Case law

Amber Cervantes v. City of Corpus Christi

Texas Court of Appeals, 13th District · Jun 18, 2025

The City filed a plea to the jurisdiction arguing that it retained immunity from suit because Cervantes had failed to establish a causal nexus between the officers’ conduct and her alleged injuries, because the officers … Political subdivisions are entitled to governmental immunity unless it 10 has been clearly and unambiguously waived by the Legislature. Reata Const. Corp. v.

People v. Collins

288 A.D.2d 756 · Appellate Division of the Supreme Court of the State of New York · Nov 29, 2001

The transcript of the colloquy between defendant and the court clearly reflects, inter alia, that defendant was advised of the nature of the charges against him and his right to an attorney, and that he declined assistance … 190.52 [1]) and executed a valid waiver of immunity (CPL 190.40 [2] [a]; 190.45 *758 [1], [2]), which was submitted to the Grand Jury (CPL 190.50 [5] [b]).

People of Michigan v. Jeffrey Gene Miller

Michigan Court of Appeals · Oct 29, 2015

Thus, § 4 immunity is not extended to “a registered qualifying patient who transfers marijuana to another registered qualifying patient for the transferee’s use . . . .” Id. … Additionally, a primary caregiver asserting § 4 immunity must be “connected” to his or her patients through the state’s registration process in order to qualify for § 4 immunity. Id.

Frazier v. Clinton Cty. Sheriff's Office, Ca2008-04-015 (11-24-2008)

2008 Ohio 6064 · Ohio Court of Appeals · Nov 24, 2008

Political Subdivision Immunity: Clinton County Sheriff's Office {¶ 28} The Ohio Revised Code establishes a three-tier analysis for determining whether a political subdivision is immune from liability. Carter v. … Political Subdivision Employee Immunity: Sergeant Stanfill and Deputy Bailey {¶ 34} R.C. 2744.03 (A)(6) provides qualified immunity to employees of political subdivisions unless one of the following applies: "(a) The employee's

Zuni Public School District, 89 v. State of New Mexico Public Education Department

1 N.M. Ct. App. 639 · New Mexico Court of Appeals · Apr 12, 2012

While Congress established the Federal Impact Aid program and set guidelines for states to receive federal equalization certification, New Mexico law sets out the method for SEG distributions and establishes the formula for … immunity.”

Bobcat North America, LLC v. Inland Waste Holdings, LLC

Superior Court of Delaware · Apr 26, 2019

Fern Growers Ass ’n, 616 So.2d at 569 (affirrning that Florida Supreme Court in Londono equated “the limited immunity from suit accorded under the First Amendment” with the “qualified privilege of Florida’s common law.”). … Having concluded the qualified privilege analysis under Florida law, Bobcat’s Noerr-Pennington arguments nevertheless bear on the question of Noerr- Pennington immunity’s application to tort claims arising under state law

Nelson v. Quarles and Brady, LLP

2013 IL App (1st) 123122 · Appellate Court of Illinois · Nov 21, 2013

This result, plaintiff contends, would have made Curia a majority owner and was “clearly contrary to the terms of the option.” … In doing so, we cannot say that it clearly appears that no set of facts could be proved which would entitle plaintiff to recover.

Hanninen v. Koch

868 N.E.2d 1137 · Indiana Court of Appeals · Jun 22, 2007

She has not established that the QSO statute violates Article 1, Section 12 of the Indiana Constitution. B. … The motion must be accompanied by an affidavit of the offeror or the offeror’s attorney establishing the amount of the attorney’s fees and other costs and expenses incurred by the offeror after the date of the qualified settlement

Luczak v. Township of Evesham

311 N.J. Super. 103 · New Jersey Superior Court Appellate Division · May 12, 1998

He stated: Clearly, this was a decision by the municipality at its highest level, the mayor, council level as to what to do in connection with Kettle Run Road. … A defendant may also seek a directed verdict at the close of the plaintiff’s case (as, defendant did here), establishing its entitlement to immunity through its cross-examination of the plaintiff’s witnesses and/or by trial

Champion Builders v. City of Terrell Hills

70 S.W.3d 221 · Texas Court of Appeals, 4th District (San Antonio) · Feb 6, 2002

In their second amended answer, the Board members asserted the affirmative defenses of official immunity, sovereign immunity, and governmental immunity. … At the federal level, qualified immunity protects "all but the plainly incompetent or those who knowingly violate the law.” See Swint v. City of Wadley, 51 F.3d 988, 995 (11th Cir.1995).

