Case law

Metro Louisville/Jefferson County Government v. Abma

326 S.W.3d 1 · Court of Appeals of Kentucky · Sep 4, 2009

It is well-settled that a city, such as Louisville, is a “municipal corporation” and as such it does not qualify for the protection afforded by sovereign immunity. Kentucky Center far the Arts Corp. v. … The City has cited cases establishing that Metro Louisville and Jefferson County enjoy sovereign immunity, but has cited no authority convincing us a city enjoys the same insulation or that a county or merged government may

Cook v. Senior

3 Kan. App. 278 · Court of Appeals of Kansas · May 8, 1896

Senior was the duly elected, qualified and acting *280 state senator of the fifteenth senatorial district of the state of Kansas. … This action brings this case clearly within the rule laid down in Chambers v. Bridge Manufactory, 16 Kan. 270 .

Webb v. STATE, DEPT. OF INSTITUTIONS

91 So. 2d 156 · Louisiana Court of Appeal · Nov 26, 1956

The State waived its Sovereign immunity and allowed itself to be sued by Act 163 of 1954. … State's immunity for liability for the negligence of its employees.

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.

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.

Mayor & City Cncl of Balt. v. Wallace

Court of Special Appeals of Maryland · Feb 1, 2024

Consistent with the General Assembly’s intent, the Recreational Use Statute does not shield local governments from the well-established common law principle that local governments are not immune from tort liability if performing … sovereign immunity in the future.

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.

Dean, M. v. Bowling Green-Brandywine

192 A.3d 1177 · Superior Court of Pennsylvania · Jul 2, 2018

They argued Appellants had failed to present evidence capable of establishing willful misconduct or gross negligence. Brandywine and Dr. … Allen is clearly distinguishable. Allen directs that once a patient is being treated for psychiatric issues, any contemporaneous medical treatment must be considered part and parcel of the psychiatric treatment.

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.

Rousseau v. City of Philadelphia

100 Pa. Commw. 173 · Commonwealth Court of Pennsylvania · Aug 29, 1986

That no duty was owed by the city is also established by recognizing that the agreement to inspect the work constituted a benefit which runs to the interest of the federal government, and not to appellant. … Appellant has thus not satisfied the strictures of the immunity exception. 2.

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.

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.