Case law

White v. City of Ladue

422 S.W.3d 439 · Missouri Court of Appeals · Dec 17, 2013

White does not establish that Heim’s testimony will differ. … White cannot establish an element of his claim, and we affirm the grant of summary judgment. Point VI is denied. C.

New River Lumber Co. v. Globe-Wernicke Co.

4 Tenn. App. 522 · Court of Appeals of Tennessee · May 21, 1927

The case made by the record shows the petitioning creditor to be a foreign corporation which has duly qualified under the laws of the State of Tennessee to conduct its mercantile business in Tennessee. … with *530 the laws of the State of Tennessee and has become domesticated in the State of Tennessee, and is conducting its business in the State of Tennessee, and maintaining its offices and place of business and mercantile establishment

Tarzia v. Town of Hingham

35 Mass. App. Ct. 506 · Massachusetts Appeals Court · Nov 22, 1993

of different methods of silt and vegetation removal, the effect of using the control gates presently in place or installing new ones, the impact of removal procedures on surrounding areas, the choice of the company most qualified … Here the pond whose overflow clearly contributed to the flooding of the plaintiffs’ land was artificially dammed at its northerly side and had control gates and sluices. 10 The town’s *512 land was not in its natural condition

State v. Godfrey

883 S.W.2d 550 · Missouri Court of Appeals · Sep 13, 1994

Where a defendant is clearly entitled to immunity, it is not necessary to wait through a trial and appeal to enforce that protection. State ex rel. Bd. of Trustees v. Russell, 843 S.W.2d 353, 355 (Mo. banc 1992). … However, plaintiffs’ claim fails to establish the third element for waiver of sovereign immunity: “that the dangerous- condition created a reasonably foreseeable risk of harm of the kind of injury which was incurred.” § 537.600.1

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.

Wright v. City of Los Angeles

113 Cal. Rptr. 2d 352 · California Court of Appeal · Nov 2, 2001

That is precisely what sections 835 and 855.4 have done, i.e., made it clear that the immunity provided in section 855.4 prevails over the liability established in section 835. … Next, the Wrights assert that immunity found in section 855.4 is not applicable to the facts of this case because the section was “clearly intended to apply in situations where a public entity acts in response to an outbreak

University of Incarnate Word and Christopher Carter v. Valerie Redus, Individually, and Robert M. Redus, Individually and as Administrator of the Estate of Robert Cameron Redus

Texas Court of Appeals, 4th District (San Antonio) · May 12, 2015

Hernandez: the legal status and authority of the employer results in a finding establishing the immunity of the employee; Rice University v. … employee qualified as an employee of a state agency.

Williams v. First United Church of Christ

40 Ohio App. 2d 187 · Ohio Court of Appeals · Apr 9, 1973

Cir.), 130 F. 2d 810 , and remarked, at page 476 of its opinion: “We cannot state our general position on this question [the rule of immunity] more clearly than did Judge Rutledge state his as follows: “ ‘The law’s emphasis … The court recognized the exceptions to the doctrine of immunity for nonhospital charitable institutions established by Gibbon v. Y. W. C. A., supra, and Blankenship v.

Meddock v. County of Yolo

California Court of Appeal · Oct 3, 2013

Thus, we have pointed out that „courts should not casually decree governmental immunity . . .‟ [citation], and that „[u]nless the Legislature has clearly provided for immunity, the important societal goal of compensating … In another case emphasized by Meddock, one court, quoting Professor Arvo Van Alstyne, the lead drafter of the Government Claims Act, stated “to qualify public property as improved so as to take it outside the immunity statute

Board of County Commissioners v. Arick

477 N.E.2d 112 · Indiana Court of Appeals · Apr 22, 1985

In addition, they testified that water could cause the problem, and other testimony established that it had been raining that day. … Immunity from liability.

Siligato v. State

268 N.J. Super. 21 · New Jersey Superior Court Appellate Division · Oct 26, 1993

The judge also denied defendants' motion for partial summary judgment dismissing the complaint against Sheeran on qualified immunity grounds and their motion for an order limiting the scope of damages. … immunity.

City of Houston v. Leslie G. Wills

Texas Court of Appeals, 14th District (Houston) · Jul 9, 2024

Garcia, 253 S.W.3d 653, 660 (Tex. 2008) (holding that Labor Code chapter 21 clearly and unambiguously waives immunity from suit) (“Garcia I”). … To establish a prima facie case of discrimination with indirect evidence, the plaintiff must show that: (1) she was a member of a protected class, (2) she was qualified for the position she applied for; (3) she suffered an

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.

Proctor v. Department of Health & Environmental Control

368 S.C. 279 · Court of Appeals of South Carolina · Mar 20, 2006

“The governmental entity bears the burden of establishing discretionary immunity as an affirmative defense.” Sabb v. South Carolina State Univ., 350 S.C. 416 , 428, 567 S.E.2d 231, 237 (2002). … The statute clearly exempts from liability any loss resulting from the failure to enforce an ordinance; therefore, the County is immune from suit for any loss as a result of their non-enforcement of the animal control ordinance

Goolsby v. Regents of University System

141 Ga. App. 605 · Court of Appeals of Georgia · Mar 15, 1977

Supreme Court has made clear the nature of a waiver of sovereign immunity: "It is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts ... without its consent … Supreme Court has clearly indicated that the lack of a property interest is immaterial to a free speech claim. Perry v. Sindermann, 408 U. S. 593 .

Bakes v. Denver Health

2025 COA 47 · Colorado Court of Appeals · May 8, 2025

Not only is it moot, but it no longer satisfies the requirement that immediate review would promote a more orderly disposition or establish a final disposition of the litigation. … ¶ 17 By contrast, CADA prohibits an employer from, among other things, taking adverse action against a qualified employee because of their disability, race, creed, color, sex, sexual orientation, gender identity

Joan Stephens v. Home Depot U.S.A., Inc.

529 S.W.3d 63 · Court of Appeals of Tennessee · Nov 30, 2016

Stephens and therefore immune from common law liability. Bayer CropScience acknowledged that the existing scheduling order established December 1, 2014, as the deadline for amendments to the pleadings. … Plaintiffs argue that Rule 12.02 required the trial court to confine its review to the pleadings in order to determine whether immunity was established.

Mena v. J.I.L. Construction Group Corp.

79 So. 3d 219 · District Court of Appeal of Florida · Feb 15, 2012

We affirm the order granting summary judgment for Slorp because Slorp is not estopped from asserting immunity and is otherwise entitled to immunity under the Worker’s Compensation Act. … For the possibility of estoppel to arise, however, the employer’s assertion of worker’s compensation immunity must be “clearly irreconcilable” with the reason for its initial denial. Kent, 966 So.2d at 981 ; Ashby v.

Jimenez v. Department of Financial & Professional Regulation

2020 IL App (1st) 192248 · Appellate Court of Illinois · Dec 28, 2020

The sole issue in that case was whether the absolute immunity provided by one statute or the limited immunity provided by a different statute applied to the claims. Id. … There was a clear conflict among the statutory provisions as both immunities could not apply.

Texas Association of School Boards Risk Management Fund // Southwest Texas Junior College v. Southwest Texas Junior College // Cross-Appellee, Texas Association of School Boards Risk Management Fund

Texas Court of Appeals, 15th District · Oct 2, 2025

At worst Plaintiff has presented clear evidence that its pleadings seek delay damages that the Texas legislature has specifically permitted recovery for, and at best, Plaintiff has established that delay 28 CR 12 … Direct damages for breach – ‘the necessary and usual result of the defendant’s wrongful act’ – certainly qualify”) (quoting Basic Capital Mgmt. v.