Case law

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.

Stege v. Department of Treasury

252 Mich. App. 183 · Michigan Court of Appeals · Sep 24, 2002

Exemptions are never presumed, the burden is on a claimant to establish clearly his right to exemption[.] ... In other words, . . . taxation is the rule, and exemption the exception .... … Id. 2 To the *193 contrary, the stipulated facts here establish quite clearly that, notwithstanding the nonresident designation on the jointly filed income tax filing, Cherrie’s Suttons Bay home is her “principal residence

Robbins v. HIP of New Jersey

264 N.J. Super. 572 · New Jersey Superior Court Appellate Division · Apr 2, 1993

Again, had the Legislature intended to immunize HMOs from negligence in connection with the provision of health care services and supplies, it could have easily and clearly stated this goal. … , it was able to clearly and unambiguously express its intent to do so.

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.

Pickell v. Brooks

846 S.W.2d 421 · Court of Appeals of Texas · Mar 10, 1993

not independently establish a cause of action for damages; and (4) no contract existed between Pickell and the Board. … We do not see how Pickell qualifies under the Act as either a police officer or firefighter, but Pickell has not advanced the Act as the basis for her procedural due-process interest. Cf. City of San Antonio v.

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.

Terrebonne Parish Sch. Bd. v. St. Mary Parish Sch. Bd.

131 So. 2d 266 · Louisiana Court of Appeal · May 22, 1961

Although respondent cites certain authorities (one from our own jurisdiction) which it contends establishes the principle that the doctrine of sovereign immunity may not be pleaded by one state agency in defense of an action … The provision in issue clearly and unambiguously expresses the legislative and electorate intent that school boards shall be considered not merely ordinary agencies of the sovereign state but something more or to use the

Shapard v. State

437 P.2d 565 · Court of Criminal Appeals of Oklahoma · Nov 20, 1967

Lackey, supra, clearly distinguishes it from the instant case: “1. … State, Okl.Cr., 429 P.2d 542 , we held that immunity could be granted only when a charge is pending against an accused and the witness to whom immunity is granted has evidence tending to establish the guilt of the accused

Gubbe v. Catholic Diocese of Rockford

122 Ill. App. 2d 71 · Appellate Court of Illinois · Apr 3, 1970

Moyle qualified the doctrine of charitable immunity by permitting recovery against non-trust funds of a charitable corporation, specifically an insurance policy. … It is interesting to note that the court ruled there that a cause of action was not stated under the Local Governmental and Governmental Employees Tort Immunity Act, and that to establish liability the teacher’s act or omission

Ames v. City of New York

177 A.D.2d 528 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1991

"Under * * * doctrine of qualified immunity, a governmental body may be held liable when its study of a traffic condition is plainly inadequate or there is no reasonable basis for its trafile plan * * * Once the [governmental … In light of this evidence, the conclusion is inescapable that the City’s qualified immunity defense was properly rejected as a matter of law.

Texas Health and Human Services Commission v. Cristal Rojas

Texas Court of Appeals, 13th District · Aug 7, 2025

Thus, a plaintiff can only survive a plea to the jurisdiction “by showing that the statute ‘clearly and affirmatively waive[s] immunity’ and by also ‘negating any provisions that create exceptions to, and thus withdraw, … The plaintiff ultimately bears the evidentiary burden to establish a waiver of immunity. Powell, 704 S.W.3d at 448.

McCann v. State

47 Mich. App. 326 · Michigan Court of Appeals · May 23, 1973

"The Michigan Court of Claims is a court of limited jurisdiction and the State of Michigan having clearly retained its defense of sovereign immunity in this particular action asserted against it by the plaintiff this Court … The issue there was whether the Legislature clearly understood the impact of the distinction between "torts” and "negligence”.

State v. Clifton

197 N.C. App. 232 · Court of Appeals of North Carolina · May 19, 2009

Instead, he requested an instruction on "witness with immunity or quasi immunity." … When the trial court noted that Butler was not granted immunity, defendant argued that Butler had testified in accordance with a plea bargain, and he believed "that would qualify."

Haytasingh v. City of San Diego

California Court of Appeal · Nov 10, 2021

For example, one of the bill’s descriptions provided that “Assembly Bill No. 555, ‘by providing a qualified immunity, would limit a public entity’s duty to keep its land safe for certain recreational users.’ (Sen. … These statutory provisions are simply not similar; section 831.7 clearly provides far broader immunity than Civil Code section 846.11 11 While the immunity in section 831.7 is limited to hazardous recreational activities

Williams v. Missouri Highway & Transportation Commission

16 S.W.3d 605 · Missouri Court of Appeals · Mar 28, 2000

On remand, the court will examine the facts and circumstances in context, in determining whether the hypothesis that the intersection is a dangerous condition qualifies for submissibility to the jury. … As already stated, we do not know whether the intersection in this case can qualify as a "dangerous condition," because we do not know all of the facts.

City of Mesquite v. PKG Contracting, Inc.

263 S.W.3d 444 · Texas Court of Appeals, 5th District (Dallas) · Oct 2, 2008

Because the legislature has clearly and unambiguously waived the City’s immunity from suit for the claims asserted against it in this case, we affirm the trial court’s order. … that are stated in the contract or established by the local government and incorporated into the contract — are enforceable except to the extent they conflict with the terms of the subchapter.

Williams v. Superior Uniform Group, Inc.

847 So. 2d 244 · Louisiana Court of Appeal · May 22, 2003

To effectuate its purpose, the Act grants an employer immunity from non-intentional torts. This immunity also applies to third persons, including executive officers. … Mehlman does not appear to be qualified to give this opinion in this case. However, even if Dr.

Kewadin Casinos Gaming v. Patterson Earnhart Real Bird & Wilson

Michigan Court of Appeals · Mar 23, 2026

If the real party in interest is indeed the Tribe, then tribal sovereign immunity applies. Id. at 163. But that is clearly not the case. … Significantly, Indian tribes have long been “recognized . . . as distinct, independent political communities qualified to exercise many of the powers and prerogatives of self- government,” Plains Commerce Bank v Long Family

Patrick v. Wertman

113 Ohio App. 3d 713 · Ohio Court of Appeals · Aug 27, 1996

The court in Bettio stated that “where a section 1983 action has been asserted against public officials who may be entitled to * * * qualified immunity, the complaint must state with factual specificity the bases upon which … the potentially immune defendant will be unable to successfully maintain the defense of immunity.”

D.B. ex rel. Recore v. County of Green Lake

368 Wis. 2d 282 · Court of Appeals of Wisconsin · Mar 2, 2016

As we set forth below, the scope and breadth of the investigation by the Police Department clearly falls within a discretionary analysis and as such the police are entitled to immunity. … s premise that the Police Department acted negligently for the purposes of an immunity defense, but the key facts are that the scope and breadth of the police investigation was clearly a discretionary act entitled to immunity