Case law

Buford-Thompson Company, LLC D/B/A BTC v. Rankin Independent School District

Texas Court of Appeals, 8th District (El Paso) · Apr 21, 2025

District counsel argued the trial court lacked jurisdiction because BTC could not establish a waiver of governmental immunity. … Section 176.013 clearly outlines the applicable criminal offense and designates misdemeanor offense levels based on the subject contract’s monetary value.

County of Hidalgo v. Cantu, Jose G., Sr., and San Juana Cantu, Individually, and A/N/as of Mari Cruz Cantu, a Minor Child And as Representatives of the Estates of Roberto G. Cantu, and Jose G. Cantu, Jr.

Texas Court of Appeals, 13th District · Oct 26, 2000

Hidalgo County filed a plea to the jurisdiction, arguing that the County is immune from suit in this case because the Cantus failed to show that their case qualified under any of the statutory waivers of sovereign immunity … A party suing a governmental entity must establish a waiver of immunity either by reference to a statute or express legislative permission. Id .

Combs v. Town of Belhaven, NC

106 N.C. App. 71 · Court of Appeals of North Carolina · Apr 7, 1992

According to G.S. 160A-485(a), however, a town may waive this immunity by purchasing liability insurance. … These contractual provisions clearly exclude coverage for the claims set forth by plaintiff. Coverage A, however, does not contain an exclusion for such acts committed by a Law Enforcement Employee.

Stellar Virtual Texas v. Sandra Aguilar

Texas Court of Appeals, 13th District · May 14, 2026

She pleaded the following: [Aguilar] is (1) qualified for her position as a [s]pecial [e]ducation [t]eacher as she has the educational qualifications for the position; (2) [Aguilar] was subjected to … (“It is a well-established rule in Texas that if a judgment rendered . . . does not dispose of the entire controversy, it is interlocutory in nature and not a final judgment from which an appeal will lie.”).

the Housing Authority of the City of Dallas Texas v. Kimberly Nelson,et Al

Texas Court of Appeals, 5th District (Dallas) · Mar 23, 2015

We cannot say that DHA established the contrary proposition as a matter of law. See Croucher, 660 S.W.2d at 58. … DHA concludes “the relevant section of the Property Code does not contain language that ‘clearly and unambiguously’ waives immunity for claims for attorney’s fees against a non-party governmental entity.”

Holland v. City of Poughkeepsie

90 A.D.3d 841 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 2011

If found to be objectively reasonable, the officer’s actions are privileged under the doctrine of qualified immunity (see Hayes v City of Amsterdam, 2 AD3d 1139, 1140 [2003]; Higgins v City of Oneonta, 208 AD2d 1067 , 1071 … These triable issues of fact with respect to whether *846 Labrada’s evaluation of probable cause was objectively reasonable preclude an award of summary judgment in favor of Labrada on the ground of qualified immunity (see

Chemical Bank v. National Union Fire Ins.

70 A.D.2d 837 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 1979

We are satisfied that defendant failed to sustain its burden of establishing the privileged character of the documents (Koump v Smith, 25 NY2d 287 ), and the order accordingly is reversed. … As to such documents when developed prior to litigation, the rule is: "Multi-motived reports do not warrant the immunity if litigation is but one of the motives.”

Bonnette v. Tunica-Biloxi Indians

873 So. 2d 1 · Louisiana Court of Appeal · Mar 24, 2004

In finding that the Tribe did not waive its sovereign immunity in the Tribal-State compact, the trial court concluded: These specific clauses ... clearly confirm to this Court that the Tribe has not waived sovereign immunity … While there is some support for a waiver of immunity by the Tribe in the Tribal-State Compact, that support is too ambiguous. A waiver of immunity must be clearly expressed and unequivocal. Kiowa Tribe of Oklahoma v.

Rhiver v. Rietman

148 Ind. App. 266 · Indiana Court of Appeals · Dec 28, 1970

Immunity is a central consideration to this noble goal. … We think the examining physician’s privilege from civil liability may be qualified where malpractice is demonstrated.

SSC Missouri City Operating Company, LP SSC Richmond Operating Company, LP HMG Park Manor of Quail Valley LLC Rosenberg Health & Rehabilitation Center LP and Nexion Health at Beechnut, Inc. v. Texas Department of Aging and Disability Services And Adelaide Horn, Individually and in Her Official Capacity as Commissioner of the Texas Department of Aging and Disability Services

Texas Court of Appeals, 3rd District (Austin) · Dec 8, 2009

BACKGROUND The legislature has charged the Department to administer the Medicaid program in Texas to provide health care services for citizens who qualify for Medicaid. Tex. Hum. Res. … Once certified, a nursing facility may apply to the Department for an allocation of Medicaid beds to provide nursing home services to qualified Texas citizens. Id. § 19.2322.

