of California v. Superior Court

87 Cal. App. 4th 1409 · California Court of Appeal · Mar 27, 2001

City of Fairfield, supra, 44 Cal.App.3d at page 714 , demonstrates that acts or omissions related to firefighting are immune even if no “equipment” or “facilities” are involved, and holds that the statutes “establish immunity … The referenced provisions of the Vehicle Code establish a qualified immunity for injuries resulting from the operation of emergency vehicles (fire and police) and are not applicable to this case.

Smith v. Commonwealth, Department of Transportation

700 A.2d 587 · Commonwealth Court of Pennsylvania · Sep 11, 1997

On April 18,1996, DOT filed a motion for summary judgment, alleging that it is immune from suit pursuant to section 8522(a) of what is commonly referred to as the Sovereign Immunity Act (Act), 2 and that it is not within … establishes its entitlement to judgment as a matter of law.

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.

Schmit v. Tjitandi

2016 La.App. 1 Cir. 1431 · Louisiana Court of Appeal · Jun 2, 2017

Schmit entitled to tort immunity under the LWCA. … In the case at bar, the uncontested evidence admitted for purposes of the motions for summary judgment establishes that Mr. Tjitandi was first hired by Qualified in April or May of 2013.

Dept. of Human Services v. F. T. R.

306 Or. App. 697 · Court of Appeals of Oregon · Sep 30, 2020

of use immunity. … On this record, mother has not established that the ordered psychological evaluation was so clearly incriminating in violation of her Fifth Amendment rights that it was impermissible in the absence of a blanket grant of use

Powers v. Groodt

43 A.D.3d 509 · Appellate Division of the Supreme Court of the State of New York · Aug 2, 2007

of immunity to TVFC. … We conclude, as did Supreme Court, that none of these allegations sufficiently establishes petitioner’s standing.

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

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.

Saldivar v. Momah

145 Wash. App. 365 · Court of Appeals of Washington · Jun 24, 2008

Klingbeil is not qualified to opine on psychiatric conditions.” … Nor does the defense counsel’s use of the word “jury” establish “actual notice” of a jury demand.

Bridges v. Robinson

20 S.W.3d 104 · Texas Court of Appeals, 14th District (Houston) · Jun 15, 2000

Official Immunity Appellants’ motions for summary judgment were based on the affirmative defense of official immunity. … As noted, neither one of the Dillard’s deputies supplied expert testimony on good faith nor did they otherwise marshal sufficient summary judgment proof clearly required by the risk/need balancing test established under Chambers

Cook v. City of Shreveport

134 So. 2d 582 · Louisiana Court of Appeal · Oct 26, 1961

There is an exception to the above general rule of sovereign immunity which has been equally well established by our jurisprudence to the effect that a municipality may be held in damages for personal injuries resulting from … Therefore, if the injuries in the present case had occurred on a street or sidewalk, the exception filed by the defendant based on governmental immunity would clearly have no merit.

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.”

Tatum v. Gigliotti

80 Md. App. 559 · Court of Special Appeals of Maryland · Nov 3, 1989

Slye was qualified as a physician with a specialization in allergies. Dr. Slye pointed out in his testimony that the treatment of asthma was part of his specialization in allergy and immunology. … It is established as a general principle that only a party aggrieved by a court’s judgment may take an appeal and that one may not appeal or cross-appeal from a judgment wholly in his favor. Adm’r, Motor Veh. Adm. v.

Frasher v. State

3 Tex. Ct. App. 263 · Court of Appeals of Texas · Jul 1, 1877

It clearly recognizes the distinction between citizenship of the United States and citizenship of a state. A person must reside within a state to make him a citizen of it. … The power as conferred in the first part of the section is without limitation, but in the latter part of the section is expressly restricted and qualified by the plain declaration that the rights conferred shall be enjoyed

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.”

Chad Wayne Jester v. State

62 S.W.3d 851 · Texas Court of Appeals, 6th District (Texarkana) · Nov 28, 2001

Moreover, even if the immunity applies to the offense about which a person testifies, the grant of immunity does not always mean that the recipient of the immunity is guilty of the crime. … Corroboration need not directly link the accused to the crime or be sufficient in itself to establish guilt.

University of Texas at El Paso v. Gabriel Soriano

Texas Court of Appeals, 8th District (El Paso) · Jan 29, 2025

UTEP filed a plea to the jurisdiction asserting it was entitled to sovereign immunity because Soriano failed to establish a prima facie case as to each of his claims. Soriano responded, attaching his own affidavit. … Because our ultimate focus remains on whether Soriano can show that he would not have been terminated but for his reports to human resources and to Olmedo, we conclude Soriano has failed to establish a waiver of immunity

Marc Williams, in His Official Capacity as Executive Director of the Texas Department of Transportation; And Kyle Madsen, in His Official Capacity as the Director of the Right of Way Division of the Texas Department of Transportation v. MMP Properties LLC

Texas Court of Appeals, 15th District · Jul 10, 2025

determine title to land is barred by sovereign immunity, but a suit against governmental officials is not barred if the plaintiff establishes the officials’ possession is wrongful. … The plat here does not show clearly demarcated streets and does not contain unequivocable language dedicating Lot 7 to the public.

CYNTHIA J. MUNRO v. GEORGIA DEPARTMENT OF TRANSPORTATION

Court of Appeals of Georgia · Jun 27, 2023

The party seeking to benefit from the waiver of sovereign immunity has the burden of proof to establish waiver. . . . Diamond v. Ga. Dept. of Transp., 326 Ga. … But it goes on to establish an exception to the exception, in other words to waive sovereign immunity, where the inspection is of state property. Id.

In re Internet Lending Cases

California Court of Appeal · Aug 17, 2020

“Put simply, a state may claim immunity from suit in federal court and must be dismissed from the litigation unless there exists one of two well-established exceptions. … According to Rosas, by agreeing to assume CLK’s liabilities, AMG “ ‘clearly contemplated suits’ and thereby waived any immunity it otherwise would have had.”