Case law

Meador v. BIRTH-RELATED INJURY

44 Va. App. 149 · Court of Appeals of Virginia · Oct 26, 2004

As we recently explained, the Virginia Birth-Related Neurological Injury Compensation Act “provides claimants with a no-fault remedy for compensation for qualified injuries.” Cent. Va. … App. 557, 566, 593 S.E.2d 533, 538 (2004) (en banc) (“Absent a clearly expressed legislative intent otherwise, statutes should not be construed to displace long-established common law principles.”).2 Guided by these

Fischer v. Canario

277 N.J. Super. 302 · New Jersey Superior Court Appellate Division · Nov 21, 1994

Rubin was qualified as an expert in the fields of oncology, hematology, immunology, and general medicine. Dr. Roschelle was an orthopedic surgeon. … The jury charge in this case, when read as a whole, clearly instructs the jury to award plaintiff the entire amount of the damages to which he is entitled.

Parmar v. Madigan

2017 IL App (2d) 160286 · Appellate Court of Illinois · Jun 6, 2017

affirmative defenses, defendants claimed that several counts in plaintiff’s complaint failed to state a claim upon which relief could be granted. ¶ 12 In his response, plaintiff claimed that the legislature clearly … Plaintiff did not dispute Flores’s averments, but claimed that duress was established by the Estate Tax Act’s provision for penalties, interest, and personal liability.

H.S. v. Board of Regents, Southeast Missouri State University

967 S.W.2d 665 · Missouri Court of Appeals · Apr 14, 1998

Strom that his “T-eount/immune system is out of whack.” … Clearly Section 213.055 RSMo was meant to apply to the state and its political subdivisions.

Fair Share Organization, Inc. v. Mitnick

134 Ind. App. 675 · Indiana Court of Appeals · Mar 19, 1963

They followed the policy established in James v. … The cases in this state clearly indicate that an injunction is proper, in spite of the Anti-Injunction Statute, when picketing is carried on .for an illegal purpose.

Garcia v. City of Jackson

152 Mich. App. 254 · Michigan Court of Appeals · Jun 2, 1986

The Supreme Court affirmed, finding that "[t]he Court of Appeals conclusion that plaintiffs had insufficiently pleaded a nuisance cause of action is not clearly erroneous.” Ross, supra, p 657 . … We now turn our attention to the question of what a plaintiff must show to establish an intentional nuisance.

Preston State Bank, F/K/A Dallas City Bank v. Roach, John, in His Official Capacity as Collin County DA, and Collin County, Texas

443 S.W.3d 428 · Texas Court of Appeals, 5th District (Dallas) · Aug 26, 2014

To establish a takings claim, the Bank must prove (1) the State intentionally performed certain acts, (2) that resulted in a “taking” of property; (3) for public use. Gen. Servs. Comm’n, 39 S.W.3d at 598. … The Bank also argues that there is no authority to support the proposition that only “unreasonable” takings qualify for just or adequate compensation under the Constitution.

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

Bradley v. BOARD OF BUTLER COUNTY COMM'RS.

20 Kan. App. 2d 602 · Court of Appeals of Kansas · Mar 3, 1995

Even if 75-6104(j) does not provide immunity to defendants, Bradley's claims would also fail on grounds that she has not established the existence of any duty on the part of defendants to warn her of the approaching storm … Here, Bradley has failed to establish the existence of any factors that might distinguish the facts in Griffin from those here.

Paige v. Bing Construction Co.

61 Mich. App. 480 · Michigan Court of Appeals · May 30, 1975

The decision, however, established exceptions to the principle: "A child may maintain a lawsuit against his parent for injuries suffered as a result of the alleged ordinary negligence of the parent. … "The test which the court should apply in considering motions under GCR 1963, 117.2(1) is whether plaintiff’s claim, on the pleadings, is so clearly unenforceable as a matter of law that no factual development can possibly

