Case law

Orange Stones Co. v. City of Reading

87 A.3d 1014 · Commonwealth Court of Pennsylvania · Mar 21, 2014

First, a party may raise the affirmative defense of immunity as a preliminary objection where it is clearly applicable on the face of the complaint; that is, that a cause of action is made against a governmental body and … In and of themselves, these averments are markedly insufficient to establish that Lachat possessed the wrongful intent necessary to overcome the official/governmental immunity conferred to him by the Tort Claims Act.

Robinson v. Brannon

313 S.W.3d 860 · Texas Court of Appeals, 14th District (Houston) · May 20, 2010

Accordingly, immunity afforded by this statute requires that the person asserting immunity establish that (1) he or she is a professional employee of a school district, (2) he or she is acting incident to or within the scope … Section 22.0517 clearly provides that “the employee (party) is entitled to recover” if he or she is found to be immune from liability. See id.

Dallas County v. Wadley

168 S.W.3d 373 · Texas Court of Appeals, 5th District (Dallas) · Aug 1, 2005

Clearly, we have jurisdiction over the denial of the County’s plea to the jurisdiction. … Thus, the County is immune from suit unless the Tort Claims Act expressly waives immunity.

Ahern v. State

244 A.D.2d 7 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1998

Claimants’ opposition to this branch of the State’s dismissal motion is based upon the Supremacy Clause 2 and the principle that “States may establish the rules of procedure governing litigation in their own courts * * * … will bow to the overriding interest in enforcing the clearly established rights of parties under controlling Federal law (see, Howlett v Rose, 496 US 356, 367 ; Felder v Casey, supra, at 144 ; Employees v Missouri Pub.

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.

Dresser Industries, Inc. v. Commonwealth

146 Pa. Commw. 114 · Commonwealth Court of Pennsylvania · Mar 2, 1992

DER is clearly an “agency of state government” and, under the terms of the act, a “person” who can be sued. 3 *123 DER also makes with some force the argument that immunity must be specifically waived by the legislature. … We certainly recognize this established principle, but such waiver is not confined to the specific words “immunity is waived” and certainly includes words which permit a cause of action against a person, as does Section 601

Mark and Rhonda Lesher v. Shannon and Gerald Coyel and Val Varley

435 S.W.3d 423 · Texas Court of Appeals, 5th District (Dallas) · Jun 16, 2014

The Leshers contend Varley did not establish that he was entitled to absolute immunity. They also assert Varley’s conduct was in the clear absence of all jurisdiction and was thus unprotected. … The Leshers first contend Varley did not establish he was entitled to absolute immunity.

Kroh v. Kroh

152 N.C. App. 347 · Court of Appeals of North Carolina · Aug 20, 2002

We conclude that the record on appeal supports the trial court’s determination that Teresa Kroh acted with actual malice, thus negating any qualified immunity she otherwise would have enjoyed under G.S. § 7B-309 for her statements … immunity under G.S. § 7B-309.

Elite Care, RX v. Premier Comp Solutions

296 A.3d 29 · Superior Court of Pennsylvania · May 23, 2023

As stated above, the WCA establishes the exclusive forum for resolution of both payment disputes and alleged mismanagement of workers’ compensation claims. … Workers’ compensation judges are uniquely qualified to make such decisions due to their expertise in the area of workers’ compensation law.

Central Va. Obstetrics,et al v. Lawanda P. Whitfiel

Court of Appeals of Virginia · Jan 13, 2004

First, it is a non sequitur to assert that a disability — as that term is specifically defined and qualified in the statute — always precedes death or is subsumed by it. … It includes multiple provisions defining its terms, describing its scope, and qualifying its reach.

