Case law

Alfredo Carrasco v. City of El Paso and El Paso Water Utilities

Texas Court of Appeals, 8th District (El Paso) · Apr 30, 2021

However, the precise, relevant excerpt from Bellnoa establishes Section 101.0215 does not provide an independent waiver of immunity. … Because the statutory language does not clearly and unambiguously waive sovereign immunity, and in view of the stated legislative intent, we hold that section 101.0215 is not an independent waiver of immunity

Castner v. Jefferson Cty.

2025 Ohio 1309 · Ohio Court of Appeals · Apr 11, 2025

Chapter 2744, which established the statutory governmental immunity that exists today. R.C. … The burden of proof is initially on the political subdivision to establish general immunity, and when established, Case No. 24 JE 0017

Ferro v. Morgan

35 Conn. Super. Ct. 679 · Connecticut Superior Court · Feb 16, 1979

“It is the established law of our state that the state is immune from suit unless the state, by appropriate legislation, consents to be sued.” Baker v. Ives, 162 Conn. 295, 298 . … physician or other qualified person, designated by the court, to determine whether or not the putative father or the husband of the mother can be excluded as being the father of the child.

Jackson v. County of Los Angeles

60 Cal. App. 4th 171 · California Court of Appeal · Dec 19, 1997

Further, it is well established that, for the doctrine to apply, the seemingly conflicting positions “must be clearly inconsistent so hat one necessarily excludes the other.” (Coleman v. … The workers’ compensation judge accepted the parties’ stipulations and approved the work restriction as part of the award. 12 To prevail on his ADA claim, Jackson must establish that he is a “qualified individual with a disability

Bayfront v. Birth-Related Neurological

982 So. 2d 704 · District Court of Appeal of Florida · Jan 16, 2008

Accordingly, with the law now established that the ALJ does, in fact, have jurisdiction to consider the issues of notice and the application of the Plan's immunity provision, we now review the ALJ's conclusion that Bayfront's … The statute does not mandate that both the hospital and physician must give notice; rather, the statute qualifies which hospitals must give notice.

Brown v. Commonwealth, Department of Transportation

11 A.3d 1054 · Commonwealth Court of Pennsylvania · Jan 19, 2011

Summary judgment is appropriate where the record clearly demonstrates that: (1) there are no genuine issues of material fact, and (2) the moving party is entitled to judgment as a matter of law. Dean v. … The Commonwealth is immune from suit except where the General Assembly has specifically waived immunity. 1 Pa.C.S. § 2310.

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.

KRB, LLC v. State

155 Haw. 253 · Hawaii Intermediate Court of Appeals · Dec 23, 2024

We cannot conclude that the Circuit Court clearly erred in rejecting KRB's public trust doctrine claims. … The underlying statute must clearly and unequivocally mandate a waiver. See Taylor–Rice v.

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.

Paula M. Haney, as Personal Representative of Estate of Donald Prater, Jr. v. Shane Cantrell

Court of Appeals of Kentucky · May 18, 2023

However, even if an act is discretionary, there is no immunity if it violates constitutional, statutory, or other clearly established -8-  rights … He was clearly providing emergency services pursuant to KRS 75.070 and is therefore entitled to qualified immunity.

Polzer v. TRW, Inc.

256 A.D.2d 248 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1998

of summary judgment to defendants BNY and Mobil was not procedurally inappropriate since those defendants either moved for or requested such relief, and all parties, in submitting documents in support of their arguments, clearly … In dismissing plaintiffs’ statutory claims, the motion court also properly determined that the acts or omissions that are alleged to have violated General Business Law § 349 were protected by the qualified immunity granted

Hemak v. Houston County School District

220 Ga. App. 110 · Court of Appeals of Georgia · Jan 23, 1996

While official immunity does not apply to purely ministerial duties required by law, public officials are immune from individual liability for discretionary acts undertaken in the course of their duties and without wilfulness … The scope of this official immunity was clearly established in Hennessy v. Webb, 245 Ga. 329 ( 264 SE2d 878 ) (1980), and Holloway v. Dougherty County School System, 157 Ga. App. 251, 252-253 ( 277 SE2d 251 ) (1981).

County of Brevard v. Miorelli Engineering, Inc.

677 So. 2d 32 · District Court of Appeal of Florida · Jun 28, 1996

contract, it clearly intends that such contracts be valid and binding on both parties. … The fourth district noted that the supreme court in Pan-Am did not indicate that it intended to change established principles of contract law.

Luvaul v. City of Eagle Pass

408 S.W.2d 149 · Court of Appeals of Texas · Oct 27, 1966

As applicable to municipal immunity in tort in the exercise of the police power, we quote from Mayes v. … The authorities cited above clearly support this rule.” The second point of error is overruled.

Syed Ahmed, M.D. v. Texas Tech University Health Science Center School of Medicine at Amarillo and Dennis B. Dove, M.D.

Texas Court of Appeals, 7th District (Amarillo) · Jan 23, 2013

Ahmed believed Rahman did not possess all the surgical credentials she claimed and believed her surgical training in Pakistan did not qualify her for a "full license" to practice in Texas. … The burden is on the plaintiff to allege facts affirmatively establishing the trial court's jurisdiction. Tex. Ass'n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993).

Schonfeld v. City of Vallejo

50 Cal. App. 3d 401 · California Court of Appeal · Aug 4, 1975

Such an interpretation would render the entire statute meaningless and the legislative purpose would clearly be defeated. *410 Accordingly, we hold that the immunity afforded by Government Code section 822.2 applies unless … [is not] clearly manifested by the contracting parties’ ” (Western Airlines, supra, 204 Cal.App.2d 105, at pp. 120-121 ).

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).

Stanley Bacon, Jr. v. Texas Historical Commission

411 S.W.3d 161 · Texas Court of Appeals, 3rd District (Austin) · Sep 12, 2013

In order for a statute to be construed by the courts as allowing a claim against the government, it must clearly and unambiguously waive sovereign immunity. … Furthermore, THC’s delegated authority to “award” markers and “approve” or “reject” text is not qualified or limited so as to exclude control over substantive or historical content in particular, as Bacon suggests.

Daniel Harris v. Boh Bros. Construction Co., LLC and Abc Insurance Company

Louisiana Court of Appeal · Sep 16, 2025

Thus, there is no need to discuss that issue as clearly the government approved the specifications.” … Bell’s methodology meets Daubert standards for reliability as he established the baseline of mobility for blind individuals and utilized Mr.

Silveous v. 5 Starr Salon & Spa, L.L.C.

210 N.E.3d 1020 · Ohio Court of Appeals · Mar 16, 2023

from liability for that claim does not establish such a framework. … Accordingly, Ohio courts have consistently applied the qualified immunity recognized in Scholler and Simon to third party claims of tortious conduct directly related to an attorney's