United Water Services, Inc. v. the City of Houston

Texas Court of Appeals, 1st District (Houston) · Apr 29, 2004

A plaintiff has the burden to establish a waiver of immunity from suit. Jones , 8 S.W.3d at 638 . Immunity from suit can be waived only by legislative consent or constitutional amendment. Wichita Falls State Hosp. v. … In conducting our de novo review of this issue, we must first determine whether the language of either the City’s charter or Local Government Code section 51.075 clearly and unambiguously waives the City’s immunity to suit

Strader v. Grange Mutual Insurance

179 Or. App. 329 · Court of Appeals of Oregon · Jan 30, 2002

That certificate demonstrates that defendant has satisfied the Director that it qualifies for the exemption from the Insurance Code. ORS 731.042(3). … A review of the evidence clearly shows that the parties did not agree upon the amount in dispute.” Defendant might also have cited Dale’s Sand & Gravel v.

Lascurain v. City of Newark

349 N.J. Super. 251 · New Jersey Superior Court Appellate Division · Mar 12, 2002

The court stated: "But clearly, these individuals, both either under an absolute immunity or discretionary immunity, *752 should have their cases dismissed against them." … Thus, the test is whether a public employee reasonably believed that his or her actions were lawful in light of clearly established laws. Delbridge v.

Alake v. City of Boston

1 Mass. L. Rptr. 380 · Massachusetts Superior Court · Nov 10, 1993

“If the moving party establishes that absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat … [provides] immunity only for discretionary conduct that involves policy making or planning.” Id, at 141. “[GJovernmental immunity does not result automatically just because the governmental actor had discretion.

People v. Bracey

93 Ill. App. 3d 864 · Appellate Court of Illinois · Mar 19, 1981

The trial court clearly has the authority to grant immunity to a witness on the application of the State. (Ill. Rev. Stat. 1979, ch. 38, par. 106 — 1.) … The defendant does not dispute the fact that Neal clearly and repeatedly identified the defendant as his assailant. We believe that the prosecutor’s remarks constituted no more than harmless error.

the University Interscholastic League v. Southwest Officials Association, Inc., D/B/A Texas Association of Sports Officials

Texas Court of Appeals, 3rd District (Austin) · Aug 27, 2010

In Saenz , the Fifth Circuit stated that "the UIL clearly is imbued with ample characteristics to warrant the trial court's determination that the organization is an agency of the State of Texas," and therefore immune from … The UIL qualifies as a "governmental unit" under section 101.001(3) both as a part of UT-Austin, which derives its authority directly from the Texas Constitution, and because it derives its own status and authority from the

Daystar Residential, Inc. v. Collmer

176 S.W.3d 24 · Texas Court of Appeals, 1st District (Houston) · Jun 13, 2005

In those cases involving statements made before suit was filed, the communications were clearly made in furtherance of the attorney’s representation of his client, e.g., demand letters sent to the defendants, documents filed … Thus, the evidence was sufficient to establish the Helfand components, and there was no need for further discovery. See Clawson v. Wharton County, 941 S.W.2d 267, 273-74 (Tex.App.

Fann v. Hon. kemp/american

62 Arizona Cases Digest 28 · Court of Appeals of Arizona · Jan 21, 2022

¶5 The Senate moved to dismiss the complaint, asserting in part that legislative immunity barred the lawsuit. … Thus, the Senate is not necessarily foreclosed from establishing the privilege applies as to individual records that could conceivably fall within the Gravel/Fields framework.

Doe v. Massillon City School Dist., 2006ca00227 (6-4-2007)

2007 Ohio 2801 · Ohio Court of Appeals · Jun 4, 2007

"Under the first tier, R.C. 2744.02 (A) grants broad immunity to political subdivisions. If immunity is established under R.C. 2744.02 (A), such immunity is not absolute, however. … Youngstown , 151 Ohio App.3d 16 , 2002-Ohio-5179 ). {¶ 18} It is undisputed Appellees qualify for the general immunity granted to political subdivisions. Hubbard , supra at ¶ 11 .

Thomas v. Lehman

158 P.3d 86 · Court of Appeals of Washington · May 15, 2007

Clearly, the Legislature did not intend inmates to have unfettered, immediate access to their wages during their incarceration. C. … Neither absolute nor qualified immunity extends to § 1983 suits for declaratory relief such as this one. See, e.g., Orellana v.