Case law

IFA Ins. Co. v. New Jersey Dept. of Ins.

195 N.J. Super. 200 · New Jersey Superior Court Appellate Division · Jul 20, 1984

We will not substitute our judgment for the considered opinion of representatives of the Executive Branch who are qualified by training and expertise to make this judgment. … Broadway-Hale Stores, 359 U.S. 207 , 79 S.Ct. 705 , 3 L.Ed. 2d 741 (1959), and, in any event, if the Association's conduct could be characterized as an unlawful group boycott, it would be immune under the state-action immunity

San Antonio Housing Authority v. Serento Apartments, LLC

Texas Court of Appeals, 4th District (San Antonio) · May 26, 2015

In this case, Plaintiff’s pleadings, alone, clearly negated the trial court’s jurisdiction, as the facts that Plaintiff alleged about the contract in question clearly demonstrated that its essential terms were not for goods … City of Mexia stated that “‘[t]he Texas Tort Claims Act clearly waives a municipality’s governmental immunity from liability and suit for certain tort claims arising out of its governmental functions.

Farmer v. McClure

172 Ill. App. 3d 246 · Appellate Court of Illinois · Jun 28, 1988

Plaintiff was hired as a DOC apprehensions specialist on December 17, 1984, after achieving a “well qualified” score on his examination. … Injunctive relief is appropriate where a lawful right is certain and clearly ascertainable and when irreparable harm and an inadequate remedy at law are established. (Distaola v.

Georgia Department of Corrections v. Couch

322 Ga. App. 234 · Court of Appeals of Georgia · Jun 13, 2013

The party seeking to benefit from a waiver of sovereign immunity has the burden to establish waiver, and any suit brought to which an exception applies is subject to dismissal pursuant to OCGA § 9-11-12 (b) (1) for lack of … Regarding the waiver of sovereign immunity under OCGA § 9-11-68, the Department maintains that the Georgia Constitution clearly provides that the State has sovereign immunity, except to the extent that the General Assembly

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

Lanphier v. Avis

244 S.W.3d 596 · Texas Court of Appeals, 6th District (Texarkana) · Jan 10, 2008

The apparent misinterpretation of the information would not qualify as use of tangible property within the TTCA. In Hardy , however, the purpose of the monitor was not necessarily limited to generating information. … Since the nurses failed to establish that Avis could have done so, they failed to satisfy all elements of Section 101.106(f) and were not entitled to dismissal pursuant to that section.

BOYETT BY BOYETT v. Tomberlin

678 So. 2d 124 · Court of Civil Appeals of Alabama · Dec 1, 1995

An individual who, while acting as a State agent, engages in the exercise of a discretionary function may also be entitled to qualified immunity. Nance v. Matthews , 622 So.2d 297 (Ala. 1993); see also Faulkner v. … As to the state law claims, the summary judgments were proper under the doctrine of discretionary immunity.

Davis v. Consolidated Rail Corp.

2 Ohio App. 3d 475 · Ohio Court of Appeals · Sep 16, 1981

judgment, to waive the immunity given to a complying employer by the Ohio Constitution. … We hold that a complying employer does not surrender its constitutional and statutory immunity from suits arising out of employment unless and until it executes a document specifically waiving that immunity.

Kenneth Garrett v. Texas Department of Public Safety, Thomas A. Davis, Individually and in His Official Capacity, Travis County and Patricia Michele Padron, Individually and in Her Official Capacity

Texas Court of Appeals, 3rd District (Austin) · May 17, 2007

Id . art. 62.091(1). (18) We conclude that Davis has failed to establish that either type of statutory immunity can support summary judgment. (19) Davis adduced no evidence to establish that his alleged actions under chapter … This "qualified immunity" is distinct from the defense under Texas law that is often interchangeably referred to as "qualified immunity," "quasi-judicial immunity," "discretionary immunity," or "good faith immunity."

