Case law

Fernando Yates v. Houston Independent School District

Texas Court of Appeals, 1st District (Houston) · Nov 13, 2025

The Notice of Trial Setting from the Justice Court Harris County, Precinct 1, Place 1 clearly prove it. … he pled facts sufficient to establish the District waived its immunity.

United States v. Morrison

28 So. 3d 94 · District Court of Appeal of Florida · Dec 31, 2009

The record clearly established no such consideration existed, because Tonokaboni was unaware of the kind of instrument she had signed and did not know its legal effect. Id. … Morrison, and there was no accord and satisfaction established by Appellees. II.

Kuebel v. Department of Wildlife & Fisheries

2008 La.App. 4 Cir. 1018 · Louisiana Court of Appeal · Apr 15, 2009

NICTD conceded that the ITCA provided qualified consent for suits against the state. Id. at 540 . … Lyles, 797 So.2d 432, 438 (Ala.2001)(holding that the state of Alabama was immune from suit for FELA claims and that the state constitution definitively established that sovereign immunity was not waived). 12 .

Tarpy v. County of San Diego

1 Cal. Rptr. 3d 607 · California Court of Appeal · Jul 7, 2003

Tarpy’s father was willing to pay what he believed was a $120 fee, but Officer Wix encouraged him to claim Luke from the animal shelter for $45; Officer Wix neglected to mention, however, that Luke would only qualify for … Immunity under Section 30804.7 Section 30804.7 establishes mandatory fines for impounded dogs that are not spayed or neutered and specifies that funds collected from the fines are to be expended for humane education, programs

Arteman v. Clinton Community Unit School District No. 15

317 Ill. App. 3d 453 · Appellate Court of Illinois · Nov 22, 2000

App. 3d at 809 , 704 N.E.2d at 424 (in which this court concluded that a park district coach’s decisions regarding what equipment and safety precautions were needed during tumbling maneuvers qualified “as the making of policy … The court further explained that the “public policy considerations in authorizing, and indeed encouraging, teachers to have broad discretion and latitude in the former situation quite clearly do not apply” where the issue

Cooper v. Grace Baptist Church of Columbus, Ohio, Inc.

81 Ohio App. 3d 728 · Ohio Court of Appeals · Jul 9, 1992

A directed verdict at that juncture of the proceedings is clearly permitted under Civ.R. 50(A)(1). … Since the doctrine of charitable immunity no longer insulates religious institutions and other nonprofit organizations from tort liability, Albritton v.

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.

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 .

Reed v. Yor-Wil, Inc.

406 So. 2d 236 · Louisiana Court of Appeal · Oct 12, 1981

The Louisiana Supreme Court clearly rejected conclusionary allegations in Bazley, and required allegations of material facts to state a cause of action. … R.S. 23:1032, thereby losing the immunity from tort liability; (b) the immunity from tort liability granted an employer by La.

Weeks v. Harris County Hospital District

785 S.W.2d 169 · Court of Appeals of Texas · Jan 18, 1990

In all of these cases the state agency provided equipment that failed to provide for the established needs of the individual; the materials were therefore defectively incomplete for their intended use. … Unlike the instant case, however, in Salcedo there was clearly a misuse of property as the attending physician failed to correctly read and interpret the electrocardiogram graphs. Id. at 33 .

Thompson v. Lyndhurst

2019 Ohio 3277 · Ohio Court of Appeals · Aug 15, 2019

The police officer does not have qualified immunity for actions that amount to violations of 42 USC Sec. 1983 when they are actions of unlawful detention, malicious prosecution, and abuse … In order for the city to have lost its immunity in this case, Thompson would have had to establish an exception to the city’s immunity under R.C. 2744.02(B)(1)-(5).

State v. Soriano

68 Or. App. 642 · Court of Appeals of Oregon · Jun 13, 1984

The New York Court of Appeals stated this position clearly in People ex rel Hockley v. … falls short of that constitutionally-required minimum. 20 First of all, use and derivative use immunity does not clearly protect against non-evidentiary as well as evidentiary *663 use of the immunized testimony.

McGee v. Tucoemas Federal Credit Union

63 Cal. Rptr. 3d 808 · California Court of Appeal · Aug 2, 2007

These exceptions were not established by appellants. Accordingly, the trial court correctly concluded that appellants were not immune from the punitive damage award. … Since appellants have failed to clearly show the applicability of an exception to this waiver presumption, sovereign immunity does not apply. 2.

Gundel v. Whalen Lawn & Landscaping, L.L.C.

2022 Ohio 1908 · Ohio Court of Appeals · Jun 6, 2022

. {¶8} Gundel responded by arguing that WLL was the employer and though Whalen was its sole member, he did not qualify as employer on the facts of this case. … ruling and finds Whalen is entitled to immunity under these statutory provisions.

Ray v. B. Keith Forgy, M.D., P.A.

245 N.C. App. 430 · Court of Appeals of North Carolina · Feb 16, 2016

Lastly, the trial court issued a qualified protective order authorizing the disclosure of log 305 to plaintiffs. … KEITH FORGY, M.D., PA., Opinion of the Court affidavits and the Medical Staff bylaws of Grace to establish that their MRCs qualified as MRCs pursuant to the meaning contemplated

Alfonso Mancera v. the City of Laredo, Texas and Luis F. Sosa, Jr., Fire Chief

Texas Court of Appeals, 4th District (San Antonio) · Mar 9, 2005

Qualified Immunity Qualified immunity is an affirmative defense; the burden is on the City and Sosa to establish each element of the defense. City of Lancaster v. Chambers , 883 S.W.2d 650, 653 (Tex. 1994). … Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Chambers , 883 S.W.2d at 656 .

Meyer v. Walls

122 N.C. App. 507 · Court of Appeals of North Carolina · Jun 4, 1996

It is well-established in North Carolina that the common law doctrine of sovereign immunity “prevents a claim for relief against the State except where the State has consented or waived its immunity.” … We recognize that those activities are discretionary in nature and clearly within the scope of defendant’s official duties.

Eady v. State

229 So. 3d 434 · District Court of Appeal of Florida · Oct 20, 2017

Seliman-Tapia, 134 So. 3d 536, 539 (Fla. 3d DCA 2014) (holding that defendant need not establish that he was not engaged in unlawful activity under section 776.012). … Our court disagreed and held (1) that a person may pursue immunity if they qualify "under either section 776.012(1) or 776.013(3)"; (2) that section 776.012(1) does not preclude immunity where the person who uses force

Kenneson v. Eggert

196 Conn. App. 773 · Connecticut Appellate Court · Mar 31, 2020

We begin with the well established standard of review for reviewing a trial court’s decision on a motion to dismiss. … In making that determination, the court must decide as a matter of law whether the . . . statements are sufficiently relevant to the issues involved in a pro- posed or ongoing judicial proceeding, so as to qualify for the

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.