Case law

Johnson v. Woodland Hills School District

135 Pa. Commw. 43 · Commonwealth Court of Pennsylvania · Oct 29, 1990

Miladin, 123 Pa.Commonwealth Ct. 405, 553 A.2d 535 (1989), that the real property exception to immunity 1 did not apply. … Summary judgment is only appropriate when, after examining the record in favor of the nonmoving party, there is no genuine issue of material fact and the movant clearly establishes that he or she is entitled to judgment as

Oliver v. Tropiano Transportation, Inc.

79 A.3d 1233 · Commonwealth Court of Pennsylvania · Nov 8, 2013

42 Pa.C.S. § 8522(b)(4), because there was no “dangerous condition of the property” established. … Based on the foregoing, the Authority is clearly a local agency in the context of this case.

Tesla, Inc. v. Virginia Automobile Dealers Association

68 Va. App. 509 · Court of Appeals of Virginia · Feb 20, 2018

The Commissioner ruled that Tesla qualified under Code § 46.2-1572(4) to open a dealership. … They argue that if VADA is not an aggrieved party then sovereign immunity prevents VADA from challenging the Commissioner’s decision.

DeCordova v. State

18 Brief Times Rptr. 350 · Colorado Court of Appeals · Feb 24, 1994

In that act, the General Assembly reinstated immunity from tort liability for public entities in some circumstances and in others established recovery limits, declaring that “unlimited liability could disrupt or make prohibitively … The undisputed evidence established that the standard of care owed by the hospital pharmacy was clearly defined and was breached.

Maynard v. City of Madison

101 Wis. 2d 273 · Court of Appeals of Wisconsin · Feb 24, 1981

The suit is not brought against the city because of the policy decision by the common council to release intelligence reports or the decision to establish release *283 criteria. … The policy is strong enough to create a qualified governmental privilege against disclosure of an informer’s name. Stelloh, 21 Wis.2d at 125 , 124 N.W.2d at 104 .

University of Florida Board of Trustees v. Stone

92 So. 3d 264 · District Court of Appeal of Florida · Jun 21, 2012

To overcome the immunity provided by the Act, the plaintiff was required to establish that the defendant acted with “reckless disregard” for the consequences to the life or health of another. Id. … The record refutes this tipsy-coachman argument and establishes that AGH was providing services to Mr.

Manca v. Borough of Hopatcong

157 N.J. Super. 67 · New Jersey Superior Court Appellate Division · Mar 10, 1978

Justice Haneman, in an opinion for a unanimous court, clearly sustained municipal immunity as a matter of law in snow removal cases in the following language: Snow is a common enemy interfering with normal pedestrian and … Our review of the pertinent provisions of the act fails to reveal a provision reflecting a legislative intent to abolish the immunity established in the area of discretionary municipal activities typified by Miehl v.

Lins v. Evening News Ass'n

129 Mich. App. 419 · Michigan Court of Appeals · Oct 10, 1983

The state libel laws enjoy no “talismanic immunity” from consti *425 tutional limitations. 6 Freedom of expression upon public questions is secured by the First Amendment. … Last, the Supreme Court said that actual malice necessary to defeat the conditional qualified privilege, which, of course, existed here, can be established by inference and, if there are genuine issues of material fact, the

National Sports & Spirit, Inc. v. University of North Texas

117 S.W.3d 76 · Court of Appeals of Texas · Aug 27, 2003

UNT, however, contends that immunity is not waived because section 82.002(a) does not clearly waive sovereign immunity. … UNT responds that neither appellants’ nor Harvey’s pleadings were sufficient to establish waiver of sovereign immunity.

City of Round Rock and Round Rock Fire Chief Larry Hodge v. Mark Whiteaker

Texas Court of Appeals, 3rd District (Austin) · Nov 16, 2007

Whiteaker clearly has standing to assert his claims. … Nor can we discern any other basis in chapter 143—explicit or implicit—for concluding that the legislature clearly and unambiguously intended to waive governmental immunity against a claim like Whiteaker’s in particular

CALVIN CHANG v. TRIPADVISOR, LLC and Another

Massachusetts Superior Court · Jan 8, 2022

Therefore, Defendants here will only be entitled to immunity under the CDA at this stage of the litigation if it is apparent from Mr. … Defendants contend that none of the causes of action in the Complaint plead sufficient facts to establish their liability. Specifically, Defendants argue that Mr.

Banfield v. Cortes

922 A.2d 36 · Commonwealth Court of Pennsylvania · Apr 12, 2007

Brau enclosed a check for $450 and the signatures of ten qualified registered electors, as required by statute. … Sovereign Immunity In the second preliminary objection, the Secretary argues that Commonwealth officials are immune from claims seeking affirmative or mandatory injunctive relief. 5 We disagree.

DeCelle v. City of Alameda

221 Cal. App. 2d 528 · California Court of Appeal · Oct 25, 1963

Under such circumstances, they have clearly waived their right to rely upon Code of Civil Procedure, section 343. … Respondent would clearly have qualified for a pension under that ordinance.

Trinkle v. California State Lottery

84 Cal. Rptr. 2d 496 · California Court of Appeal · Apr 6, 1999

The statute’s purpose is clearly not to safeguard the profits of gaming operators such as Trinkle who compete with CSL. Section 815.6 does not apply. … This section establishes the principle that a public entity may be liable under the doctrine of respondeat superior for the acts of its employee if such acts are not otherwise immune from liability. (Cal.

Cantrell v. Thurman

231 Ga. App. 510 · Court of Appeals of Georgia · Mar 24, 1998

The defendants answered and raised defenses of qualified/good faith immunity and official immunity. On July 1, 1996, the defendants moved for summary judgment. … or official immunity.

Johnson v. Bishof

2015 IL App (1st) 131122 · Appellate Court of Illinois · Jul 21, 2015

“Unless the physician’s negligence is so grossly apparent or the treatment so common as to be within the everyday knowledge of a layperson, expert medical testimony is required to establish the standard of care … Immunity Act.

Thomas v. Schwegmann Giant Supermarket

561 So. 2d 992 · Louisiana Court of Appeal · May 15, 1990

Is Schwegmann Immune from Liability for the Detention? … Glue is clearly not listed as one of the contents. Furthermore, the labeling on the package face *996 clearly indicates in three prominent locations that the nails are applied with "stick-on" tape, not glue.

Arthur Ware, Individually and as Potter County Judge v. Terry Miller, Potter County Constable, Precinct 2

Texas Court of Appeals, 7th District (Amarillo) · Aug 8, 2002

It is well established that in an interlocutory appeal, we may only address those matters for which such an appeal is permitted by section 51.014. … Appellants argue that Miller has failed to identify any constitutional or statutory provision clearly waiving immunity in this case.

Harris v. University of Michigan Board of Regents

219 Mich. App. 679 · Michigan Court of Appeals · Jan 24, 1997

Thus, in Hutchins , the federal court clearly considered MSU’s operation of its intercollegiate women’s basketball program to be a governmental, not a proprietary, function. … Plaintiff was unable to establish that profit was the university’s primary motive in operating its athletic program or that intercollegiate athletics was not normally supported by taxes.

O'HAGAN v. Board of Zoning Adjustment

38 Cal. App. 3d 722 · California Court of Appeal · Apr 23, 1974

Since under section 810.6 enactment means, among other things, ordinance or regulation, the revocation of the use permit was clearly authorized under section 821.2. … We hold that the specific immunities provided for the public entities and public employees in sections 818.4 and 821.2 take precedence over the liabilities established in Code of Civil Procedure section 1095.