Case law

in Re Kenneth Higby, M.D.

414 S.W.3d 771 · Texas Court of Appeals, 1st District (Houston) · Aug 13, 2013

An affiant’s position or job responsibilities can qualify him to have personal knowledge of facts and establish how he learned of the facts. Stone v. Midland Multifamily Equity REIT, 334 S.W.3d 371, 375 (Tex. App. … For expert testimony to be admissible, the proponent of the testimony must establish that the expert is qualified and that his testimony is relevant and based upon a reliable foundation.

Olympic Waste Services v. City of Grand Saline

204 S.W.3d 496 · Texas Court of Appeals, 12th District (Tyler) · Sep 29, 2006

themselves, waive immunity from suit. … In its brief, Olympic mentioned the existence of alleged fact questions precluding the City’s summary judgment, stating that “[tjermination of Appellant’s contract in closed Executive Session would clearly violate the Act

Jones v. Maryland-National Capital Park & Planning Commission

82 Md. App. 314 · Court of Special Appeals of Maryland · Mar 30, 1990

As a “public official,” a police officer is protected by a qualified immunity against civil liability for non-malicious acts performed within the scope of his authority. … This immunity is in no way circumscribed by describing clearly discretionary duties as if they were mandatory in nature.

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.

Mitter v. St. John the Baptist Parish

920 So. 2d 263 · Louisiana Court of Appeal · Dec 27, 2005

It is well established, however, that where it is attempted to establish an exception to a general rule, strict construction is required and the exception is not to be recognized unless it is clearly established. … In my opinion, the exception in question here is not clearly established and, thus, this *270 Court should not recognize that exception.

Dallas/Fort Worth International Airport Board v. Sharon Funderburk

Texas Court of Appeals, 2nd District (Fort Worth) · Jan 26, 2006

Thus, the law is settled that the TCHRA clearly and unambiguously waives governmental immunity for the governmental entities that are statutorily defined as employers. … The DFW Board appears to argue that the TCHRA must clearly and unambiguously waive governmental immunity specifically as to it. We cannot agree with this contention.

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida · Dec 11, 2024

Because the government is immune to suit, it “cannot be sued, except with its own consent. … the ALJ clearly cannot possess.

in Re Deng Minors

Michigan Court of Appeals · Mar 22, 2016

Because the trial court has the authority to make medical decisions for children under its jurisdiction over respondent’s objections to immunization and the court did not clearly err by determining that vaccination was appropriate … As empowered by the Legislature, the Michigan Department of Health and Human Services5 (DHHS) has the authority to establish procedures for the control of diseases and infections, including the ability to establish immunization

Gillan v. Jones

157 So. 2d 598 · Louisiana Court of Appeal · Jan 20, 1964

The above emphatic rejection of participation in a survey of the property clearly supports the contentions of the Gillan family. … We are impressed by the declaration of counsel for defendants-appellants with reference to one of their asserted specifications of error: "* * * the evidence in this record clearly establishes that the Island Chute has never

City of Carmel v. Martin Marietta Materials, Inc.

849 N.E.2d 1197 · Indiana Court of Appeals · Jul 5, 2006

Economic injury would clearly accompany such a forced cessation of operations. … This would clearly be an absurd result because governance of these areas is not limited to local zoning bodies.

Brian Zezula v. Nina Brown

Michigan Court of Appeals · Mar 11, 2025

The established “statutory exceptions to the governmental immunity provided to the state and its agencies are the highway exception, MCL 691.1402; the motor-vehicle exception, MCL 691.1405; the public-building exception, … In other words, a governmental agency continues to enjoy immunity from tort liability unless MCL 460.732 provides otherwise or one of the established exceptions to governmental immunity applies.

Leon v. New York City Transit Authority

96 A.D.3d 554 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 2012

To establish its entitlement to qualified immunity, a governmental body must show that “a public planning body considered and passed upon the same question of risk as would go to a jury in the case at issue” (Jackson v New … This is insufficient to demonstrate the TA’s entitlement to qualified immunity.

