Case law

Department of Human Resources v. Briarcliff Haven, Inc.

141 Ga. App. 448 · Court of Appeals of Georgia · Feb 28, 1977

L. 1973, pp. 1489, 1490; Code Ann. § 2-3710), which authorized the General Assembly to establish a State Court of Claims with jurisdiction over cases involving claims for damages against the state, its agencies, or political … Since the General Assembly has taken no action which would allow or sanction an action such as is here involved, the doctrine of sovereign immunity as clearly expressed in the Constitution must be followed.

Lienard v. DeWitt

143 So. 2d 42 · District Court of Appeal of Florida · Jun 29, 1962

Benson, Fla.App.1962, 136 So.2d 353 : “ * * * It appears to be established that witnesses and suitors in attendance in court outside of the territorial jurisdiction of their residence are immune from service of process while … DeWitt individually, the correlation is clearly insufficient to invoke the exception. The defendant, therefore, was correctly held to be within the general rule of immunity from service of process. Affirmed. SHANNON, C.

Ed Sivak v. Georgia Department of Natural Resources

Court of Appeals of Georgia · Mar 13, 2024

United States, the Tenth Circuit Court of Appeals held that “[t]he decision whether or not to post warning signs at Dinosaur National Monument [was] clearly discretionary as it involve[d] an element of judgment or choice … as it was by historical and aesthetic considerations, was based on a consideration of social, political, and economic factors29 and is “clearly [a] matter[ ] into which courts in general and judges in particular are ill

Darren B. Swain v. Corporal Jason Hutson, Officer Dora Dewall, Sergeant Daniel Henning, Court Clerk Norma Williams, Judge Stewart Milner, Judge Rosalia Maddock, and Does 1-5

Texas Court of Appeals, 2nd District (Fort Worth) · Oct 8, 2009

, in the titles of his first two issues, he asserts a A deprivation of his civil and Constitutional rights under color of law [under section 1983]. @ And in his prayer, he asks us to remand this case A with instructions establish … and Levitra helps patients with erectile dysfunction. [3] It is unclear from reading appellant = s petition what the police thought appellant was attempting to buy or sell. [4] Appellant also discusses issues related to qualified

City of St. Joseph v. Dewayne A. Leer

474 S.W.3d 196 · Missouri Court of Appeals · Nov 3, 2015

He argues the 3 dictionary defines "billiard parlor" as "a room in which billiards is played" and that, because billiards is played in his establishment, Uncle D's qualifies … The definitions and exemptions contained in the 1993 Article are simply 7 The definition of what qualifies as a bar is more limited in the 1993 Article than in the 2014 Article in that it was limited to establishments

ENGIE IR Holdings LLC and Hamlin Collegiate Independent School District v. Kelly Hancock, Acting Texas Comptroller of Public Accounts

Texas Court of Appeals, 15th District · Sep 18, 2025

Villareal told the representatives “that the applicant Engie Solar NA LLC was required to be ‘active’ with the Texas Secretary of State’s office before the Project would qualify for the tax limitation under the TEDA and an … Standard of Review As one of six officers constituting the state’s executive department,13 the Comptroller is entitled to sovereign immunity.14 Sovereign immunity from suit 12 It contends that the Comptroller

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

Crabtree v. Cook

196 Ohio App. 3d 546 · Ohio Court of Appeals · Nov 1, 2011

The first tier is the general rule that a political subdivision is immune from liability incurred in performing either a governmental function or proprietary function. However, that immunity is not absolute. … Nothing in these discussions precludes the conclusion that some conditions may fit the definition of both an obstruction and a nuisance; in fact, most obstructions are nuisances on some level, even if not all nuisances may qualify

Blakemore v. Catholic Charities of the Archdiocese of Chicago

2025 IL App (1st) 240985 · Appellate Court of Illinois · Jun 23, 2025

Department makes no representation that Vendor, an independent contractor, will qualify or be eligible for indemnification under said Act. … the state, implicating sovereign immunity.

McLaughlin v. Oxley

297 P.3d 1007 · Colorado Court of Appeals · Jul 5, 2012

We review de novo whether the court should have entered summary judgment as to such statutory immunity. 8 Summary judgment is appropriate only if the pleadings, affidavits, depositions, or admissions in the record establish … .2d at 500 (where the plain language of the statute is clear and unambiguous, "the statute should be construed as written, giving full effect to the words chosen, as it is presumed that the General Assembly meant what it clearly

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).