University of Texas Medical Branch at Galveston v. Patricia M. Harrison. Michael C. Murphy, Billy G. Odom, B. Alan Odom, Lisa Odom, David P. Odom, Tamara L. Odom, Gary B. Black, Charles H. McBride, Mike McBride, Johnna J. Higginbotham, Tamara Stelly, Robert Thomas, Celeste Fontenot, Ruth Ahmed

Texas Court of Appeals, 14th District (Houston) · Aug 7, 2003

Because appellees failed to plead, or otherwise establish, a consent to sue the State for their contract claims, the trial court had no jurisdiction over those claims. … might qualify for it.

Perona v. Township of Mullica

270 N.J. Super. 19 · New Jersey Superior Court Appellate Division · Jan 14, 1994

Even when one of the Act's provisions establishes liability, that liability is ordinarily negated if the public entity possesses a corresponding immunity." Id. at 408 , 541 A. 2d 1029 (quoting Kolitch v. … And that being so, I believe that the officers, in their determination, enjoy an absolute, as oppose to a qualified type of immunity with respect to this.

Gonzalez v. New Britain

216 Conn. App. 479 · Connecticut Appellate Court · Nov 8, 2022

[T]he question of whether a particular plaintiff comes within a cognizable class of foreseeable victims for purposes of this exception to qualified immunity is ultimately a question of policy for the courts, in that it is … ‘‘[Section] 52-557n abandons the common-law principle of municipal sov- ereign immunity and establishes the circumstances in which a municipality may be liable for damages. . . .

C. DeLuca and DeLuca's Auto Repair and Towing, Inc. v. Hazleton PD and Chief of Police F v. DeAndrea, Jr.

144 A.3d 266 · Commonwealth Court of Pennsylvania · Jul 28, 2016

DeLuca maintains the Department’s notices of suspension, which received wide publicity in the Hazleton area, plainly and clearly stated DeLuca engaged in “dishonesty or corruption [which] directly or indirectly affects the … For a letter to qualify as an adjudication under 2 Pa.

Rescigno v. Picinich

151 N.J. Super. 587 · New Jersey Superior Court Appellate Division · Jun 30, 1977

immunity, charitable immunity and public employee immunity. … To effectuate such a change the legislative intent must be clearly and plainly expressed. Fivehouse v. Passaic Valley Water Comm'n, 127 N.J. Super. 451, 456 (App. Div. *599 1974); De Fazio v. Haven S. & L.

Essex Council No. 1, New Jersey Civil Service Ass'n v. Gibson

114 N.J. Super. 576 · New Jersey Superior Court Appellate Division · May 7, 1971

Notwithstanding plaintiffs’ failure to pursue administrative remedies within the Civil Service establishment, the court will accept the controversy. … In the sense that it reflects a devaluation of their working time, it is as clearly a reduction in position as if their salaries had been decreased for the 30-hour week.

Hershey Foods Corp. v. General Electric Service Co.

422 Pa. Super. 143 · Superior Court of Pennsylvania · Nov 19, 1992

We find that GESCO did unambiguously contract to indemnify Hershey even where Hershey was partly negligent, and that GESCO did clearly waive its immunity to suit by an employee under the Workmen’s Compensation Act. … The contract’s indemnification clause clearly constitutes a waiver of the statutory immunity otherwise provided by Section 303(b), and therefore, Hershey would be entitled to indemnification by GESCO if all other conditions

City of Houston, Annise D. Parker, Kelly Dowe, Ronald C.Green, Brenda Stardig, Jerry Davis, Ellen Cohen, Dwight Boykins, Dave Martin, Richard Nguyen, Oliver Pennington, Ed Gonzalez, Robert Gallegos, Mike Laster, Larry Green, Stephen Costello v. Houston Municipal Employee Pension System

513 S.W.3d 114 · Court of Appeals of Texas · Nov 22, 2016

HMEPS and its board answered and, among other defenses, likewise pleaded immunity from suit and from liability. It is the City’s immunity at issue here. … A proven violation of a contribution duty clearly imposed on the City by article 6243h can lie in mandamus.

Maxon Industries, Inc. v. State Compensation Insurance Fund

16 Cal. App. 4th 1387 · California Court of Appeal · Jun 29, 1993

The Fund argues that these cases do not establish the proprietary nature of its activities. … The previous common law in California and in other states was that punitive damages could not be imposed against public entities absent a statute that clearly subjected the entity to such liability.

Garroutte v. State

683 P.2d 262 · Court of Appeals of Alaska · May 18, 1984

Despite offers of state and federal immunity, and despite a finding of contempt by the court, Snyder refused to testify. … Our holding that Snyder’s statement was not clearly corroborated therefore controls Garroutte’s constitutional claim.