Rahmaan v. DeKalb County

300 Ga. App. 572 · Court of Appeals of Georgia · Oct 21, 2009

Lang, 274 Ga. 122, 123 (1) ( 549 SE2d 341 ) (2001) (doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity). 3 In denying … these defendants’ prior motion for summary judgment based upon sovereign *573 immunity, the trial court concluded that DeKalb County had waived such immunity to the extent of any insurance policy under the ambit of the statute

Sedgwick Claims Management Services, Inc. v. Feller

163 So. 3d 1252 · District Court of Appeal of Florida · May 15, 2015

Harter, 152 So.3d 705, 711 (Fla. 1st DCA 2014) (“It is well-established that ‘work product retains its qualified immunity after the original litigation terminates, regardless of whether or not the subsequent litigation is

Holloway v. Rogers

181 Ga. App. 11 · Court of Appeals of Georgia · Nov 20, 1986

Appellant seeks reversal of summary judgment granted on the basis of sovereign immunity. … This is clearly a discretionary act, and she has presented no evidence whatsoever to justify a determination that there is a factual dispute as to whether or not there was wilful or malicious conduct on the part of the superintendent

Gunn v. Lane County

173 Or. App. 97 · Court of Appeals of Oregon · Mar 14, 2001

See Tanner, 157 Or App at 521-23 (discussing the different levels of scrutiny applied to statutes once true classes are established). … The legislature reasonably could conclude that extending immunity to government employees is necessary to ensure that qualified persons will work for the government.

Gonzales v. Hollins

386 N.W.2d 842 · Court of Appeals of Minnesota · May 20, 1986

Clearly, the City is entitled to summary judgment. As the non-moving party, Metro Square had to establish material fact issues. See Ahlm v. Rooney, 274 Minn. 259, 262-63 , 143 N.W.2d 65, 68 (1966). … The photographs of the stop sign taken by police officer Johnston on the night of October 31, 1983, shortly after the accident, clearly establishes a stationary stop sign and a covered semaphore.

Kuehner Et Ux. v. Parsons

107 Pa. Commw. 61 · Commonwealth Court of Pennsylvania · Jun 22, 1987

Summary judgment is only proper when, after examining the record in the light most favorable to the non-moving party, there is no genuine issue of material fact and the moving party clearly establishes that it is entitled … The statute, however, clearly states that fraud and willful misconduct are excluded from the exceptions to immunity. 42 Pa. C. S. §8542(a)(2).

Wilson v. Waukesha County

157 Wis. 2d 790 · Court of Appeals of Wisconsin · Aug 29, 1990

We will reject an interpretation which ascribes different meanings to the same word as it variously appears in a statute unless the context clearly requires such an approach. General Castings Corp. v. … The trial court directed summary judgment against Wilson, reasoning that she had not established reckless or malicious behavior on the part of the county.

Craig v. Amos

2026 Ohio 129 · Ohio Court of Appeals · Jan 14, 2026

In finding that the informant enjoyed absolute immunity, as opposed to qualified, the Court held that: An affidavit, statement or other information provided to a prosecuting attorney, reporting the actual … In both cases, the Court held the immunity in question was qualified rather than absolute, such that the immunity can be abrogated by malicious intent or bad faith conduct.

Lail v. Madisonville Child Care Project, Inc.

55 Ohio App. 3d 37 · Ohio Court of Appeals · Nov 8, 1989

MCCP is immune from any civil liability which might be incurred as a result of Chambers’ report by the express provisions of R.C. 2151.421(G). … The statement made to Marco’s mother was clearly made to protect or further a common interest. Hahn v. Kotten (1975), 43 Ohio St. 2d 237 , 72 O.O. 2d 134, 331 N.E. 2d 713 .

Azizi v. Board of Regents of the University System

132 Ga. App. 384 · Court of Appeals of Georgia · Jun 24, 1974

The doctrine of sovereign immunity has continued in force in this state since 1784, and it has not been modified by statute except in certain qualified instances not relevant here. … Constitution, Resolution No. 68, passed by the General Assembly in 1973 when the writer was a member of the Senate, by which, if approved by the electorate in November, 1974, the General Assembly would be "authorized to create and establish

Midwest Bank & Trust Co. v. Village of Lakewood

113 Ill. App. 3d 962 · Appellate Court of Illinois · Apr 8, 1983

Defendants contended that immunities established by the Local Governmental and Governmental Employees Tort Immunity Act (111. Rev. … With regard to the damages portion of the complaint, defendants’ motion was based upon the statutory immunities established in the Local Governmental and Governmental Employees Tort Immunity Act (hereinafter cited as the