Texas Department of Health v. Simon Rocha

Texas Court of Appeals, 13th District · Mar 27, 2003

On October 7, 1997, appellants filed a plea to the jurisdiction and special exceptions, asserting that sovereign immunity and qualified immunity barred all claims against TDH and the named TDH employees. … For the trial court to have jurisdiction, the plaintiff who sues the state under state law must establish a waiver of sovereign immunity by: (1) alleging legislative consent to such suit in his petition, either by reference

Est of Henry Henderson v. Bd of Hosp Managers for City of Flint

Michigan Court of Appeals · Aug 22, 2024

The alleged acts, omissions, and injuries were wholly unrelated to the pandemic, so deeming defendant immune would contravene the Legislature’s clearly-communicated intent to limit this immunization to services stemming from … Therefore, there was immunity in Warren but there is no immunity here. III.

Petroleum Traders Corp. v. State

190 N.C. App. 542 · Court of Appeals of North Carolina · May 20, 2008

Defendants assert that the Declaratory Judgment Act does not waive sovereign immunity, and Plaintiff concedes that it “has not relied on the Declaratory Judgment Act to establish the absence of sovereign immunity.” … We agree, and conclude that the waiver of sovereign immunity established by Corum does not extend to Count I or II of Plaintiff’s complaint.

The City of El Paso, Texas v. R.K.

Texas Court of Appeals, 8th District (El Paso) · Oct 29, 2024

C: R.K has Failed to Allege and Establish the Existence of Sufficient Facts to Invoke a Waiver of the City’s Immunity to Maintain an Action for Injunctive Relief A governmental entity such as the City of … Here, Appellee has failed to allege and establish facts sufficient to establish a waiver of the City’s immunity. Appellee does not challenge the statute’s constitutionality or has not done so properly.

Bryant v. Demoura

111 N.E.3d 1112 · Massachusetts Appeals Court · Oct 9, 2018

Finally, even assuming, arguendo, that the defendants' violated the plaintiff's constitutional rights, they are entitled to qualified immunity because the rights the plaintiff claims were not so clearly established that reasonable

Texas Parks & Wildlife Department v. Callaway

971 S.W.2d 145 · Texas Court of Appeals, 3rd District (Austin) · Jun 11, 1998

Clearly, one purpose of Callaway’s suit is to establish the validity of the rights and obligations granted in the easement. … Since Callaway primarily seeks money damages, his request for declaratory judgment does not fit under the exception to sovereign immunity established in Cobb .

Nariocan Enterprises LLC D/B/A Cantu's Pharmacy v. the Texas Health and Human Services Commission

Texas Court of Appeals, 15th District · Jan 24, 2025

Sovereign immunity encompasses two distinct principles: immunity from suit and immunity from liability. Id. … Id. at 30770-71 (emphasis added); see 42 U.S.C. 247d-6d(b)(8) (“During the effective period of a declaration . . . no State or political subdivision of a State may establish, enforce, or continue in effect with respect

Crew v. Advics Mfg. Ohio, Inc.

2020 Ohio 328 · Ohio Court of Appeals · Feb 3, 2020

Crew further argued that summary judgment was inappropriate as AMO failed to establish it had paid premiums into the state insurance fund to provide coverage for Crew, thereby denying it the right to immunity under Ohio's … "A customer of a staffing agency may pay the workers' compensation premiums either directly or indirectly to qualify for immunity under R.C. 4123.74." Id., citing Foran v.

Bostic Packaging, Inc. v. City of Monroe

149 N.C. App. 825 · Court of Appeals of North Carolina · Apr 16, 2002

The Court stated that the “establishment and construction of a sewer system by a municipality are governmental functions entitling it to immunity from negligence.” Id. at 610 , 261 S.E.2d at 300-01 . … immunity.

Boney v. Worley

261 S.W.3d 641 · Missouri Court of Appeals · Sep 2, 2008

Cass County argues that the intersection did not qualify as a dangerous condition exception to sovereign immunity under section 537.600. 1 Section 537.600.1(2) provides that an exception to sovereign immunity arises through … Cass County further states that waiving sovereign immunity under the statute is to be strictly construed, and the burden is on the plaintiffs to establish an exception to the general rule.