Case law

M.C. v. Marion County Department of Child Services

905 N.E.2d 456 · Indiana Court of Appeals · Apr 28, 2009

Findings are clearly erroneous when the record contains no facts to support them either directly or by inference, and a judgment is clearly erroneous if it relies on an incorrect legal standard. Id. … Mother further contends that the juvenile court erred by ordering her to establish paternity because paternity had already been established in August 2007.

State v. McSwain

440 So. 2d 502 · District Court of Appeal of Florida · Nov 9, 1983

The “evidence so produced” in section 914.-04, to us, clearly refers to the earlier provision in the statute providing that a witness is not excused from “producing any book, paper, or other document” and has nothing to do … compelled testimony in this prosecution even to establish the fact (innocent in and of itself) of ownership of the vehicle.

Burrell, B. v. Streamlight, Inc.

2019 Pa. Super. 335 · Superior Court of Pennsylvania · Nov 7, 2019

Defendant therefore clearly had the right to direct and control the -8- J-A24037-19 work that Plaintiff was performing when he was injured. … Aerotek-Streamlight Personnel Agreement ¶1(b); Burrell Dep. at 32-38, 42-43.2 Because the undisputed facts established that Defendant was Plaintiff’s employer under the WCA and was therefore immune from tort liability

Smith v. MD

130 Cal. Rptr. 2d 315 · California Court of Appeal · Apr 23, 2003

With respect to permissive reporters, section 11172, subdivision (a) grants only qualified immunity. … As such they are entitled to qualified, rather than absolute, immunity. (§ 11172, subd. (a).)

People v. Hawkins

157 Mich. App. 767 · Michigan Court of Appeals · Feb 18, 1987

MCL 552.9; MSA 25.89 establishes a residency requirement for the filing of a divorce complaint: *770 Both the 10-day and the 180-day residency requirements are jurisdictional. … Rather, the statute ends immunity as soon as the complaint is filed. 2 Similarly, if this was a notice requirement, the *773 Legislature could have established some provision for those cases in which the statutory residency

Georgia Department of Corrections v. David Lee Couch

Court of Appeals of Georgia · Jun 13, 2013

The party seeking to benefit from a waiver of sovereign immunity has the burden to establish waiver, and any suit brought to which an exception applies is subject to dismissal pursuant to OCGA § 9-11-12 … Regarding the waiver of sovereign immunity under OCGA § 9-11-68, the Department maintains that the Georgia Constitution clearly provides that the State has sovereign immunity, except to the extent that the Generally Assembly

Texas Department of Transportation v. Esters

343 S.W.3d 226 · Texas Court of Appeals, 14th District (Houston) · May 3, 2011

On April 28, 2006, the EEOC closed its file on this charge because, based on its investigation, it was unable to conclude that the information obtained established violations of the statutes. … Herrera, 322 S.W.3d 192, 195 (Tex.2010) (noting that states and state agencies are entitled to Eleventh Amendment immunity in state court, unless Congress validly abrogates this immunity or the state waives this immunity)

Carrington v. Brown

136 N.C. App. 554 · Court of Appeals of North Carolina · Feb 15, 2000

Defendant answered, alleging several defenses including lack of service, statute of limitations, sovereign and official immunity, res judicata, and collateral estoppel. … While this term clearly refers to elected department heads, it does not refer to the governor.

Cornelius v. Roberts

71 A.3d 345 · Commonwealth Court of Pennsylvania · Jun 5, 2013

This result is consistent with Crowell and Powell, which establish that' a governmental party is not immune from liability when its negligence, along with a third party’s ■negligence, causes harm. 549 Pa. at 52 , 700 A.2d … with the physical operation of a vehicle beyond ‘actual driving that will implicate the vehicle liability exception, the Commonwealth Court correctly concluded that the form of negligence alleged by the- Regesters does not qualify

Terri Bradshaw v. Capital Community economic/industrial Development Authority

Court of Appeals of Kentucky · Dec 5, 2025

-44-  The “pure” version of sovereign immunity applies to a narrow set of state entities that qualify for immunity without the need to … These employees must instead rely on the distinct doctrine of “qualified” immunity. Id.

