Case law

Avellaneda v. State

167 Wash. App. 474 · Court of Appeals of Washington · Mar 27, 2012

The court held, “If these preliminary questions can be clearly and unequivocally answered in the affirmative, then the challenged act, omission, or decision can, with a reasonable degree of assurance, be classified as *481 … In order for a decision to qualify as discretionary, the State must show that the decision was the outcome of a conscious balancing of risks and advantages. Taggart, 118 Wn.2d at 214-15 .

Reece v. Turner

284 Ga. App. 282 · Court of Appeals of Georgia · Mar 19, 2007

Thus, OCGA § 19-7-5 cannot provide a basis for civil liability against appellants based on our established case law.* 2 (b) Turner next relies upon Ga. Comp. … R. & Regs. r. 505-6-.01 clearly did not place a ministerial duty upon appellants to report Spaur’s act of sexual molestation in 1992.

Hoffman v. Sandia Resort and Casino

148 N.M. 222 · New Mexico Court of Appeals · Jan 26, 2010

DISCUSSION {4} Hoffman’s primary argument on appeal is that the waiver of immunity and choice of law provisions in Sections 8(A) and 8(D) of the Compact establish that Sandia waived sovereign immunity with respect to … {14} Hoffman relies on language in Sections 8(A) and 8(D) of the Compact to establish that Sandia waived its sovereign immunity with respect to his claims.

Barrett v. Fonorow

Appellate Court of Illinois · Oct 28, 2003

News vendors, bookstores, and libraries generally qualify for this standard of liability." J. Friedman & F. … Clearly, he has not.

in Re Hays County Sheriff's Department and Hays County District Attorney's Office

Texas Court of Appeals, 3rd District (Austin) · Dec 12, 2012

To demonstrate an abuse of discretion, the relator must establish that the facts and the law permit the trial court to make but one decision. … In response, Ficke argues that the trial court's decision was proper because under current case law, "there are clearly occasions when a governmental unit can waive immunity from suit by its conduct."

Bergeron v. Boyd

223 Cal. App. 4th 877 · California Court of Appeal · Feb 4, 2014

As the defendant was clearly engaged in this latter activity, she is entitled to the protection of such quasi-judicial immunity.” (Howard, supra, 222 Cal.App.3d at pp. 859-860.) … Consequently, the court held the undisputed facts did not establish the horse steward was entitled to the protection of quasi-judicial immunity if he committed a trespass to chattel.

Cleghorn v. City of Albany

184 Ga. App. 732 · Court of Appeals of Georgia · Sep 18, 1987

The ordinance further provides that among the criteria for establishing protection there shall be included a determination of “which events are best suited financially for the Civic Center and will provide the highest net … Wilson & Gibson, 49 Ga. 476 , where the City “had the power by law to establish and erect a market house, but not in the street where it had temporarily erected one.

Mission Consolidated Independent School District v. ERO International, LLP

579 S.W.3d 123 · Texas Court of Appeals, 13th District · Mar 14, 2019

ERO’s own business records clearly indicate that the last original invoice for 5 payment was created on October 13, 2014. … In the present case, the pleadings affirmatively established that the conditions of section 271.154 have not been met.

McClintock v. West

219 Cal. App. 4th 540 · California Court of Appeal · Sep 9, 2013

Mueller (6th Cir. 1984) 732 F.2d 1456, 1458 [guardian ad litem “must act in the best interests of the [person] he represents [and s]uch a position clearly places him squarely within the judicial process”].) … Why would any qualified person ever accept appointment as a guardian ad litem when his or her decisions could be subject to such post hoc second guessing?

Town of Highland v. Zerkel

659 N.E.2d 1113 · Indiana Court of Appeals · Dec 29, 1995

[TThe court now finds that the Town of Highland is not immune for the conduct complained of insofar as it has not established that a policy oriented decision-making process as required by Peqvier was utilized in this case … Because the evidence clearly established that under Highland's sidewalk replacement program the cost of sidewalk maintenance was shared with the homeowner, we do not feel that the jury assigned 100% financial responsibility

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.

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

City of Hammond v. Reffitt

789 N.E.2d 998 · Indiana Court of Appeals · Jun 12, 2003

from liability under the principles of common law immunity; and 3) Reffitt failed to establish a prima facie case of negligence. … Trial Rule 50(A) of the Indiana Rules of Trial Procedure provides: Where all or some of the issues in a case tried before a jury or an advisory jury are not supported by sufficient evidence or a verdiet thereon is clearly

Miles v. Perry

11 Conn. App. 584 · Connecticut Appellate Court · Jul 21, 1987

The defendants assert two privileges: (1) a conditional or qualified privilege applicable to false expression encompassing a matter of public concern; and (2) a conditional or qualified privilege conditioned upon statements … The trial court held, therefore, that the defendants, could not invoke a qualified privilege. These findings are not clearly erroneous. Holbrook v. Casazza, supra, 344 ; Pandolphe’s Auto Parts, Inc. v.

T&A Amusements, LLC v. McCrory

251 N.C. App. 904 · Court of Appeals of North Carolina · Feb 7, 2017

T&A is a distributor for Crazie Overstock and, as such, is responsible for recruiting persons to operate retail establishments and for helping to set up and service those establishments. … App. 119, 125, 759 S.E.2d 304, 309 (“Sovereign immunity is not merely a defense to a cause of action; it is a bar to actions that requires a plaintiff to establish a waiver of immunity.”

Whiteley v. Philip Morris, Inc.

11 Cal. Rptr. 3d 807 · California Court of Appeal · Apr 29, 2004

The parties and the court below described Cipollone as presenting a continuum ranging from claims clearly preempted by the Act at one end and claims clearly not preempted at the other. … “Generally, the burden falls on the plaintiff to establish causation. [Citation.] ...

State v. Ruegge

21 Neb. Ct. App. 249 · Nebraska Court of Appeals · Sep 10, 2013

App. 249 establish that Vande Mheen had actually obtained the stolen generator/welder from someone other than Ruegge. … The motion was clearly untimely, and as such, we do not review Ruegge’s assertions about the motion for a mistrial on appeal.

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.

Cowell v. Commonwealth, Department of Transportation

883 A.2d 705 · Commonwealth Court of Pennsylvania · Sep 29, 2005

any exception to sovereign immunity. … Preliminary objections in the nature of a demurrer should be sustained only where the pleadings are clearly insufficient to establish a right to relief; any doubt must be resolved in favor of overruling the demurrer.

Darling v. Tribute Contracting & Consultants, L.L.C.

2025 Ohio 4624 · Ohio Court of Appeals · Oct 2, 2025

However, the village asserted the Darlings could not establish negligence. … “‘[B]efore R.C. 2744.02(B)(2) will remove a political subdivision’s immunity, the plaintiff must establish: (1) the elements required to sustain a negligence action-duty, breach, proximate cause, and damages; and (2) that