Strayer v. Barnett

94 N.E.3d 156 · Ohio Court of Appeals · Jun 30, 2017

, they are not immune under R.C. 2744.03(A)(6). … Standard for Immunity under R.C. 2744.03(A)(6) {¶ 37} R.C. 2744.03(A)(6) grants employees of political subdivisions immunity from liability, unless any of three exceptions to that immunity apply.

Black v. McDermott Intern. Inc.

692 So. 2d 724 · Louisiana Court of Appeal · Apr 2, 1997

Gervais Favrot Co., Inc., 537 So.2d 381 (La.App. 4 Cir.1988), this court held that LSA-R.S. 23:1061 must be read disjunctively and the employer qualifies for the two-contract defense if he proves the existence of a general … The two-contract defense is established in our caselaw which is binding upon us unless altered by the Supreme Court's Kirkland decision.

Plush v. Cincinnati

164 N.E.3d 1056 · Ohio Court of Appeals · Dec 16, 2020

Therefore, the second characteristic of the physical-defect exception cannot be established. {¶32} Because the Plushes cannot establish the second characteristic, the immunity exception contained in R.C. 2744.02 … Clearly, as alleged in the complaint, this conduct was negligent. Especially when considering that the officers were listening to music and were eating during the search.

Greensun Group Llc v. City Of Bellevue

436 P.3d 397 · Court of Appeals of Washington · Mar 4, 2019

Because 19 qualified applicants sought to open shops in Bellevue, the LCB held a lottery on May 2, 2014. Greensun ranked fifth. … Discretionary Immunity Second, the City argues its actions were privileged based on discretionary immunity. When the legislature passed RCW 4.92.090, it abolished sovereign immunity.

Herrin v. Perry

215 So. 2d 177 · Louisiana Court of Appeal · Oct 31, 1968

In Hamilton, the grounds of the plea of immunity was the previously well established rule that an action ex delicto does not lie against a municipality for an offense committed by its employees while engaged in the performance … We discussed the question of whether the 1960 amendment to Article 3, Section 35 of the Louisiana Constitution established a general waiver of immunity. We noted particularly the case of Pittman Construction Company v.

Ramos v. the City of Pueblo

2001 Colo. J. C.A.R. 2832 · Colorado Court of Appeals · Jun 7, 2001

The burden of establishing that immunity has been waived under the Governmental Immunity Act (GIA) is on the plaintiff. Capra v. Tucker, 857 P.2d 1346 (Colo.App.1993). … The trial court's resolution of this issue will be upheld unless it is clearly erroneous. Trinity Broadcasting of Denver, Inc. v. City of Westminster, 848 P.2d 916 (Colo.1993).

People v. Superior Court (Taylor)

53 Cal. App. 3d 996 · California Court of Appeal · Dec 22, 1975

defendant. *1001 Kaufman established that the trial court has “jurisdiction” to grant immunity to a defendant in a civil proceeding. … Under section 1324, discussed in Kaufman ( 12 Cal.3d at p. 426 ), the court is required to “order the question answered or the evidence produced unless it finds that to do so would be clearly contrary to the public interest

Conley v. Wapakoneta City School Dist. Bd. of Edn.

195 N.E.3d 1061 · Ohio Court of Appeals · Aug 22, 2022

. {¶26} The second tier of the analysis involves establishing if any of the five exceptions to immunity that are listed in R.C. 2744.02(B) lift the sovereign immunity and expose the political subdivision to liability … Thus, Wapakoneta City School District is a political subdivision generally entitled to immunity pursuant to R.C. 2744.02(A)(1). {¶30} With immunity generally established and the first tier of the immunity analysis

Rotolo v. San Jose Sports & Entertainment, LLC

59 Cal. Rptr. 3d 770 · California Court of Appeal · May 24, 2007

As initially enacted, Civil Code section 1714.21 provided a qualified immunity for any person who in good faith rendered emergency care by the use of an AED at the scene of an emergency, so long as the person had completed … An assistant manager of the establishment called for an ambulance but did not attempt to give first aid.

Amantia v. Cantwell

89 N.J. Super. 7 · New Jersey Superior Court Appellate Division · Aug 9, 1965

The legislative history of these statutes, in our judgment, clearly and conclusively establishes that technicians, such as the petitioners, are covered by their provisions. … Scott, 11 N.J. 231 (1953), reaffirmed the long-established principle that the State of New Jersey, its agencies and authorized officials when acting in their official capacities are immune from suit unless there is specific