Case law

Holder v. Mellon Mortgage Co.

954 S.W.2d 786 · Texas Court of Appeals, 14th District (Houston) · Nov 26, 1997

Clearly, Holder was not Mellon’s invitee, distinguishing this case from other Texas cases involving criminal conduct at a parking facility. … Sovereign Immunity Sovereign immunity has two components—immunity from suit and immunity from liability. Missouri Pac. R.R. Co. v. Brownsville Navigation Dist., 453 S.W.2d 812, 813 (Tex.1970); Green Int’l, Inc. v.

Murray v. Univ. of N.C. at Chapel Hill

246 N.C. App. 86 · Court of Appeals of North Carolina · Mar 1, 2016

Defense counsel clearly argues that plaintiff’s complaint fails to state a claim by “neither alleg[ing] a waiver of immunity nor demonstrat[ing] the basis for such a waiver.” … The record clearly shows defendant raised sovereign immunity at the hearing under Rule 12(b)(6). This issue is properly before this Court.

Nikou v. INB National Bank

638 N.E.2d 448 · Indiana Court of Appeals · Jul 28, 1994

Qualified immunity for sources of information, such as INB, is the "guid pro quo" for full disclosure. 705 F.Supp. at 70 . … INB designated evidence to the trial court which negated Nikou's claim asserted in Count II of his complaint by establishing that, as a matter of law, it was protected by qualified immunity from civil liability for providing

Marshall v. Franklin Cty. Treasurer

2025 Ohio 1147 · Ohio Court of Appeals · Mar 31, 2025

Because “that immunity is not absolute,” the second tier of the analysis asks “whether any of the five exceptions to immunity listed in R.C. 2744.02(B) apply to expose the political subdivision to liability.” … Marshall’s allegation of liability for the mailing of a tax bill clearly establishes appellees’ political subdivision immunity.

Andrews v. County of Cayuga

142 A.D.3d 1347 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2016

Here, defendant failed to establish that its expert, a psychiatrist, was qualified to offer an opinion that plaintiff’s shoulder injuries were not caused by defendant’s negligence (cf. … (2) that such conduct deprived the plaintiff of a right, privilege, or immunity secured by the Constitution or laws of the United States” (Kennedy v St.

Taft Stores, Inc. v. State

92 N.J. Super. 488 · New Jersey Superior Court Appellate Division · Oct 27, 1966

Defendant, on the other hand, contends that he is immune *491 from such a suit under the doctrine of sovereign immunity. … If the former, the law at present clearly holds that the doctrine of immunity applies and the complaint should be dismissed. See Fitzgerald v. Palmer, 47 N. J. 106 (1966).

Holmstedt v. York County Jail Supervisor

15 Neb. Ct. App. 893 · Nebraska Court of Appeals · Aug 28, 2007

Because none of the defendants had filed an answer, they have not yet had the opportunity to plead defenses, such as claims of qualified immunity. We have no subsequent pleadings from Holmstedt. … In order to state a cause of action under § 1983, a plaintiff must allege facts establishing conduct by a person acting under color of state law which deprived the plaintiff of rights, privileges, or immunities secured by

D.L.C. v. Walsh

908 S.W.2d 791 · Missouri Court of Appeals · Aug 29, 1995

Appellants contend if the Kansas legislature had meant to provide qualified immunity to health care workers for acts of professional negligence, it would have explicitly done so. Appellants’ argument is without merit. … The legislature has clearly demonstrated an intent to protect children who have been physically abused.

Conrad Burke v. Stanley Young

Court of Appeals of Virginia · Sep 24, 2024

actions were lawful in light of clearly established law.”’” … Thus, because Burke has adequately pled that the officers acted with a “wrongful and punitive motive, then they violated clearly established Eighth Amendment law” and are not entitled to qualified immunity at the pleadings

FERIOZZI v. City of Atlantic City

268 N.J. Super. 310 · New Jersey Superior Court Appellate Division · Jul 15, 1993

Plaintiff clearly qualifies as a prevailing party. The next issue is whether plaintiff should be entitled to damages. … This principle was clearly set forth in Commercial Clean. Corp. v.