Foxworthy v. Puyallup Tribe of Indians Ass'n

169 P.3d 53 · Court of Appeals of Washington · Oct 30, 2007

Thus, if Foxworthy is to sustain her cause of action, she must establish that Congress has impliedly abrogated tribal sovereign immunity. 3. … tribal casino instead of in a non-Indian establishment off the reservation.

Rodriguez-Escobar v. Goss

392 S.W.3d 142 · Court of Appeals of Texas · Apr 15, 2010

Official Immunity By his second issue, Dr. Escobar argues that he conclusively established his entitlement to the affirmative defense of official immunity. … The trial court granted summary judgment for the psychiatrist, determining that he had conclusively established the doctrine of official immunity. Id.

Van Blaricom v. Kronenberg

50 P.3d 266 · Court of Appeals of Washington · Jul 15, 2002

The court below had decided that even if Wyatt and his attorney acted under color of law, they were entitled to qualified immunity from suit because they relied on the statute prior to its invalidation. … The Supreme Court reversed *272 and held that private parties who invoke state replevin, garnishment or attachment statutes that are later declared unconstitutional are not entitled to either immunity or qualified immunity

Lewis v. Linn

209 Cal. App. 2d 394 · California Court of Appeal · Nov 9, 1962

It is the long established rule, not limited to actions for defamation, that a judge is not to be held answerable in damages for acts performed in his judicial capacity (Oppenheimer v. … that he proposed to file ‘ ‘ a more complete affidavit. ’ ’ Plaintiff contends, however, that the portion of the proceeding dealing with the question of which defendants joined in the affidavit and motion to disqualify was clearly

State of Iowa v. Rodney C. Henricksen

Court of Appeals of Iowa · Sep 2, 2020

On appeal, Henricksen claims “the State failed to disprove his defense of justification” where “[t]he evidence established that Henricksen had a reasonable belief that his use of force against Sadlon was reasonable and … Significantly, section 704.13 provides an immunity from ‘liability,’ not an immunity from ‘prosecution’ as in some other states with stand-your-ground laws.” Id. at 581 (internal citation omitted).

Gray v. Allison Division, General Motors Corp.

52 Ohio App. 2d 348 · Ohio Court of Appeals · Apr 14, 1977

A qualified privilege, has been applied to situations of intermediate importance, with immunity conditioned upon publication in a reason-, able manner and for a proper purpose. … While protected by a qualified privilege, defamatory statements, will impose liability only by establishing either that the defamation was published to someone not, within the scope of-the privilege, or if the defamation

Moore v. ThorWorks Indus., Inc.

243 N.E.3d 655 · Ohio Court of Appeals · Apr 26, 2024

Appellees are clearly raising alternative grounds in support of the October 19, 2022 judgment. 32.  {¶ 79} The concurring opinion asserts, however, that if this court were to accept appellees’ immunity argument … to prove recklessness must be established.

Bonace v. Springfield Township

179 Ohio App. 3d 736 · Ohio Court of Appeals · Dec 4, 2008

Although nuisance no longer provides an exception to immunity, after the statutory amendment, the immunity exception only got harder for the plaintiff to establish. … Clearly, under the new definition of public road, ditches and berms are not encompassed in the immunity exception in R.C. 2744.02(B)(3).

Banks v. Parish of Jefferson

12 La.App. 5 Cir. 215 · Louisiana Court of Appeal · Jan 30, 2013

R.S. 9:2798.1, to-wit: The Louisiana Supreme Court established a two-step test for courts to follow when determining whether the immunity applies. See Simeon v. Doe, 618 So.2d 848, 852-53 (La.1993). … Once a defendant establishes its conduct involves a matter of choice or discretion that is not the end of the inquiry.

McNEELY v. STATE

2018 OK CR 18 · Court of Criminal Appeals of Oklahoma · May 24, 2018

Petitioner may be able to establish a factual basis for a Stand Your Ground defense; but she cannot establish a clear legal right to the relief of Stand Your Ground immunity from prosecution. Id . … established law."