Case law

Hupf v. City of Appleton

165 Wis. 2d 215 · Court of Appeals of Wisconsin · Oct 22, 1991

In pursuit of summary judgment, the moving party has the burden to establish the absence of a genuine issue as to any material fact. Id. … We therefore require that the contract clearly express the intent of the parties so that with the surrounding circumstances, it is clear the parties knowingly agreed to excuse the otherwise responsible party. Id.

Lakeisha Mills, Felicity Mitchell, Roberta Ross, Natasha Graves, Ashley Suez, Kaleen Moses, Kathy Barbay, Jennifer Gaffney, And Adlai Mack Stevenson II v. Dr. Leon R. Tarver II, in his individual and official capacity as Chairman of The Board of Supervisors of Southern University and Agricultural and Mechanical College, The Board of Supervisors of Southern University and Agricultural and Mechanical College

Louisiana Court of Appeal · Dec 30, 2021

The doctrine of qualified immunity generally shields government officials performing discretionary functions from liability for civil damages if their conduct does not violate clearly established statutory or constitutional … Once raised, a plaintiff has the burden to rebut the qualified immunity defense by establishing that the official' s allegedly wrongful conduct violated clearly established law. Collins v.

City of San Antonio v. Texas Mutual Insurance Company as Subrogee of Fernando Hernandez

Texas Court of Appeals, 4th District (San Antonio) · Jan 14, 2009

The City’s knowledge that deteriorating conditions below the surface might at some time in the future result in a sinkhole is insufficient to establish waiver of immunity. See id. … The law clearly requires the sinkhole to have developed and the City to be aware of its existence.

Hannes v. Kingdom of Roumania Monopolies Institute

260 A.D. 189 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1940

Special Term granted the motion and declined jurisdiction of the action, holding -that the claim of immunity was established on the record submitted. … It must, therefore, be deemed to be the law as established by these cases that the right of immunity of the property of a foreign government exists when said property is owned by the foreign government and possessed by it

the El Paso Education Initiative, Inc. D/B/A Burnham Wood Charter School v. Amex Properties, LLC

Texas Court of Appeals, 8th District (El Paso) · Oct 31, 2012

The Texas Supreme Court has determined that a party wishing to establish a local governmental entity’s waiver of immunity to suit for breach of written contract under Section 271.152, must establish three elements: … The second element for establishing a contract subject to waiver has been met.

INDIANA CIVIL RIGHTS COM'N v. Kidd & Co., Inc.

505 N.E.2d 863 · Indiana Court of Appeals · Apr 8, 1987

Instead, Kidd laid her off, saying she was not qualified to drive solo. … Finding No. 17 reads, in part, as follows: Clearly, the majority of the mileage driven is highway mileage and most of that on freeways with at least four (4) lanes.

Bethlehem Area School District v. Zhou

976 A.2d 1284 · Commonwealth Court of Pennsylvania · Jul 24, 2009

By order dated Januaiy 15, 2009, we concluded that the order of the Appeals Panel qualifies as a collateral order pursuant to Pa. … We further note that, while the Manual itself has not been entered into the record in this matter, its own plain language as excerpted by the District in its brief clearly indicates that ODR offers to provide "one free copy

Bowden v. Southern Risk Services, Inc.

574 So. 2d 813 · Court of Civil Appeals of Alabama · Jul 11, 1990

It is well established that ASD is clothed with sovereign immunity. Art. 1, § 14, Const. of Ala. 1901. ASD is merely authorized to provide insurance under § 33-1-25 , Ala. … Code 1975, but it is not required to do so, and the statute clearly contemplates limited coverage. Jones, supra.

Stout v. Tippecanoe County Department of Public Welfare

182 Ind. App. 404 · Indiana Court of Appeals · Oct 15, 1979

The party seeking summary judgment must establish the absence of a material factual dispute. … Thus, Stouts’ failure to establish that consent entitled the Department to a judgment as a matter of law. I.

Huff v. Goldcoast Jet Ski Rentals, Inc.

515 So. 2d 1349 · District Court of Appeal of Florida · Nov 25, 1987

Clearly, under those circumstances, having created a known dangerous condition not readily apparent to persons who could be injured thereby, the governmental entity has a duty to warn. … There has never been a common law duty establishing a duty of care with regard to how these various governmental bodies or officials should carry out these functions. These actions are inherent in the act of governing.

Inman v. City of Katy

900 S.W.2d 871 · Texas Court of Appeals, 13th District · May 18, 1995

His conversation with the members of the constable’s office was clearly within the context of the investigation. The investigation was a police matter and thus a governmental function for which immunity applies. … Since the evidence established that the statements made by Johnson were true, summary judgment in favor of the City of Katy was proper. The judgment of the trial court is AFFIRMED. 1 .

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.

Ohdan v. City of New York

268 A.D.2d 86 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 2000

Such unprofessional behavior clearly does not fall within the range of discretionary decisions immunized by public policy. … Immunity will not cloak the actions of an officer who “affirmatively intervened in a dangerous situation and negligently caused injury to a bystander, by acts which deviated from clearly accepted and established protocols

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

Shields v. Plummer

163 N.E.3d 653 · Ohio Court of Appeals · Nov 25, 2020

The brief then concludes with discussion of "The Third Tier: Applicable Defenses," submitting that with the R.C. 2744.02(B)(4) exception established, the specific further immunity referenced in R.C. 2744.03(A)(5) (making … No. 20AP-214 10 2744.03(A)(5) defense applicable if the R.C. 2744.02(B)(4) exception had been established) is moot.

Atlantic Specialty Insurance Company v. Nancy Lewis

341 Ga. App. 838 · Court of Appeals of Georgia · Jun 20, 2017

immunity in a lesser amount by operation of law. … The insurer and insured clearly have a contractual interest at stake in a dispute over the terms and coverage of the insurance policy, and such disputes routinely arise before judgment has been entered in the underlying

Avoletta v. State

Connecticut Appellate Court · Aug 12, 2014

The doctrine of sovereign immunity operates as a strong presumption in favor of the state’s immunity from liability or suit. . . . … statutorily waived the state’s sovereign immunity . . . .

BNC Metro 1 v. BNC Metro 3

2025 COA 52 · Colorado Court of Appeals · May 22, 2025

After elections and by orders of the Adams County District Court, BNC1 was established in 2000, and BNC2 and BNC3 were established in 2004. … The plaintiff bears the burden of establishing that the public employee is not immune under the CGIA and that the trial court has jurisdiction over the tort claim. Henderson v.

City of El Paso v. Joseph C. Pickett

Texas Court of Appeals, 8th District (El Paso) · Dec 28, 2022

“Consequently, sovereign immunity will bar an otherwise proper [U]DJA claim that has the effect of establishing a right to relief against the State for which the Legislature has not waived sovereign immunity.” … The UDJA clearly and unambiguously waives the governmental immunity of municipalities in any action for declaratory judgment that involves the validity of a municipal ordinance. See id.

City of Lubbock, TX v. Jim Adams

Texas Court of Appeals, 7th District (Amarillo) · Oct 7, 2004

A plaintiff has the burden to establish a waiver of immunity from suit. Tex. Dep’t of Transportation v. Jones, 8 S.W.3d 636, 638 (Tex. 1999). … --Houston [1st Dist.] 2004, pet. filed) (city charter clearly waived city’s immunity from suit); Alamo Cmty. College Dist. v. Browning Constr. Co., 131 S.W.3d 146, 152-53 (Tex. App.