Thomas v. Louisiana Casino Cruises, Inc.

2003 La.App. 1 Cir. 1937 · Louisiana Court of Appeal · Jun 25, 2004

To defeat a motion for summary judgment against an employment disability claim, the claimant must establish a prima facie case that: (1) he has a disability, as defined by the statute, (2) he is qualified for the job, and … Thomas failed to establish that (1) working outdoors as a casino security guard in 1997 qualified as a separate major life activity or (2) his physical impairment substantially limited his ability to work in general.

City of Dallas v. Saucedo-Falls

172 S.W.3d 703 · Texas Court of Appeals, 5th District (Dallas) · Sep 30, 2005

(stating that claims in an amended answer seeking reimbursement of insurance premiums and recovery of attorney’s fees qualify as claims for affirmative relief requiring payment of a filing fee for counterclaims); In re Frost … The City contends it offered the exhibits in an effort to establish that the plaintiff employees had fraudulently alleged that the public was led to believe and that they themselves believed the Resolution was binding.

Reynolds v. Lancaster County Prison

325 N.J. Super. 298 · New Jersey Superior Court Appellate Division · Oct 27, 1999

LCP'S IMMUNITY CLAIMS Relying on the principles of comity and choice-of-law, LCP demands full immunity under the PSTCA or, at least, a reduction of plaintiffs' damage claims to the limits of liability established by the PSTCA … any established limits on liability.

George Saade, M.D., Michael Belfort, M.D., Rakesh Mangal, M.D., and Charles Moniak, M.D. v. Mercedes Villarreal, as Next of Friend of Juan Pablo Elizondo, a Minor

Texas Court of Appeals, 14th District (Houston) · Feb 26, 2009

In their second issue, appellants contend that the trial court erred in determining that they failed to establish their right to common law official immunity. … Examined together, the seven factors identified in Kassen support our conclusion that appellants have not established their entitlement to official immunity. 3. Dr.

Palmyra Board of Education v. Hansen

56 N.J. Super. 567 · New Jersey Superior Court Appellate Division · Jul 2, 1959

The conditions of liability are clearly set out for all to contemplate before enrolling their children in public schools. … It is for the legislature, not the courts, to create and grant immunity. * * *." To apply such a theory would be to clearly violate the spirit as well as the terms of the statute, R.S. 18:14-51.

Pries v. McMillon

314 Wis. 2d 706 · Court of Appeals of Wisconsin · Oct 28, 2008

Cords "held that the compellingly dangerous circumstances established a duty to warn that was 'so clear and absolute that it [fell] within the definition of a ministerial duty.'" … immunity, public officer immunity, public employee immunity and discretionary act immunity.

Brown v. McConnell

705 So. 2d 476 · Court of Civil Appeals of Alabama · Oct 24, 1997

On October 4, 1996, the college filed a motion to dismiss, asserting the defenses of sovereign immunity, discretionary immunity, qualified immunity, and untimeliness of McConnell’s complaint. … Clearly, the March 26, 1997, order does not dispose of all the claims. In fact, it schedules a hearing for April 17, 1997, to ascertain damages and attorney fees.

Holt v. Brock

California Court of Appeal · Nov 21, 2022

III Quasi-judicial Immunity Plaintiff contends that Brock does not qualify for quasi-judicial immunity. … Mere appointment by the court is insufficient to establish quasi-judicial immunity.

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 .

Hernandez v. Imperial Irrigation Dist.

248 Cal. App. 2d 625 · California Court of Appeal · Feb 17, 1967

However, the language of the code section clearly does not encompass a total immunity from liability on account of injuries resulting from the condition of all irrigation district maintenance roads. … However, the affidavits in support of and the counter-affidavits in opposition to the motion for summary judgment, measured in light of well-established rules (Johnson v.