Case law

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.

Lampkins v. Commonwealth

44 Va. App. 709 · Court of Appeals of Virginia · Jan 18, 2005

The Commonwealth bears the “‘“burden of establishing a breach by the defendant [of the cooperation/immunity agreement] if the agreement is to be considered unenforceable.”’” … We conclude that the government bore the burden of establishing a breach by the appellant.

Terry v. Ottawa County Board of Mental Retardation & Developmental Delay

165 Ohio App. 3d 638 · Ohio Court of Appeals · Feb 24, 2006

(Emphasis added.) {¶ 31} Clearly, the trial court, in its decision quoted above, evaluated the evidence upon which Dr. … Ottawa County MR/DD’s motion to dismiss on grounds of governmental immunity was granted. It is not a party to this appeal. 2 .

Loandria Dahmer v. Western Kentucky University

Court of Appeals of Kentucky · Dec 21, 2022

QUALIFIED IMMUNITY As noted above, the first question on appeal is whether the trial court properly granted Caboni’s and Anderson’s motion for summary judgment based upon qualified immunity. … therefore entitled to qualified immunity.

Loyd v. ECO Resources, Inc.

956 S.W.2d 110 · Texas Court of Appeals, 14th District (Houston) · Sep 18, 1997

We hold that the MUD established its defense of governmental immunity from liability on appellants’ contract, tort, DTPA, products liability and UCC claims as a matter of law. … Therefore, we must conclude that ECO failed to establish its entitlement to the affirmative defense of immunity as a matter of law.

State v. Broady

41 Ohio App. 2d 17 · Ohio Court of Appeals · Jul 23, 1974

There were several eyewitnesses who identified defendant as the killer and whose testimony was sufficient to establish either that defendant, or someone who resembled him so closely as to be his “double” was the assailant … However, the record does not clearly indicate that an objection was made by defense counsel herein to the invocation of the attorney-client privilege.

Justin E. Briggs, Individually and Justin E. Briggs as Next of Friend of Austin E. Briggs v. Toyota Manufacturing of Texas

Texas Court of Appeals, 4th District (San Antonio) · Dec 15, 2010

process by which a general contractor qualifies for immunity from common-law tort claims brought by the employees of its subcontractors. … To qualify for immunity under the statute, a written agreement is absolutely necessary. See Entergy Gulf States, 282 S.W.3d at 436.

Monson v. City of Danville

2017 IL App (4th) 160593 · Appellate Court of Illinois · Jul 28, 2017

the immunity afforded by the Act. … The college responded that its building and grounds director’s handling of the height deviation clearly involved policy and discretion, which afforded the college immunity under section 2-201 of the Act.

Polk County v. Sofka

675 So. 2d 615 · District Court of Appeal of Florida · Apr 19, 1996

This Court and the district courts of appeal have established the principle that traffic control methods and the failure to upgrade intersections with traffic control devices are judgmental, planning-level decisions, which … However, the jury clearly resolved this issue in the plaintiff's favor. [2] City of St. Petersburg v.

Flying T Ranch, Inc., V. Stillaguamish Tribe Of Indians

Court of Appeals of Washington · Jun 3, 2024

In the absence of comprehensive legislation by Congress regulating tribal sovereign immunity, the United States Supreme Court has upheld tribal sovereign immunity for claims for which the FSIA clearly waived foreign nations … It is clearly necessary that the territorial sovereign reserve the authority to determine title disputes notwithstanding a foreign putative owner’s claims of immunity, because the operation of the local action rule would

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

City of Weslaco and City of Donna v. Emilio Cantu

Texas Court of Appeals, 13th District · Feb 5, 2004

This conduct is clearly intentional. See City of Laredo v. Nuno , 94 S.W.3d 786 (Tex. App.–San Antonio 2002, no pet.) … Since the pleadings fail to allege any negligent conduct, and the Tort Claims Act does not waive sovereign immunity for intentional torts, appellee has failed to establish a waiver of sovereign immunity.

People v. Helmsley

170 A.D.2d 209 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 1991

one offense are in the main clearly distinguishable from those establishing the other; or "(b) Each of the offenses as defined contains an element which is not an element of the other, and the statutory provisions defining … from those establishing the other.

People v. Peterson

397 Ill. App. 3d 1048 · Appellate Court of Illinois · Feb 10, 2010

Ct. 1480 (1996), the United States Supreme Court rejected the notion that selective prosecution qualifies as an affirmative defense. … Defendant’s cross-appeal challenges the court’s pretrial rulings regarding discovery related to selective prosecution, defendant’s motion to dismiss the criminal charges based on federal preemption and immunity under the

Zuni Pub. Sch. Dist. 89 v. State Pub. Educ. Dep't

2012 NMCA 48 · New Mexico Court of Appeals · Feb 6, 2012

“Mandamus is appropriate to compel the performance of an affirmative act by another where the duty to perform the act is clearly enjoined by law and where there is no other plain, speedy[,] and adequate remedy in the ordinary … While Congress established the Federal Impact Aid program and set guidelines for states to receive federal equalization certification, New Mexico law sets out the method for SEG distributions and establishes the formula for

Zachel v. Mahaney

6 Ohio App. Unrep. 201 · Ohio Court of Appeals · Jul 13, 1990

To qualify for recreational-user immunity, property need not be completely natural, but its essential character should fit within the intent of the statute "Generally speaking, recreational premises include elements such … For example, we recognize immunity to the owner of a park (which qualifies as recreational premises), whether the injury is to one who is jogging in the park, tinkering with a model airplane or reading poetry to satisfy a

State v. Zwillman

112 N.J. Super. 6 · New Jersey Superior Court Appellate Division · Oct 19, 1970

Here the defendant was not allowed to go into the specific circumstances under which the immunity was based or the nature of arrangements made for immunity. … A trial judge may intervene in the trial during the introduction of evidence to qualify or expedite matters.

Integrated Project Services v. HMS Interiors, Inc.

2007 Pa. Super. 246 · Superior Court of Pennsylvania · Aug 16, 2007

Accordingly, indemnification provisions are given effect only when clearly and explicitly stated in the contract between two parties. Greer v. … “Case law has established that the indemnity provision in the Workmen’s Compensation Act must be construed strictly, and general indemnity language such as ‘any or all’ or ‘any nature whatsoever’ is insufficient.”

In the Matter of Arbitration Between United Public Workers, Afscme, Local 646, Afl-Cio

200 P.3d 418 · Hawaii Intermediate Court of Appeals · Jan 27, 2009

"[I]t is well established that the State's liability is limited by its sovereign immunity, except where there has been a `clear relinquishment' of immunity and the State has consented to be sued." Taylor-Rice v. … UPW contends that the State "clearly relinquished" its immunity because the underlying action is in the nature of assumpsit and post-judgment interest, therefore, accrues pursuant to HRS § 478-3 (1993). Chun v.

State Workmen's Insurance Fund v. Caparo Real Estate Inc.

160 Pa. Commw. 581 · Commonwealth Court of Pennsylvania · Dec 21, 1993

, clearly stated situations, and as previously determined, it is the duty of this court to strictly construe this statute. … In Specter , the Supreme Court established the analysis to be used to determine whether various agencies and authorities created by the General Assembly are to be considered "the Commonwealth”.