Case law

Edgewater Inv. Associates v. Borough of Edgewater

201 N.J. Super. 267 · New Jersey Superior Court Appellate Division · Apr 22, 1985

Under the Act, a tenant who qualifies is immune from eviction for a period of 40 years. N.J.S.A. 2A:18-61.1k and N.J.S.A. 2A:18-61.24h. … That principle clearly applies here. In sum, we hold that the applicant's net business income is to be utilized in determining whether he qualifies for protected tenancy status.

Whitestone v. Town of South Tucson

2 Ariz. App. 494 · Court of Appeals of Arizona · Jan 25, 1966

While it is true that governmental immunity has been abrogated in Arizona, Stone v. … Clearly, however, something was intended by these words beyond simply delay after an action has been commenced. The decision in Helm is based upon failure to “diligently” prosecute.

Sunset Beach Investments, LLC v. Kimley-Horn & Associates, Inc.

207 So. 3d 1012 · District Court of Appeal of Florida · Jan 4, 2017

Sunset Beach’s test would require courts to decide what qualifies as “special education,” what qualifies as “training,” what is acceptable “experience,” and related issues. … These statutory definitions clearly indicate that being an “engineer intern” does not make a person an engineer.

Rosaena Resendez v. Texas Commission on Environmental Quality

391 S.W.3d 312 · Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2012

Without such a waiver, sovereign immunity deprives a court of subject-matter jurisdiction. Miranda, 133 S.W.3d at 224 . … Thus, in order to qualify for section 554.0035’s limited waiver of immunity, Re-sendez must plead facts which, if true, establish a violation of section 554.002 of the whistleblower act. See id.

City of Texarkana v. Cities of New Boston

141 S.W.3d 778 · Texas Court of Appeals, 6th District (Texarkana) · Jul 23, 2004

Governmental Immunity, Generally It is well established in Texas that sovereign or governmental immunity 2 protects the State, its agencies, and its officials from lawsuits for damages, absent the Legislature’s consent through … The courts have uniformly held that “it is the Legislature’s sole province to waive or abrogate sovereign immunity” and that any waiver must be expressed clearly and unambiguously.

State v. Gamberella

633 So. 2d 595 · Louisiana Court of Appeal · Dec 29, 1993

HIV is the virus responsible for causing acquired immune deficiency syndrome (AIDS). … To establish defendant's guilt, the state was required to prove that defendant intentionally exposed the victim to the acquired immune deficiency syndrome virus through sexual contact without the victim's knowing and lawful

City of Elsa v. M.A.L.

192 S.W.3d 678 · Texas Court of Appeals, 13th District · May 11, 2006

Although the Act itself does not contain a waiver of governmental immunity, appellees argue that appellant, nonetheless, has waived its immunity from suit because section 3 of its charter clearly and unambiguously states … Appellant, being a city, qualifies as such a governmental unit. See id. § 101.001(3)(B) (Vernon 2005). Therefore, appellant is authorized by statute to bring this interlocutory appeal. See id. § 51.014(a)(8). 2 .

Winters v. City of Jersey

120 N.J. Super. 129 · New Jersey Superior Court Appellate Division · Jul 28, 1972

When the Legislature has intended that a governmental body should be immune, it has clearly and expressly said so. *147 Cf. N. J. S. … for has not been clearly granted by the Legislature.

Andries v. Royal Caribbean Cruises, Ltd.

12 So. 3d 260 · District Court of Appeal of Florida · May 13, 2009

He testified that a staph infection is characterized by antigens that precipitate an immune response and the production of antibodies which are believed to accumulate in the glomeruli (essentially the filtration tubes in … The nephropathy only develops in a fraction of the individuals exposed to a staph infection, and the reasons for differences in susceptibility are not clearly understood. 5 . See Meirell Dow Pharms., Inc. v.

Underwood v. University of Kentucky

390 So. 2d 433 · District Court of Appeal of Florida · Nov 18, 1980

The record does not clearly reflect which provision of the Florida long-arm statute the plaintiff sought to employ in bringing the defendants within the jurisdiction of the court. … The author Lyon does not, of course, share in this immunity.

