Case law

Magnan v. Anaconda Industries, Inc.

37 Conn. Super. Ct. 38 · Connecticut Superior Court · Jun 10, 1980

“The publication of defamatory words may be under an absolute, or under a qualified or conditional, privilege. … “The ‘judicial proceeding’ to which the immunity attaches has not been defined very exactly.

Kabat v. Department of Transportation

California Court of Appeal · Dec 19, 2024

for injuries caused by qualifying preapproved plans or designs; and (3) section 830.8, which gives public entities limited signage immunity for injuries caused by the failure to provide certain traffic signals, signs, markings … First, Caltrans met its initial burden of establishing the defense of design immunity (§ 830.6), but Plaintiffs failed to raise a triable issue of material fact in opposition.

Flores v. City of San Diego

California Court of Appeal · Sep 15, 2022

In such cases, the courses must be competency-based, where each student demonstrates mastery of clearly specified learning outcomes. … As is clear from Penal Code section 13519.8, any “training guidelines” that are “established” pursuant to that provision are established through the POST Commission; Penal Code section 13519.8 does not itself establish its

Ginn v. Woman's Hospital Foundation, Inc.

818 So. 2d 983 · Louisiana Court of Appeal · May 10, 2002

The Board is clearly an interested party entitled to intervene and appeal under the intervention statutes, and, in fact, has the duty to defend the Fund under La. R.S. 40:1299.44(A)(5)(b), La. … The burden is on a defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. Dunn , 96-1765 at p. 6, 701 So.2d at 699 .

Hatley v. Kassen

859 S.W.2d 367 · Texas Court of Appeals, 5th District (Dallas) · Dec 3, 1992

We hold that Kassen did not establish her entitlement to application of the official-immunity doctrine as a matter of law. … (“official immunity,” also called "qualified immunity" or "quasi-judicial immunity,” is affirmative defense).

Transamerica Insurance v. Judie, Inc.

30 Pa. Commw. 259 · Commonwealth Court of Pennsylvania · May 20, 1977

Appellant contends that the court below erred in its application of the doctrine of sovereign immunity. … Unlike the Bureau, the Turnpike Commission itself has been given the power to make “necessary rules and regulations for its own government.” 6 Under Section 6 of the Law, it is the Secretary of Revenue who has the power to establish

Poelker v. Warrensburg-Latham Community Unit School District No. 11

251 Ill. App. 3d 270 · Appellate Court of Illinois · Sep 30, 1993

Nor did the evidence establish conscious disregard for the safety of the children. … The throwing area was clearly marked with vector lines and the discus throws were directed toward an open field away from other events.

Clarke v. Oregon Health Sciences University

206 Or. App. 610 · Court of Appeals of Oregon · Jul 5, 2006

OHSU was established in 1995 as an “independent public corporation”: 6 “Oregon Health and Science University is established as a public corporation and shall exercise and carry out all powers, rights and privileges that are … responsible for harm qualifying as a legal injury remain liable.

McKinley v. City of Glenwood Springs

361 P.3d 1080 · Colorado Court of Appeals · Sep 10, 2015

immunity. … We defer to the trial court's factual findings unless they are clearly erroneous and unsupported by evidence in the record. See Waiton v. State, 968 P.2d 636, 643, 645 (Colo. 1998).

Commonwealth v. Daniels

280 Pa. Super. 278 · Superior Court of Pennsylvania · Sep 23, 1980

Snelick was not properly immunized to give testimony. The appellant lacks standing to raise this issue. Commonwealth v. … An expert witness may be qualified in several different ways. An expert may acquire his knowledge through occupational, practical or other experiential training.

City of El Paso v. Kolster

931 S.W.2d 365 · Texas Court of Appeals, 8th District (El Paso) · Oct 16, 1996

This, the City maintains, is sufficient to establish immunity as a matter of law. We disagree that our inquiry ends there. The applicable laws also required that Ms. … In a legal sufficiency review, the court may consider evidence which, although not favoring the verdict, was clearly established and uncon-troverted. Zamarron v. Adame, 864 S.W.2d 173, 174 (Tex.App.

Edward A. Crapo, as Alachua County etc. v. Provident Group - Continuum etc.

238 So. 3d 869 · District Court of Appeal of Florida · Feb 7, 2018

[T]he University clearly intended to have the use and benefit of this project and has accepted the same. . . . … This establishes the property’s status as immune from tax. . . . The trial court alternatively determined that Appellee was entitled to a governmental and charitable tax exemption for 2014 through 2016.

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

Mueller v. N. Canton

2012 Ohio 3561 · Ohio Court of Appeals · Aug 6, 2012

from Mueller's claim; and (3) the undisputed facts also establish that the City is statutorily immune from Mueller's claim. {¶4} The trial court agreed and granted the City's Motion to Dismiss. … Stark County, Case No. 2012-CA-82 11 {¶23} “The legislative intent in establishing the small claims court division was clearly not to require plaintiffs to file

Richardson v. Devlin & Judah Co.

12 Cal. App. 403 · California Court of Appeal · Jan 6, 1910

argument is based on article I, sections 11 and 21 of the constitution, which read, that “all laws of a general nature shall have uniform operation, . . . nor shall any citizen or class of citizens be granted privileges or immunities … We cannot assume that the legislature would have enacted any portion of this section defining a newspaper of general circulation without the qualifying clause requiring it to be published at regular intervals for a period

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

Gidvani, Parvin G. v. Jerome Aldrich

Texas Court of Appeals, 1st District (Houston) · Feb 7, 2003

Official Immunity In his second issue, Gidvani claims the trial court erred by granting summary judgment on the affirmative defense of official immunity. … In light of our conclusion that summary judgment was proper based on the affirmative defense of qualified immunity, it is unnecessary for us to reach the merits of Gidvani’s remaining issues, and we decline to do so.

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).

Dunn v. Unified School District No. 367

30 Kan. App. 2d 215 · Court of Appeals of Kansas · Feb 8, 2002

His instructions were clearly erroneous and bluntly violated the remand directions in Glynos.” The record clearly refutes this argument. Contrary to U.S.D. … Rather, the burden is upon the defendant governmental entity, or defendant employee, to establish governmental immunity under one or more of the exceptions of K.S.A. 1983 Supp. 75-6104.

Texas Department of Family & Protective Services v. Parra

347 S.W.3d 362 · Texas Court of Appeals, 8th District (El Paso) · Jul 29, 2011

In a single issue, the Department contends that sovereign immunity for claims under the anti-retaliation statute has not been “clearly and unambiguously” waived, as required by Section 311.034 of the Texas Government Code … In reaching its conclusion that the newly-revised PSL no longer met the clear and unambiguous standard, the manner of the legislative intent analysis followed the framework established under the common law standard.