Case law

Schmidt v. United Order of Foresters

124 Mo. App. 165 · Missouri Court of Appeals · Apr 2, 1907

This is on the ground that it cannot reasonably be supposed, unless so stated or clearly implied, that either the member or the company intended to provide for the enactment of a by-law which would destroy the substantial … itself to write fraternal insurance, must remain always inactive even though, before a los» occurs, the society does qualify itself.

Kennedy v. Haywood County

158 N.C. App. 526 · Court of Appeals of North Carolina · Jun 17, 2003

“The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (citing Nicholson v. … However, “[w]aiver of sovereign immunity may not be lightly inferred and State statutes waiving this immunity, being in derogation of the sovereign right to immunity, must be strictly construed.” Guthrie v.

Penn v. St. Tammany Parish Sheriff's Office

2002 La.App. 1 Cir. 0893 · Louisiana Court of Appeal · Apr 2, 2003

Humphrey, supra , reasonableness of force, and qualified immunity. … Applying the analysis established in Heck and its progeny, if Mr.

State v. Heyward

37 S.C.L. 389 · Court of Appeals of South Carolina · Mar 15, 1832

themselves therefor, under the regulations which they may establish. … This is, clearly, not a new foundation, but is in aid of that which had already been made.

State v. Oakley

181 S.W.3d 855 · Texas Court of Appeals, 3rd District (Austin) · Dec 16, 2005

We think this misapplies and misunderstands the purpose of the supreme court’s language requiring a statute to waive sovereign immunity clearly and unambiguously. … In chapter 103, the legislature clearly expressed its intent to waive immunity when a person has been wrongfully convicted.

Ruberton v. Gabage

280 N.J. Super. 125 · New Jersey Superior Court Appellate Division · Mar 10, 1995

First, an attorney's violation of an ethics rule does not in itself establish a cause of action in tort. Petrillo v. Bachenberg, 263 N.J. … Super. at 392 , 652 A. 2d 1245 (initial complaint to law enforcement officials about alleged crime committed by plaintiff protected by qualified, not absolute, privilege).

Fleming v. Ashtabula Area City School Bd., 2006-A-0030 (4-18-2008)

2008 Ohio 1892 · Ohio Court of Appeals · Apr 18, 2008

If the nonmoving party fails to do so, summary judgment, if appropriate shall be entered against the nonmoving party based on the principles that have been firmly established in Ohio for quite some time in Misteff v. … (Emphasis added.) {¶ 35} Next, we will address whether there is sufficient evidence in the record which, if believed, establishes that the alleged torts arose out of the employment relationship.

Flick v. Malino

356 So. 2d 904 · District Court of Appeal of Florida · Mar 23, 1978

Malino's motion for summary judgment established that her husband was sole owner of the dog that bit Jennifer and that two clearly readable "bad dog" signs were posted on the fence surrounding the property. … Here, the record before the trial court on the motion for summary judgment did not establish that Jennifer came to the Malino home property without an express or implied invitation. See Wood v.

Hudson v. City of Chicago

Appellate Court of Illinois · Dec 14, 2007

On the other hand, there is an extensive line of cases that has held that ordinary police activities do not qualify as enforcement or execution of the law so as to be protected by section 2- 202 immunity. … In our case, the admission was more clearly in error because Dr.

Sweigard v. Commonwealth

5 Pa. Commw. 637 · Commonwealth Court of Pennsylvania · May 30, 1972

The tragedy of which this case was born makes it clearly understandable why the plaintiffs, while acknowledging that these opinions control the instant case, urge upon us to make “an independent analysis” of the longstanding … Commonwealth Ct. 477 (1972), that there is no divergence of view upon the question of sovereign immunity in our highest court.

Irion v. State Ex Rel. DOTD

760 So. 2d 1220 · Louisiana Court of Appeal · May 12, 2000

is clearly wrong. … Moreover, I find that the record evidence clearly establishes that the sole legal cause of this accident was Mr. Irion's negligent operation of his vehicle.

Travis County, Texas v. Pelzel & Associates, Inc.

Texas Court of Appeals, 3rd District (Austin) · Oct 19, 2000

The concurring opinion today complains that the presentment statute does not clearly waive a county's immunity. … The concurring opinion today complains that the presentment statute does not clearly waive a county's immunity.

Abilene State School v. Slaughter

546 S.W.2d 106 · Court of Appeals of Texas · Jan 6, 1977

Insofar as this school district is concerned, the State has waived sovereign immunity only for damages resulting where *108 a motor vehicle is involved. … The rationale of this rule was developed many years ago and was clearly enunciated by the court in Gaines v.

Lucas v. Wayne County Election Commission

146 Mich. App. 742 · Michigan Court of Appeals · Nov 4, 1985

Each organized county shall be a body corporate with powers and immunities provided by law. "Sec. 2. … A review of Const 1963, art 7, §§ 10, 12, 14 and 15, reveals that the constitution clearly contemplates that a board of supervisors is necessary in each organized county.

John Fox v. Joe Wardy, Mayor, Susan Austin, Jose A. Lozano, John F. Cook, Daniel S. Power, Paul J. Escobar, Vivian Rojas, Anthony Cobos

Texas Court of Appeals, 8th District (El Paso) · Jun 30, 2010

For the plea to qualify as an interlocutory order, the granting or denying of the same by a governmental unit must leave other parties or claims at issue in the trial court. Cf. … Generally, municipalities enjoy sovereign immunity, and Fox, as the party suing the governmental unit, had the burden to establish a waiver of the City’s sovereign immunity by pleading the City’s consent to be sued, express

J.W. ex rel. B.R.W. v. 287 Intermediate District

761 N.W.2d 896 · Court of Appeals of Minnesota · Mar 3, 2009

The doctrine of official immunity establishes that “a public official charged by law with duties which call for the exercise of his judgment or discretion is not personally liable to an individual for damages unless he is … discretionary-ministerial distinction is a nebulous and difficult one because almost any act involves some measure of freedom of choice as well as some measure of perfunctory execution, the acts of the defendants here are clearly

Hancock v. McCarroll

188 Ariz. 492 · Court of Appeals of Arizona · Dec 24, 1996

(3) Is initiative available to repeal the establishment of a stadium district created by a county board of supervisors? A. … Is Initiative Available to Repeal the Establishment of a Stadium District Created by a County Board of Supervisors?

Miami-Dade County v. Acosta

757 So. 2d 539 · District Court of Appeal of Florida · Apr 12, 2000

The trial court agreed with Appellee and entered Partial Summary Judgment against the County stating that the County was not entitled to workers' compensation immunity. … The record here clearly establishes that the County has a contractual obligation to American Airlines to remediate the excavations caused by the removal of the baggage shed.

Beachwood City School Dist. Bd. of Edn. v. Warrensville Hts. City School Dist. Bd. of Edn.

158 N.E.3d 906 · Ohio Court of Appeals · Sep 17, 2020

“qualifying contracts.” … The phrase “qualifying contracts” was not added to R.C. 5705.412 until an amendment in 2000.

Zidron v. Metts

2017 Ohio 1118 · Ohio Court of Appeals · Mar 28, 2017

Zidron argues that her testimony was sufficient to establish that Dr. Fisher was present for Bradley's appointment. … Mullen was not immune." Id.