Stockinger v. Feather River Community College

4 Cal. Rptr. 3d 385 · California Court of Appeal · Sep 2, 2003

Defendants were immune from liability under section 87706 (see fn. 1, ante). … This case clearly falls in the latter category. Plaintiff cites case law allowing imposition of liability for off-school-premises injuries resulting from on-school-premises negligence.

St. Mary Anesthesia v. Hosp. Serv. Dist.

836 So. 2d 379 · Louisiana Court of Appeal · Dec 20, 2002

This general right was expressly qualified, however, by an exclusionary proviso authorizing exceptions "in cases established by law." … The use of the word "established" in the proviso at issue, instead of "provided," does not warrant a different interpretation. [11] Thus, the legislature is clearly empowered to fashion exceptions to the general right of

Nadrowski v. Cleveland

2022 Ohio 3232 · Ohio Court of Appeals · Sep 15, 2022

R.C. 2744.02(A)(1) establishes a general grant of sovereign immunity, providing that a political subdivision is not liable for damages for injury, death, or loss to person or property incurred in connection with … The record demonstrates that Nadrowski could not clearly identify where she fell or what caused her to fall.

Commonwealth v. Smith

201 Pa. Super. 511 · Superior Court of Pennsylvania · Sep 12, 1963

The search and the seizure in the present case were clearly reasonable under the federal decisions. … Smith’s invitation was clearly a waiver of his right. Com. v. Gockley, 411 Pa. 437, 446 , 192 A. 2d 693 .

Vespaziani v. Commonwealth

40 Pa. Commw. 54 · Commonwealth Court of Pennsylvania · Jan 19, 1979

Pennsylvania Department of Highways, 479 Pa. 384 , 388 A.2d 709 (1978), that the Commonwealth is no longer immune from suit by virtue of the *58 common law doctrine of sovereign immunity, and (2) since the Board of Arbitration … of Claims was established to provide a forum for obtaining a remedy against the Commonwealth where none existed due to the sovereign’s immunity.

Ogburn v. Toledo

2019 Ohio 163 · Ohio Court of Appeals · Jan 18, 2019

If immunity applies, we then examine whether immunity has been abrogated by the exceptions set forth in R.C. 2744.02(B). Id. … . {¶ 17} Here, the city qualifies for immunity as a political subdivision under R.C. 2744.02(A).

Aranyosi v. Delchamps, Inc.

98 La.App. 1 Cir. 1325 · Louisiana Court of Appeal · Jun 25, 1999

Nevertheless, even if all the elements of defamation were present, a qualified privilege exists in favor of defendants. … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.

State ex rel. Missouri Highway & Transportation Commission v. Ryan

741 S.W.2d 828 · Missouri Court of Appeals · Nov 24, 1987

We have done so, however, where refusal to utilize the writ will compel a party to undergo a clearly unwarranted and useless litigation. See, e.g., State ex rel. O’Blennis v. Adolf, 691 S.W.2d 498, 500 (Mo.App.1985). … the negligent acts or omissions by public employees arising out of the operation of motor vehicles within the course of their employment; (2) Injuries caused by the condition of a public entity’s property if the plaintiff established

Ryder Integrated Logistics, Inc. and Ryder Integrated Logistics of Tex., LLC v. Fayette County

414 S.W.3d 864 · Texas Court of Appeals, 4th District (San Antonio) · Aug 30, 2013

Unless the TTCA clearly and unambiguously waives immunity, the government will be immune from suit. Miranda, 133 S.W.3d at 224–25; Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 696 (Tex. 2003). … Under section 101.021(2), a plaintiff can establish a waiver of sovereign immunity by establishing the “use or misuse of the property was a contributing factor to the alleged harm.” Id.

Transformative Learning System D/B/A Transformative Charter Academy v. Texas Education Agency and Michael Williams in His Official Capacity as the Commissioner of Education

572 S.W.3d 281 · Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2018

To establish the district court’s jurisdiction over a controversy, a plaintiff suing the State must establish a waiver of sovereign immunity. Texas Nat. Res. Conservation Comm’n v. … However, “if a plaintiff ‘cannot 14 establish a viable takings claim’ against a governmental entity, the claim would implicate immunity and potentially be barred by it.