Case law

Univeristy of Miami, School of Medicine v. Ruiz

164 So. 3d 758 · District Court of Appeal of Florida · May 27, 2015

Although NICA’s Notice Provision makes no reference to NICA’s Immunity Provision or discusses waiver of immunity in the statute itself, it is now well-established Florida law that a party who is required to give notice … Because the plaintiffs have alleged that UM is “directly involved” in the labor and delivery, and UM is clearly entitled to immunity under 8 At oral argument, counsel for the plaintiffs admitted that the complaint was

Garcia v. City of Albuquerque

84 N.M. 168 · New Mexico Court of Appeals · Aug 23, 1972

The city next contends the subject of the 1941 bill is clearly expressed in the title. City of Albuquerque v. Campbell, 68 N.M. 75 , 358 P.2d 698 (1961), is cited in passing. … This phrase does not give reasonable notice of the immunity provisions of section 2 of the statute under the test originally established by the Supreme Court in State v. Ingalls, supra.

Esther Garcia Ortega v. State

472 S.W.3d 779 · Court of Appeals of Texas · Jul 30, 2015

The State has no burden to show compliance with Miranda unless and until the record as a whole “clearly establishes” that the defendant’s statement was the product of a custodial interrogation. Id. … Thus, appellant could not qualify for immunity under section 47.08 even if such immunity could be triggered by an unwarned custodial interrogation. We overrule appellant’s fourth issue. IV.

Glenn v. Columbus

2016 Ohio 7011 · Ohio Court of Appeals · Sep 27, 2016

No. 16AP-15 5 {¶ 11} It is undisputed that the city, as a political subdivision performing a government function, qualifies for immunity … In Anderson, the Supreme Court noted that, "it is well established that the violation of a statute, ordinance, or departmental policy enacted for the safety of the public is not per se willful, wanton, or reckless conduct

Rodriguez v. Hartford

224 Conn. App. 314 · Connecticut Appellate Court · Mar 19, 2024

The trial court concluded that the allegations of negligence in counts one and two clearly related to discretionary functions and, therefore, the defendants were immune from liability both at common law and under General … [Our Supreme Court] previously [has] concluded that [t]his language clearly and expressly abrogates the traditional common-law doc- trine in this state that municipalities are immune from suit for torts committed by their

Moore v. Cranford

285 Ga. App. 666 · Court of Appeals of Georgia · May 25, 2007

of application if no facts establishing ineligibility have been reported.” … Lee, for appellee. 1 Moore applied for a firearms license on December 13, 2005. 2 Although judges are immune from liability in civil actions seeking damages for acts performed in their judicial capacity, this immunity does

Weinstein v. Department of Transportation

42 Cal. Rptr. 3d 417 · California Court of Appeal · Apr 3, 2006

Since defendant’s showing established that the signage was planned and installed in conformity with the state’s approved standards, defendant was entitled to design immunity. … While defendant bore the burden of establishing each element of its design immunity defense in support of its summary judgment motion, once defendant established its immunity, plaintiffs bore the burden of producing substantial

The Board of Regents of the Texas A&M University System v. BE&K Building Group, LLC

Texas Court of Appeals, 15th District · Feb 12, 2026

PLH only had to establish that Chapter 114, not the contract, unambiguously waived immunity.” (internal citation omitted)). … TAMU contends that the Legislature did not “clearly and unequivocally consent[] to suits that lack a pre-suit notice.”

Kangas v. Perry

239 Wis. 2d 392 · Court of Appeals of Wisconsin · Oct 3, 2000

We conclude that Perry is immune from liability under the equine immunity statute. … A trial court's findings of fact will be affirmed unless they are clearly erroneous. See Sellers v. Sellers, 201 Wis. 2d 578, 586 , 549 N.W.2d 481 (Ct. App. 1996); see also Wis. Stat. § 805.17 (2).

Gonzalez v. City of New York

268 A.D.2d 214 · Appellate Division of the Supreme Court of the State of New York · Jan 4, 2000

With regard to the absence of guardrails, the City has failed to establish its entitlement to a defense of qualified immunity (see, Friedman v State of New York, 67 NY2d 271, 284 ) as a matter of law, since it has not identified

Murphy Cormier General Contractor, Inc. v. State, Department of Health & Hospitals

12 La.App. 3 Cir. 1000 · Louisiana Court of Appeal · May 22, 2013

Qualified Immunity DHH argues that its employees were subject to qualified immunity in the exercise of discretion pertaining to their duties, thus the trial court erred in not granting summary judgment in its favor. … DHH claims that the evidence supports a finding that the law pertaining to Section 729 was not “clearly established,” thus entitling DHH employees to immunity. Louisiana Revised Statutes 9:2798.1 states in part: A.

