Case law

B.B.S., a minor child, G.S.S., a

191 So. 3d 528 · District Court of Appeal of Florida · May 11, 2016

does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. … Therefore, there is clearly a right, even a fundamental one, for which a fact, maternity, depends. Thus, the trial court had jurisdiction to establish maternity under Chapter 86.

Ex Parte Robert Burns Springsteen IV

Texas Court of Appeals, 3rd District (Austin) · Feb 9, 2015

To qualify for compensation, an applicant must proceed and qualify under The Act itself.6 The UDJA cannot be used to bootstrap an attempt to qualify to receive compensation under The Act because a declaratory judgment … CONCLUSION AND PRAYER In conclusion, this court does not have jurisdiction over this action because Appellant failed to plead facts necessary to establish a waiver of sovereign immunity, has filed a defective pleading

James C. Rhea, Individually and as Ad Litem for Margaret Rhea v. Norman Sapp

463 S.W.3d 370 · Missouri Court of Appeals · Mar 3, 2015

Clearly, the court, as it stated in its judgment, considered much more than the two paragraphs of stipulated facts filed by the parties. … In arguing that Sapp did not establish that he was entitled to official immunity, Rhea correctly notes that we must view the record in the light most favorable to the judgment.

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

ROBERTO ESTAPE v. STANLEY B. SEIDMAN, PH.D. and STANLEY B. SEIDMAN PH.D., P.A.

269 So. 3d 565 · District Court of Appeal of Florida · Apr 24, 2019

Here, it is clear that the statute establishes the confidentiality of psychotherapist communications and very limited means of waiving that privilege. … A parent may have to overcome the presumption of good faith, but the statute clearly allows litigation and does not provide for absolute immunity for the psychologist.

M.J. Brouillette v. T. Wolf, Governor

213 A.3d 341 · Commonwealth Court of Pennsylvania · Jul 2, 2019

Respondents also assert that the Senate and House Respondents are protected by legislative immunity and/or sovereign immunity. … to which immunity has been waived.

Keller v. Carroll Cty. Bd. of Commrs.

2022 Ohio 3526 · Ohio Court of Appeals · Sep 30, 2022

When a political subdivision establishes general immunity, the burden shifts to the plaintiff to demonstrate one of the exceptions to immunity applies. Allied Erecting Dismantling Co. v. … R.C. 2744.02(B)(3). {¶18} The Ohio Supreme Court has clearly defined when the “in repair” exception applies. Pelletier, supra.

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

Texas Court of Appeals, 15th District · Jun 4, 2026

Standard of Review and Governing Law Unless the Legislature has clearly and unambiguously waived sovereign immunity, the State and its agencies retain immunity from suit. Christ v. Tex. … But to establish jurisdiction under Section 2001.038, a claimant must challenge a “rule.” Gant v. Abbott, 574 S.W.3d 625, 631 (Tex. App.—Austin 2019, no pet.)

Leon Greenblatt v. Sewerage & Water Board of New Orleans, B&K Construction Co., LLC, Cajun Constructors, LLC, Linfield, Hunter & Junius, Inc. and Boh Bros Construction Co., LLC

Louisiana Court of Appeal · Dec 20, 2019

the finding is clearly wrong (manifestly erroneous). … At the outset, we note that “trial court is afforded wide discretion in determining whether expert testimony should be admitted and who should or should not be qualified as an expert;” thus, “the decision to qualify an

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.

Both v. Collins

339 Ill. App. 437 · Appellate Court of Illinois · Feb 21, 1950

The instruction is clearly bad and we see no alternative to deciding that the giving of the instruction was reversible error. In aid of a new trial, we think we should decide a vital question of law presented to us. … Presently in Illinois the doctrine of immunity of public corporations in performance of governmental functions except when liability is imposed by statute is well established. Taylor v. Berwyn, 372 Ill. 124, 128 .

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.

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.

McGeary v. Leader Publishing Co.

52 Pa. Super. 35 · Superior Court of Pennsylvania · Oct 14, 1912

The privilege *47 here under consideration is not absolute, but qualified. … In short, it was not the province of the court to pass on the credibility of the witnesses and' to declare that the facts necessary to establish the defense were conclusively established.

Dekalb County School District v. Elaine Gold

Court of Appeals of Georgia · Nov 20, 2012

superintendent9 enjoy sovereign immunity.10 Indeed, it is well established that the sovereign can not 6 Bonner v. … Employees’ Retirement System of Georgia44 that the Employees’ Retirement System was estopped from denying benefits as they were established prior to Judge Quillian’s retirement.45 The result in Quillian is qualified as

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.

William D. Layton v. City of Fort Worth, City of Fort Worth Employees' Retirement Fund, and Board of City of Fort Worth Employees' Retirement Fund

Texas Court of Appeals, 2nd District (Fort Worth) · Dec 11, 2014

in the absence of a clear and unambiguous waiver of immunity, and Layton failed to establish such a waiver for each of his claims, and, alternatively, (2) regarding Layton’s claims that do not allege a constitutional … These numerous conditions and requirements all but guarantee that a qualifying member has but a mere expectancy in receiving disability benefits under the Fund.

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.