Case law

Ray Darris Thompson v. Betty Hammond - Concurring

Court of Appeals of Tennessee · Apr 6, 1999

[Thompson] submits that the documents sought through discovery would clearly establish that the defendants engaged in unauthorized punishment of [Thompson]; that the defendants … are not immune from liability, and [would] clearly [show] that the defendants acted willfully, maliciously and criminally so that their conduct was outside the scope of their employment.

Mike Leach v. Texas Tech University

Texas Court of Appeals, 7th District (Amarillo) · Jan 20, 2011

Univ. , supra (wherein the court clearly held that executing a contract waives immunity from liability). … (Vernon 2004) are not barred by sovereign immunity. Id. §554.0035. Nonetheless, to enjoy that freedom to sue, the complainant must plead facts establishing jurisdiction.

Mike Leach v. Texas Tech University

Texas Court of Appeals, 7th District (Amarillo) · Jan 20, 2011

Univ., supra (wherein the court clearly held that executing a contract waives immunity from liability). … (Vernon 2004) are not barred by sovereign immunity. Id. §554.0035. Nonetheless, to enjoy that freedom to sue, the complainant must plead facts establishing jurisdiction.

Mike Leach v. Texas Tech University

Texas Court of Appeals, 7th District (Amarillo) · Jan 20, 2011

Univ., supra (wherein the court clearly held that executing a contract waives immunity from liability). … (Vernon 2004) are not barred by sovereign immunity. Id. §554.0035. Nonetheless, to enjoy that freedom to sue, the complainant must plead facts establishing jurisdiction.

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.

Howe v. Citizens Memorial Hospital of Victoria County

426 S.W.2d 882 · Court of Appeals of Texas · Mar 14, 1968

Constant is a qualified psychiatrist and neurologist, practicing his profession in Victoria and the surrounding area. … is immune from tort liability.

Jacobs v. City of Columbus ex rel. Police Department

454 N.E.2d 1253 · Indiana Court of Appeals · Oct 18, 1983

Other than the dicta in Seymour, we have found no case which qualifies the immunity granted in Ind.Code 34-4-16.5-8. The immunity in issue is a residue of the sovereign immunities enunciated in pre-Campbell cases. … conduct might otherwise be clearly established."

Below v. Dollar General Corp.

163 Ohio App. 3d 694 · Ohio Court of Appeals · Sep 12, 2005

Accordingly, Dollar General asserted that it was entitled to immunity under R.C. 4123.74. … Moreover, Shippers Interstate can best be described as an employment agency which supplied qualified drivers to Stanadyne. Id.

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.

Snedigar v. Hodderson

53 Wash. App. 476 · Court of Appeals of Washington · Feb 21, 1989

The record does not clearly establish when Snedi-gar discovered that this alleged conversion occurred. … The privilege is qualified, not absolute; therefore, it cannot be used as a blanket bar to discovery.

Robinson v. University of Texas Medical Branch at Galveston

171 S.W.3d 365 · Texas Court of Appeals, 14th District (Houston) · Jun 30, 2005

These duties clearly arise from the Willed Body Form that Mr. Robinson signed. This contract outlined and limited the duties UTMB owed to Mr. and Mrs. Robinson. … I believe that UTMB’s improper "use” of the ashes by mingling them with the ashes of other donated bodies qualifies as a use of tangible personal property. But, even though Mrs.

Collier, J. v. National Penn Bank

2015 Pa. Super. 246 · Superior Court of Pennsylvania · Nov 24, 2015

The immunity claim was of paramount importance in the regulation and cost of electricity. … We found that since Wyeth retained some control over the name-brand drug after 2001, the nature and extent of which was disputed, this was not a case involving the application of clearly established law to a given set

Matter of Fiorillo Bros. of NJ

242 N.J. Super. 667 · New Jersey Superior Court Appellate Division · Jul 23, 1990

Midcal Aluminum, Inc., 445 U.S. 97 , 100 S.Ct. 937 , 63 L.Ed. 2d 233 (1980), the Supreme Court announced the following test for immunity under the Sherman Act: These decisions establish two standards for antitrust immunity … However, the Legislature simultaneously recognized the need to regulate the industry, clearly intending to establish a comprehensive regulatory structure. N.J.S.A. 13:1E-2.

Ramos v. Texas Department of Public Safety

35 S.W.3d 723 · Texas Court of Appeals, 1st District (Houston) · Nov 30, 2000

Ultimately, the trial court dismissed all claims against Officer Kent by granting his motion for summary judgment, in which he asserted qualified immunity, as well as dismissing all claims against DPS pursuant to its amended … A defendant may obtain summary judgment by conclusively establishing all elements of an affirmative defense, such as immunity, as a matter of law. Id.; Jones v.

Gregorio Garza v. Blue Cross and Blue Shield of Texas, Inc. And Group Life & Health Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Dec 2, 1999

Garza appeals now on three issues: (1) appellees did not establish as a matter of law the elements of official immunity; (2) affidavits filed in support of Appellees' motion are incompetent proof because, among other things … In these circumstances, it cannot be said as a matter of law that Appellees established their affirmative defense of official immunity. See NF Indust. v.

Aronson v. Kinsella

58 Cal. App. 4th 254 · California Court of Appeal · Oct 10, 1997

The bare possibility that the proceeding might be instituted is not to be used as a cloak to provide immunity for defamation when the possibility is not seriously considered.” … It has been stated that “ ‘The distinction between absolute and qualified privileges is essentially that an absolute privilege confers immunity regardless of motive while a qualified privilege can be lost if the defendant

Jabo v. YMCA of San Diego Co.

California Court of Appeal · Sep 28, 2018

Nevertheless, the briefs on appeal have not pointed to anything in this record clearly establishing that when Respondent acquired and maintained five AEDs, it was doing so as a health studio that had to comply with the … Verdugo established that the existence of AED statutes is not incompatible with the obligation of the courts to examine the scope of common law duties of care, particularly because a business establishment can qualify

Commonwealth v. Bendas

131 Pa. Commw. 488 · Commonwealth Court of Pennsylvania · Feb 6, 1990

Thus, the majority holds that an abuse of this authority is tantamount to a breach of duty under the Judicial Code’s highway exception to sovereign immunity. … A dangerous condition of highways under the jurisdiction of a *495 Commonwealth agency created by potholes or sinkholes or other similar conditions created by natural elements, except that the claimant to recover must establish

Cuvo v. City of Easton

678 A.2d 424 · Commonwealth Court of Pennsylvania · Jun 24, 1996

Section 2 provides that “the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.” … “Durational” residency requirements “penalize those persons who have traveled from one place to another to establish a new residence during the qualifying period.” Dunn v.

NATASHA M. BAPTISTA, individually and as personal representative v. BRISTOL COUNTY SHERIFF'S DEPARTMENT (and a companion case ).

100 Mass. App. Ct. 841 · Massachusetts Appeals Court · Apr 15, 2022

from liability, based primarily upon immunities established in the Massachusetts Tort Claims Act (MTCA), G. … The doors to the holding cells are glass, and one can see clearly into the cells from this area. The video shows that Deschenes entered the holding area first.