Case law

Morrison v. Warrensville Hts.

2022 Ohio 1489 · Ohio Court of Appeals · May 5, 2022

Under the first tier of the analysis, the City qualifies as a political subdivision. R.C. 2744.01(F). … Therefore, the City is entitled to immunity from suit unless Morrison can establish under the second tier that one of the exceptions to immunity applies.

Dorn v. Mendelzon

196 Cal. App. 3d 933 · California Court of Appeal · Dec 4, 1987

Glover’s letter strips it of the immunity granted by section 47(2). … Thus, the qualified immunity for communications evaluative of medical practitioners set forth in section 43.8 is applicable.

Lopez v. City of Elizabeth

245 N.J. Super. 153 · New Jersey Superior Court Appellate Division · Jan 7, 1991

Piccollella was qualified to speak to the resource allocation issue at all, in the absence of proof that he was part of or even aware of any decision-making process on the subject. … It is similarly appropriate to ask an entity that seeks qualified immunity for an allocation decision to prove it had a pothole because it decided to repaint road lines instead of filling potholes.

the El Paso Education Initiative, Inc. D/B/A Burnham Wood Charter School v. Amex Properties, LLC

385 S.W.3d 701 · Texas Court of Appeals, 8th District (El Paso) · Oct 31, 2012

The Texas Supreme Court has determined that a party wishing to establish a local governmental entity’s waiver of immunity to suit for breach of written contract under Section 271.152, must establish three elements: (1) the … Having found that an open-enrollment charter school qualifies as an "institution, agency, or organ of government” which derives its status and authority from legislative enactment, the Texas Supreme Court has determined that

Garner v. State, Department of Education

122 Haw. 150 · Hawaii Intermediate Court of Appeals · Dec 16, 2009

HRS § 661-5 Bars the Recovery of Back Pay Prior to November 8, 2000 It is well-established that the State of Hawaii’s liability is limited by its sovereign immunity, except where there has been a “clear relinquishment” of … The contract between the parties clearly required payment in accordance with applicable State law.

Morrison v. Forest Preserve District of Cook County

155 Ill. App. 3d 687 · Appellate Court of Illinois · Apr 23, 1987

The District moved to dismiss count IV on the grounds that it was barred by certain provisions of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. … It is well established that a cause of action should be dismissed on the pleadings only where it clearly appears that no set of facts could be proved which would entitle the plaintiff to recover. (Fitzgerald v.

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 .

Pacific Great Lakes Corp. v. Bessemer & Lake Erie Railroad

130 Ohio App. 3d 477 · Ohio Court of Appeals · Nov 9, 1998

The record shows that Cleveland Stevedore proposed various instructions, objected to certain instructions given, and did not clearly approve of the trial court’s final instructions. … Good clearly possessed some knowledge of the particular subject superior to that possessed by ordinary jurors. Without showing any greater knowledge, Cleveland Stevedore’s expert, Dr.

State of Florida, Agency for Persons With Disabilities v. Sally Toal

District Court of Appeal of Florida · Feb 26, 2025

Because the Whistleblower’s Act does not clearly and unequivocally waive sovereign immunity to authorize the recovery of such damages, we reverse. … or reconcile its holding with the well-established principle that a waiver of immunity cannot be found by inference or implication.

The State v. Pickens

330 Ga. App. 862 · Court of Appeals of Georgia · Mar 3, 2015

Thus, to be entitled to immunity from prosecution under OCGA § 20-2-1001, a defendant must establish three things: (1) she is an educator; (2) the acts or omissions in questions were related to or resulting from disciplining … The trial court held a three-day evidentiary hearing during which Pickens called five witnesses and the State called six.3 One of the State’s witnesses was qualified as an expert in behavior management strategies for students

People v. Schomer

64 Ill. App. 3d 440 · Appellate Court of Illinois · Sep 29, 1978

On cross-examination, in addition to establishing that Martin had been dating the daughter of Schomer and the sister of Sanchez, the State was allowed to bring out that Martin requested immunity prior to testifying before … Clearly, the same could be said for the instant case. The jury in the instant case was able to make its decision based upon the testimony of numerous witnesses and the accuracy of their testimony. In Chapman v.

Dollar v. Dalton Public Schools

233 Ga. App. 827 · Court of Appeals of Georgia · Aug 11, 1998

The legislature has authorized boards of education to establish and operate such after-school programs. OCGA § 20-2-65 (b). … An after-school program operated by a school district in accordance with OCGA § 20-2-65, is therefore clearly a governmental activity serving an educational purpose. This enumeration is without merit.

Thomas v. City of Philadelphia

668 A.2d 292 · Commonwealth Court of Pennsylvania · Dec 13, 1995

Initially, we note that summary judgment is only appropriate when, after examining the record, there is no genuine issue of material fact, and the movant clearly establishes its entitlement to judgment as a matter of law. … However, Administratrix has failed to establish that any negligence on the part of the City, if proven, falls within one of the exceptions to governmental immunity listed in section 8542(b) and, thus, cannot satisfy the second

Sirlin v. Town of New Castle

15 A.D.3d 387 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2005

Moreover, contrary to the defendants’ contention, the factual allegations in the complaint did not establish that the defense of qualified immunity applies (see Colao v Mills, 3 AD3d 702 [2004]; Kubik v New York State Dept

Simmons v. State, Department of Children & Family Services

2015 La.App. 4 Cir. 0034 · Louisiana Court of Appeal · Jun 24, 2015

The Louisiana Legislature provided only ' limited immunity from liability to the coroner’s office. … Clearly, the death of a child shortly after admission to the hospital required a coroner investigation and, therefore, issuance of a death certificate by the coroner.

Conway v. County of Tuolumne

231 Cal. App. 4th 1005 · California Court of Appeal · Nov 24, 2014

discretionary immunity, consent was irrelevant. The trial court stated that the crux of the issue was discretionary immunity, which it found to be clearly present. … Relying primarily on Watts, the County asserts the gravamen of George’s complaint is the decision to use tear gas and contends that decision clearly was a discretionary one entitled to immunity.

Zimmerman v. Harrisburg Fudd I, L.P.

2009 Pa. Super. 202 · Superior Court of Pennsylvania · Oct 19, 2009

In its subsequent Pa.R.A.P. 1925 opinion the trial court explained the bank account was neither exempt under Pa.R.C.P. 3123.1 (Claim for Exemption or Immunity of Property. … CASPA § 505, however, clearly mandates the inception and continuation of statutory interest post-default until payment, and, therefore, qualifies as an exception to § 8101.

Brownsville Independent School District v. Jasmin Leal

Texas Court of Appeals, 13th District · May 25, 2023

In two issues, which we treat as one, BISD argues that the trial court erred in denying its plea because the jurisdictional evidence does not establish a waiver of its governmental immunity. … The Act waives immunity only for viable claims. See id.

Truel v. City of Dearborn

291 Mich. App. 125 · Michigan Court of Appeals · Dec 14, 2010

The delineated items in § 8 were clearly not intended to be an all-encompassing expression of the elements of an investigation that are considered confidential. … Because the privilege is qualified rather than absolute, it can be overcome by a sufficient showing of need. Ostoin, 189 Mich App at 338 .

Randal David Pepper v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 29, 2011

4 for tort alleged, and “that suit is brought under the Act when it is filed, not when waiver of immunity by the Act is established”). … Moreover, subsection 101.106(f) makes no reference to subsection 101.106(b) or otherwise suggests that it is an exception to the permanent immunity established under subsection 101.106(b).