Alexsis, Inc. v. Terry

675 So. 2d 1321 · Court of Civil Appeals of Alabama · Feb 23, 1996

He received some compensation from the escrow account established by the ASDD to compensate injured employees. Southern Risk Services, Inc. ("Southern"), administered that escrow account for the ASDD. … Clearly, the ADOT is immune from suit as an agency of the State of Alabama. 3 Had the ADOT opted to administer its Employee Injury Program with its own employees, there is no question that sovereign immunity would apply.

Wheelabrator Air Pollution Control, Inc. v. City of Public Service Board of San Antonio, a Municipal Board of the City of San Antonio

Texas Court of Appeals, 4th District (San Antonio) · Nov 26, 2014

We conclude that CPS’s immunity from suit as to attorney’s fees was not clearly and unambiguously waived under chapter 271. … The applicable version of chapter 271 contained no waiver of immunity from suit as to a claim for attorney’s fees and no other basis for such a waiver has been established.

Silano v. BOARD OF EDUC. OF BRIDGEPORT

129 Conn. App. 682 · Connecticut Appellate Court · Jun 28, 2011

Finally, the court concluded that the plaintiffs had failed to establish that Pasquale’s civil rights were violated. Accordingly, the court rendered a judgment in favor of the defendants. This appeal followed. … immunity.”

Tschechtelin v. Samuels

124 Md. App. 389 · Court of Special Appeals of Maryland · Jan 5, 1999

Sovereign Immunity The doctrine of sovereign immunity is well established in Maryland. ARA Health Services, Inc. v. Department of Public Safety and Correctional Services, 344 Md. 85, 91 , 685 A.2d 435 (1996); Katz v. … . *398 The Court of Appeals has set out the preliminary questions when the defense of sovereign immunity has been raised: (1) whether the entity asserting immunity qualifies for its protection; and, if so, (2) whether the

Hendricks v. CURATORS OF UNIV. OF MISSOURI

308 S.W.3d 740 · Missouri Court of Appeals · Apr 27, 2010

Since the Curators’ self-insurance plan contains such language, Appellant cannot establish that the self-insurance plan gives rise to a waiver of their sovereign immunity. 73 S.W.3d at 811 -12 (citing, inter alia, Russell … To the contrary, the phrase appears directly after the reference to “employees,” and is properly interpreted to apply only to them under “the long recognized ‘last antecedent rule,’ which instructs that: ‘relative and qualifying

State v. Rivers

146 P.3d 999 · Court of Appeals of Alaska · Nov 3, 2006

a person to assert his privilege against self-incrimination before testifying in order to obtain immunity from prosecution. 4 Alaska Statute 28.20.070 clearly falls within this latter category. *1002 It is uncontested that … Rptr. 636, 646 (1980) (finding that the plain language of California's Corporations Code Section 25531(e) "clearly requires the privilege be claimed if immunity is to be obtained"); People v. Dist.

Blanca Hernandez v. Texas Department of Insurance, Workers' Compensation Division, and Rod Bordelon, Jr. in His Official Capacity as Commissioner of Workers' Compensation

Texas Court of Appeals, 4th District (San Antonio) · Jul 30, 2014

Hernandez’s petition is clearly complaining of Commissioner Bordelon’s discretionary application of the law to her claim for compensation from the DWC. … It is well established that when a plea to the jurisdiction is upheld on the basis of sovereign immunity, the plaintiff is allowed the opportunity to replead if the defect can be cured.

People v. Haleas

Appellate Court of Illinois · Oct 13, 2010

Although Kastigar clearly prohibits the government from making any direct or indirect evidentiary use of immunized testimony, see Kastigar, 406 U.S. at 460, [32 L. Ed. 2d at 226,] 92 S. Ct. … This burden may be met by establishing that the witness was never exposed to North's immunized testimony, or that the allegedly tainted testimony contains no evidence not 'canned' by the prosecution before