State Ex Rel. St. Louis State Hospital v. Dowd

908 S.W.2d 738 · Missouri Court of Appeals · Aug 15, 1995

Relators filed a motion to dismiss Hopkins’ amended petition asserting the protection of sovereign immunity and official immunity. … If the defendant is clearly entitled to immunity, it is not necessary to proceed through trial and appeal to enforce that protection.

Westfall v. State ex rel. Oregon Department of Corrections

247 Or. App. 384 · Court of Appeals of Oregon · Dec 29, 2011

P2d 1027 (1990), the Supreme Court concluded that a deputy sheriffs decision to pursue a criminal suspect, who was driving a vehicle that struck the plaintiffs vehicle during the pursuit and injured the plaintiff, did not qualify … prior to delivery, to the superintendent of the [DOC] institution to which the defendant is initially assigned * * *. “(3) Upon receipt of the information described in subsection (1) or (2) of this section, [DOC] shall establish

Georgia Department of Transportation v. Edward Kovalcik

Court of Appeals of Georgia · Apr 4, 2016

The DOT argued in Kovalcik I “that to the extent the Kovalciks’ theory of liability stems from its allegedly negligent approval of . . . design plans, the DOT’s decisions during the approval process of the plans qualify … , “while a void sentence is a nullity and may be vacated at any time, this important legal principle is, nevertheless, subject to the equally well established principles of res judicata and the law-of-the-case rule once the

People v. Ventura

316 Mich. App. 671 · Michigan Court of Appeals · Aug 16, 2016

In particular, defendant argues that the affidavit failed to mention that he was a qualifying patient under the MMMA as well as a caregiver. … Accordingly, the trial court did not err in refusing to suppress the evidence merely because the affidavit did not establish that defendant was not entitled to the immunity defense under § 4 of the MMMA.9 8 People

Jackson v. Texas Southern University-Thurgood Marshall School of Law

231 S.W.3d 437 · Texas Court of Appeals, 14th District (Houston) · Jun 12, 2007

Standard of Review The defendants stated three grounds for dismissal of the due process claims — sovereign immunity as to TSU and as to the defendants in their official capacities, qualified immunity as to the defendants … In his concluding remarks in one section of his brief, he states, “In summary, Appellant contends the success of his appeal rests upon whether the Court holds that appellant had a due process right to procedures established

Russell v. Interim Personnel, Inc.

135 Ohio App. 3d 301 · Ohio Court of Appeals · Aug 13, 1999

Appellant argues that because no such proof appears in the record, appellee failed to establish its immunity and was not entitled to judgment under the law. In support of this position, appellant cites Carr v. Cent. … Clearly, from the facts- presented here, appellant may be deemed an employee of appellee.

Goines v. Missouri Department of Social Services, Family Support & Children's Division

364 S.W.3d 684 · Missouri Court of Appeals · Feb 28, 2012

We decline Appellant’s invitation to reconsider the established case law on this issue. … This case clearly does not involve the type of “unusual circumstances” where “equity demands a balance of benefits” as established in the case law.

Hopkins v. Contractors' State License Board

240 Cal. App. 2d 710 · California Court of Appeal · Mar 11, 1966

Respondent Kyker held a general contractor’s license under which Hopkins furnished the qualifying experience as the responsible managing employee of Kyker. … Without the benefit of Hopkins’ qualifying experience, Kyker’s license was similarly affected.

Advocates for School Trust Lands v. State of Oregon

346 Or. App. 668 · Court of Appeals of Oregon · Jan 28, 2026

“Any interest may qualify as long as it is legally recognized,” id. at 555 (internal quotation marks omitted), and the interest may be affected indirectly—for example, an economic inter- est of a property owner may be affected … Plaintiffs assert that the schoolchildren plaintiffs have a qualifying interest in adequate funding for schools under the challenged laws pursuant to statutes that enti- tle and require them to attend school, ORS 339.010,