Case law

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.

Brady v. Bucyrus Police Department

194 Ohio App. 3d 574 · Ohio Court of Appeals · May 23, 2011

.” {¶11} In November 2009, defendants filed their answer, asserting sovereign immunity, qualified immunity, failure to state a claim upon which relief could be granted, statute of limitations, lack of personal and … Bd. of Mental Retardation & Developmental Disabilities, 150 Ohio App.3d 383, 2002-Ohio-6344, ¶ 26, citing Cater at 28. {¶45} For the purposes of the immunity statutes, the city qualifies for general immunity because

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.

Devore v. Pfizer Inc.

58 A.D.3d 138 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 2008

. *140 The Michigan statute creates an immunity against a claim that an FDA-approved drug is defective, unless the plaintiff can establish that: (1) the FDA revoked its approval of the drug; or (2) the manufacturer secured … [F]rom the perspective of influencing primary conduct, the forum where the product is sold is uniquely qualified to determine the controlling standards that reflect an equilibrium between its need for the product, and its

Melendez v. City of New York

109 A.D.2d 13 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1985

It was established to secure to the subject a right to appeal to his peers, under the immunity of secrecy and irresponsibility, before the government could bring him to trial. … Clearly, disclosure of Grand Jury testimony is not needed to establish the charge that the City failed to properly train and teach its police officers or that there was negligence in the hiring or retention of Medina.

Dixon Financial Services Ltd., and Hyperdynamics Corporation v. Greenberg, Peden, Siegmyer & Oshman, P.C., Gerald Siegmyer, Ron Bearden, and R. F. Bearden Associates, Inc.

Texas Court of Appeals, 1st District (Houston) · Mar 20, 2008

This qualified immunity generally applies even if conduct is wrongful in the context of the underlying lawsuit. Id. … This rule of qualified immunity focuses on the type of conduct in which the attorney engages rather than on whether the conduct was meritorious in the context of the underlying lawsuit. Id. at 288 .

Halle v. Banner Industries of N.E., Inc.

453 S.W.3d 179 · Court of Appeals of Kentucky · Dec 19, 2014

However, an exception to the finality rule has been recognized in the realm of absolute governmental immunity and qualified official immunity. The rule and its logic were explained in Breathitt County Bd. of Educ. v. … Rejecting the majority view, the Court held the filer was entitled only to a qualified privilege.

University of Texas Health Science Center at Houston v. Garcia

346 S.W.3d 220 · Texas Court of Appeals, 14th District (Houston) · Jul 26, 2011

on UT Health’s premises; and (2) whether Garcia alleged sufficient facts that, if proven, would establish a breach of that duty. … Garcia’s Allegations We next address whether Garcia’s allegations, if proven, would establish a waiver of sovereign immunity as measured by the duty of care UT Health owed to a trespasser under the Recreational Use Statute

Hardin v. PDX, Inc.

227 Cal. App. 4th 159 · California Court of Appeal · Jun 19, 2014

Treatment with this medication should be stopped unless it is clearly determined that the medicine did not cause the rash. … It has not been established at this juncture that WKH’s monographs are “truthful summaries” of official FDA proceedings, that they qualify as “public journals” for purposes of the section 47, subdivision (d) privilege, or

Rutgers v. Piluso

113 N.J. Super. 65 · New Jersey Superior Court Appellate Division · Jan 11, 1971

That result would be contrary to the expressed intent to establish Rutgers as the State's instrumentality to operate the State University. In Aviation Services v. … Supporting the presumption of immunity are the provisions of the 1956 act.

Hildahl v. Bringolf

5 P.3d 38 · Court of Appeals of Washington · Jul 28, 2000

The Act established "a system of compulsory state industrial insurance," under which "all awards are paid from the accident fund." Greenleaf v. … into the state industrial insurance fund. [17] Nor was Bringolf a qualified self-insurer. [18] U.S.

Wadewitz v. Montgomery

914 S.W.2d 239 · Texas Court of Appeals, 10th District (Waco) · Feb 14, 1996

Perhaps the majority is saying that negligence does not conclusively establish bad faith but is evidence of bad faith. If so, I disagree, believing that the two are entirely different concepts. … Qualified immunity acts to protect “all but the plainly incompetent or those who knowingly violate the law.” City of Lancaster v. Chambers, 883 S.W.2d 650, 656 (Tex.1994). .

Betts v. State

799 P.2d 325 · Court of Appeals of Alaska · Sep 28, 1990

Betts argues that Judge Greene’s findings were clearly erroneous. We discussed the law which applies to immunity agreements in Closson v. … [[Image here]] In keeping with general principles governing appellate review of contracts claims, a trial court’s findings on the terms and scope of an immunity agreement and on the issue of breach must be upheld unless clearly

Phillip David Haskett v. Texas Commission on Environmental Quality

Texas Court of Appeals, 1st District (Houston) · Mar 31, 2026

and Haskett could not establish that immunity had been waived under the TTCA. … establish that immunity 11 See TEX.

Michaela Babb v. Hamilton County Board of Education

Court of Appeals of Tennessee · Sep 21, 2004

These decisions often result from assessing priorities; allocating resources; developing policies; or establishing plans, specifications or schedules. … Babb’s classroom was clearly a discretionary decision for which HCBE is not subject to liability.

Shefts v. City of Chicago

238 Ill. App. 3d 37 · Appellate Court of Illinois · Sep 30, 1992

We note that the City’s motion for summary judgment encompassed the allegation that the City was immune from liability under the Tort Immunity Act. … On the issue of immunity, the City contends that under section 5— 101 of the Tort Immunity Act, the City has no duty to establish an emergency service and, therefore, the City is immune from tort liability.

Welch v. Illinois Supreme Court

Appellate Court of Illinois · Jun 4, 2001

As Welch’s employer, Justice Heiple is protected by a qualified privilege. See Vajda v. Arthur Andersen & Co. , 253 Ill. App. 3d 345, 358-59 (1993). … It is well established that a breach of contract claim against the State is a present claim for relief barred by sovereign immunity. See, e.g. , Smith v. Jones , 113 Ill. 2d 126, 132-33 (1986).