Case law

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.

Brassinga v. City of Mountain View

77 Cal. Rptr. 2d 660 · California Court of Appeal · Aug 20, 1998

As we have already discussed, the evidence presented below established that the Regional Team did not qualify as an “employer” under Labor Code section 3300. … The Regional Team was not shown to be an entity that could qualify as an employer, and the evidence presented in support of Acton’s motion did not establish as a matter of law that Mountain View was Brassinga’s special employer

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.

Burg v. State

147 N.J. Super. 316 · New Jersey Superior Court Appellate Division · Feb 24, 1977

Div. 1976), that the language of the legislation made it clear that the basic legislative premise was to re-establish immunity for all governmental bodies within its definition of "public entity." … They charge that Boland "had a well defined and obvious history of emotional, psychological and psychiatric problems," and that the murder conviction "clearly is a history of violent behavior."

Big Valley Band of Pomo Indians v. Superior Court

35 Cal. Rptr. 3d 357 · California Court of Appeal · Oct 12, 2005

A proffered declaration from the Tribal Secretary purports to establish the Tribe never ratified or approved the contracts of the Employees. … This allegation is sufficient to establish the Tribe effected a limited waiver of its sovereign immunity in connection with the contracts. 4 3.

City of Abilene v. Victoria Carter

Texas Court of Appeals, 11th District (Eastland) · May 3, 2012

There are two facets to sovereign immunity and its counterpart, governmental immunity: immunity from suit and immunity from liability. Id . … For an act of a governmental entity to qualify as a nuisance without being defeated by the doctrine of governmental immunity, the condition created by the entity must in some way constitute an unlawful invasion of property

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.

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.

M.E.N. Water Supply Corporation, Angus Water Supply Corporation, Chatfield Water Supply Corporation, Corbet Water Supply Corporation, City of Frost, City of Kerens, and Community Water Company v. City of Corsicana, Texas

564 S.W.3d 474 · Texas Court of Appeals, 10th District (Waco) · Nov 14, 2018

Section 271.152 of the Local Government Code waives immunity to suit for qualifying local governmental entities for the purpose of adjudicating a claim for breach of contract entered into by the local governmental entity … For section 271.152’s waiver of immunity to apply, the following elements must be established: (1) the party against whom the waiver is asserted must be a “local governmental entity” as defined by the Local Government

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.

New Lebanon v. Krahn

2015 Ohio 4791 · Ohio Court of Appeals · Nov 20, 2015

Thus, the Court concludes as it did previously that [the Village] was engaged in a proprietary function when it filed the instant suit and qualifies as an exception to statutory immunity. { … may be asserted to establish nonliability:” (Emphasis added). {¶ 67} We need not address the enumerated defenses and immunities in R.C. 2744.03.

Kapiloff v. Dunn

27 Md. App. 514 · Court of Special Appeals of Maryland · Jul 23, 1975

Therefore the right to recover was clearly governed by New York Times Co. v. Sullivan, 376 U. S. 254 . … We take it that appellants contend that by creating a constitutional qualified privilege for false statements of fact, the Supreme Court immunized all expressions of opinion about individuals in the public official-public

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.

State v. BP America Production Co.

290 S.W.3d 345 · Texas Court of Appeals, 3rd District (Austin) · Jun 24, 2009

necessary to establish BP’s standing. … We cannot conclude that the legislature, by providing section 2001.038’s limited waiver of sovereign immunity to permit certain challenges to agency rules, clearly and unambiguously manifested its intent to waive immunity

McCluskey v. McCraw

672 So. 2d 805 · Court of Civil Appeals of Alabama · Aug 4, 1995

Davis , 537 So.2d 7 (Ala. 1988)], this conclusion is consistent with the guidelines established in the [4] Restatement [(Second) of Torts , § 895D, 'Public Officers' (1979)] and De-Stafney [v. … The McCluskeys contend that the facts of this case do not support a determination that McCraw was due to be afforded qualified immunity on the basis of his having performed a "discretionary function."

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.

McMartin v. Children's Institute International

212 Cal. App. 3d 1393 · California Court of Appeal · Aug 10, 1989

care license is simply not a prerequisite for the shield of immunity provided by section 11172. … The first amendment proposed by defendants to their RICO cause of action clearly involves an act by the Manhattan Beach Police Department and does not meet any of the necessary criteria of mail fraud.

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