Case law

Burkes v. Stidham

107 Ohio App. 3d 363 · Ohio Court of Appeals · Nov 13, 1995

A qualified privilege is applied to situations of intermediate importance. The immunity is conditioned upon publication in a reasonable manner and for a proper purpose. … Appellants argue that Adrine failed to establish a defense of qualified privilege.

Pritza v. Village of Lansing

405 Ill. App. 3d 634 · Appellate Court of Illinois · Nov 24, 2010

The Illinois Supreme Court firmly established that governmental self-insurance pools are not “insurance” as defined in the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1 — 101 et seq. … The court agreed that, in the case of commercial insurance, “the immunity is waived since government funds are no longer in jeopardy and immunity would inure to the benefit of private investors who have assumed the risk of

Richardson v. Warren Consolidated School District

197 Mich. App. 697 · Michigan Court of Appeals · Dec 29, 1992

"No action may be maintained under the highway exception unless it is clearly within the scope and meaning of the statute.” … This Court has not extended municipal liability beyond that "clearly within the scope and meaning of the statute.” Scheurman, supra at 630 .

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.

Sarmiento v. City of Corpus Christi

465 S.W.2d 813 · Court of Appeals of Texas · Mar 25, 1971

Therefore, at the time of the occurrence, the City of Corpus Christi was charged by law with the control and direction of traffic at this intersection, clearly a governmental function. … We do not believe it a part of our function to undertake to change a rule so long established by our Supreme Court. Meska v. City of Dallas, supra; Mayes v.

ALABAMA DEM v. Town of Lowndesboro

950 So. 2d 1180 · Court of Civil Appeals of Alabama · Apr 8, 2005

Lyles , 797 So.2d 432 , 435 (Ala. 2001), quoting in turn other cases)). 4 It is well established that state immunity under § 14 extends to state agencies. … Clearly, a ruling in her favor could ultimately `touch' the state treasury by requiring the disbursement of state funds. For this reason, we find that § 14 bars this action."

Sammy Tawakkol v. Sheila Vasquez, in Her Official Capacity as Manager of the Texas Department of Public Safety- Sex Offender Registration Bureau; And Freeman F. Martin, in His Official Capacity as Director of the Texas Department of Public Safety

Texas Court of Appeals, 15th District · May 12, 2025

City of Houston, 487 S.W.3d 154, 158 (Tex. 2016). 19 federal sovereign immunity does not necessarily establish that Plaintiff’s state-law claims are also barred by Texas’ sovereign … immunity doctrine.

Christopher Zang v. City of St. Charles, Missouri

Missouri Court of Appeals · Oct 19, 2021

(2), which permits actions for negligence against cities, stating that immunity is “hereby expressly waived” for: Injuries caused by the condition of a public entity’s property if the plaintiff establishes … While these statutes clearly 4  In Findley v.

Halper v. State

36 Ohio App. 331 · Ohio Court of Appeals · Apr 14, 1930

Up to this point we find that the language is merely descriptive; that the dates above mentioned do not have any application to anything excepting to a dealer under 5526 GC, and it in no way establishes the date of the commission … offense has been charged in the .affidavit under the section of the statute named and that therefore the conviction is unlawful and inasmuch as the cause of reversal is based upon this reason the plaintiff in error is not immune

City of Sunland Park v. Paseo Del Norte Ltd. Partnership

128 N.M. 163 · New Mexico Court of Appeals · Sep 3, 1999

PDN contends that the collateral-order doctrine applies to the State’s claim of immunity from condemnation proceedings because the doctrine applies to all official claims of immunity. This contention is incorrect. … The doctrine permits immediate appeals only for claims of qualified immunity by public officials sued for damages in their individual capacities. See Doe v. Leach, 1999-NMCA-117, ¶¶ 9-12 , 128 N.M. 28 , 988 P.2d 1252 .

Reppond v. City of Denham Springs

572 So. 2d 224 · Louisiana Court of Appeal · Nov 14, 1990

Louisiana Power Light Co., 435 U.S. 389 , 98 S.Ct. 1123 , 55 L.Ed.2d 364 (1978), the Supreme Court held that the "state action" immunity established in Parker v. … In Dukes this court concluded that neither the government, federal or state, nor any of its subdivisions, are included within the purview of a statute unless the legislative intent is clearly stated.

Zervos v. Trump

2019 NY Slip Op 1851 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 2019

Fitzgerald contended that Nixon could only claim qualified immunity, which only protected the President from certain suits. In contrast, Nixon claimed he was entitled to absolute immunity for his official acts. … In furtherance of this rationale, cabinet members and presidential aides are entitled to qualified immunity to protect the free flow of ideas during communications with the President ( Harlow v Fitzgerald , 457 US 800, 810

Los Angeles County Metropolitan Transportation Authority v. Superior Court

20 Cal. Rptr. 3d 92 · California Court of Appeal · Oct 21, 2004

While there are no cases directly on the issue of public entity immunity from civil penalties under the Unruh Act, there are several instructive decisions which discuss the immunity provided by section 818 in other civil … But even after establishing a case where punitive damages are permissible, he is never entitled to them ....

Snyder, Admx. v. Mouser

149 Ind. App. 334 · Indiana Court of Appeals · Sep 7, 1971

It clearly proscribes personal liability (except to the state or county) for any official act omitted. The statute comes to us without challenge as to its validity, 1 and we accept it at its face value. … However, in view of the formidable pre'cedent established by the foregoing authorities, which have established a uniform rule of governmental immunity from all tort liability with respect to all involuntary units of government

Wallace v. Smyth

Appellate Court of Illinois · Oct 21, 1998

Here, plaintiff's claims clearly arose out of Maryville's supervision and discipline of Waketta. … Clearly, therefore, the parent-child tort immunity doctrine factors of legal and financial responsibility, which the majority relies upon to deny Maryville in loco parentis status, had no bearing on the in loco parentis status

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.

v. Ireson

490 P.3d 963 · Colorado Court of Appeals · Nov 5, 2020

Begley I established that the litigation privilege may immunize an attorney’s prelitigation statement if (1) the statement is related to prospective litigation and (2) the prospective litigation is contemplated in good … In concluding that a qualified litigation privilege may apply, the court did not mention defamation. Id. at 1118.

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.

Dorsey v. Coastal Tank Lines, Inc.

50 Del. 437 · Superior Court of Delaware · Jun 24, 1957

The plaintiffs further contend that the specific statutory language involved is clearly broad enough to permit the case to go to trial. … The validity of legislative acts which depart from established patterns of govern *442 mental organization has been consistently upheld. State ex rel. Craven v. Schorr, Del. 1957, 131 A. 2d 158 .

Poole Truck Line, Inc. v. Commonwealth, Transportation Cabinet/Department of Highways Ex Rel. Kelly

892 S.W.2d 611 · Court of Appeals of Kentucky · Feb 10, 1995

It is a well established rule of statutory construction that all words and phrases of a statute are to be construed according to common and approved usage of language, with a view to promote their objects. … This section of the Board of Claims Act clearly provides that the General Assembly intends waiver of immunity only in limited situations.