Fidler v. Workmen's Compensation Appeal Board

83 Pa. Commw. 155 · Commonwealth Court of Pennsylvania · Jun 11, 1984

was in the trial court proceeding 5 before, or as a part of, the third-party settlement. *164 Of course, the subrogation right as provided in Section 319 of the Act to which the insurance carrier herein is entitled, is a qualified … The 1974 version of this Section granted absolute immunity to the employer for its negligently inflicted injuries to its employe. Tsarnas v. Jones & Laughlin Steel Corp., 488 Pa. 513 , 412 A.2d 1094 (1980).

Erickson Oil Products, Inc. v. State

184 Wis. 2d 36 · Court of Appeals of Wisconsin · Apr 5, 1994

Because the State legislature has not clearly and expressly consented to be sued, the *41 State retained its sovereign immunity, and because there is no right to hold a sovereign liable and, in any event, a remedy is available … Erickson does not dispute that under the sovereign immunity rule, the State cannot be sued unless it con *43 sents. See WlS. CONST, art. IV, § 27. 3 Additionally, the consent must be clearly and expressly stated.

John Scott Fleming v. Land Commissioner of the State of Texas and City of Corpus Christi

Texas Court of Appeals, 13th District · Feb 25, 2010

–Austin 2009, pet. filed) (holding that sovereign immunity bars a declaratory judgment claim wherein the plaintiff sought a declaration establishing title to property also claimed by the State) (citing Tex. A&M Univ. … But the cited cases clearly recognize that when officials of the state are the only defendants, or the only remaining defendants, and they file a plea to the jurisdiction based on sovereign immunity

City of Houston, Texas v. 4 Families of Hobby, LLC, 4 Families of Houston, LLC and Pappas Restaurants, Inc.

Texas Court of Appeals, 1st District (Houston) · Aug 6, 2024

Rather, these provisions clearly provide that the employees “may” perform these functions or, at most, “have the right” to do so. … Section 271.152 waives qualifying local governmental entities’ immunity from suit for certain breach-of-contract claims, providing: A local governmental entity that is authorized by statute or the subject to

Rizzo v. Board of Educ. of E. Aurora Union Free Sch. Dist.

2026 NY Slip Op 01692 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2026

Plaintiff, who has a genetic immune deficiency, requested an accommodation allowing her to work remotely and teach from her home to avoid exposure to groups of people and shared facilities . … To establish a prima facie case of discrimination under the NYSHRL, a plaintiff must establish, inter alia, that they were "otherwise qualified to perform the essential functions of the position, with or without a reasonable

Susan Combs, in Her Official Capacity as Comptroller of Public Accounts for the State of Texas v. City of Webster, Webster Economic Development Corporation, City of Denton, City of Humble, City of Lewisville, City of Mesquite, City of North Richland Hills, City of Plano, City of Waco, Denton County Transportation Authority

Texas Court of Appeals, 3rd District (Austin) · Oct 2, 2009

This portion of the definition is not qualified or conditional in any way on the portion of the definition referring to a retailer’s “purpose” for the location. … Appellees contend that the RoomStore warehouse does not qualify under the Comptroller’s own guidelines.

Resnick v. Town of Canaan

38 A.D.3d 949 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 2007

Moreover, Supreme Court correctly determined that the individual respondents were not entitled to summary judgment based on the doctrine of qualified immunity. … The competing competent admissible evidence in the record clearly establishes triable issues of fact (see Speller v Sears, Roebuck & Co., 100 NY2d 38, 44 [2003]).

State Dept. of State Hospitals v. Super. Ct.

California Court of Appeal · Oct 30, 2013

It also does not clearly allege whether the Department of Corrections8 conducted a screening of Pitre and 8 The complaint refers to the “Department of Corrections and Rehabilitation” instead of the “Department of … Generally, public entities and employees enjoy statutory immunity for discretionary policy decisions, but do not have immunity for ministerial administrative acts. (Tarasoff v.

Swainbank v. Coombs

19 Conn. Super. Ct. 391 · Connecticut Superior Court · May 18, 1955

The statute clearly provides for indemnification from loss, not indemnification from liability. Cf. Shea v. United States Fidelity & Guaranty Co., 98 Conn. 447, 451 ; General Statutes § 6191; Bartlett v. Travelers Ins. … It is perfectly correct that the fact that Coombs’s liability must first be established before there is any liability on the part of the board of education is no bar to a joinder.