Case law

Scher v. Purkett

847 S.W.2d 76 · Missouri Court of Appeals · Jun 30, 1992

The respondent prison officials insist upon their immunity from suit under the official immunity and public duty doctrines. … Policy-making entails developing a means *79 to an end, and necessarily involves discretionary functions clearly within the scope of official immunity. See Kanagawa, 685 S.W.2d at 836-37 .

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.

City of Haltom City, Texas v. Nickolas Forrest

Texas Court of Appeals, 2nd District (Fort Worth) · Feb 25, 2021

Likewise, under parallel federal law, it is well established that a false or negative employment reference may qualify as an adverse employment action. … Clearly, knowing that one would receive a negative reference for complaining about discrimination could dissuade a person from making the charge in the first instance. Id. at *8.

McDonald v. Penn Hills Township School Board

7 Pa. Commw. 339 · Commonwealth Court of Pennsylvania · Dec 29, 1972

However, as well as being a creature of the Legislature, it is also a political subdivision created by the Legislature and clearly within the context of the Local Agency Law.” 219 Pa. … The 1968 Constitution, however, necessitated a change in this situation, Section 9 of Article 5 establishing that there must be a right of appeal from any administrative agency to a court of record.

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

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.

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.”

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.

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

Zern Et Ux. v. Muldoon

101 Pa. Commw. 258 · Commonwealth Court of Pennsylvania · Oct 16, 1986

The history and scope of that provision of the constitution are fully and clearly set forth in Com. ex rel. Police Pension Fund Assn. v. … The men could enter burning buildings, but were explicitly ordered not to interfere with firefighters. 7 In Flagiello, the Supreme Court expressly rejected the charitable immunity doctrine as established in Boyd I and Boyd

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.

Jason Hoff v. Earl Surman

883 N.W.2d 631 · Court of Appeals of Minnesota · Aug 8, 2016

The specialist concluded that the “icy road conditions clearly were a factor in causing this accident.” … App. 1997) (holding that snow-and-ice immunity “protects government entities from liability for damages caused by the natural consequences of snow plowing when the plowing was done pursuant to established snow- removal

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.

Bookman v. Bolt

881 S.W.2d 771 · Texas Court of Appeals, 5th District (Dallas) · Jun 10, 1994

The purpose of the summary-judgment rule is not to provide either a trial by deposition or a trial by affidavit, but is to provide a method of summarily terminating a case when it clearly appears that only a question of law … “Absence” of Traffic Signal Appellants argue that they alleged facts to establish the City’s liability for the absence of a traffic light pursuant to section 101.-060(a)(2).

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

Glanden v. State

249 Md. App. 422 · Court of Special Appeals of Maryland · Feb 5, 2021

Based on those changes, we 14 concluded that “[t]he immunity covered by the 2014 legislation clearly covered, in Subsection (c), a person experiencing an overdose when another … In enacting Subsection (c), “the legislature clearly intended to provide limited immunity from arrest, charge, or prosecution, to a person experiencing an overdose if the evidence was obtained solely as a result of the

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.

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.

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.