Case law

City of Alton, Carter & Burgess, Inc., Turner, Collie & Braden, Inc., and Cris Equipment Company, Inc. v. Sharyland Water Supply Corporation

Texas Court of Appeals, 13th District · Nov 25, 2008

To qualify as a third party beneficiary a third party must show that it is either a creditor beneficiary or a donee beneficiary. … The intent to confer a direct benefit upon a third party must be clearly and fully spelled out or enforcement by the third party must be denied. Id. ; Stine v.

Kelsey v. Catena

2023 NY Slip Op 03394 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 2023

Ultimately, plaintiff bore the burden of establishing that jurisdiction was acquired ( see Cedar Run Homeowners' Assn., Inc. v Adirondack Dev. … As to the posttrial proceedings, CPL 440.10 (1) clearly provides that the authority to vacate a judgment is provided to "the court in which it was entered."

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

Spies v. Director of Revenue

854 S.W.2d 66 · Missouri Court of Appeals · Jun 1, 1993

Section 490.680 clearly states the foundation may be established by a “custodian or other qualified witness.” (emphasis added). … Collett, 708 S.W.2d at 277 [5], Therefore, the State clearly established a proper foundation under § 490.680 for admission of Exhibits B & C.

Doe v. Chicago Board of Education

339 Ill. App. 3d 848 · Appellate Court of Illinois · Jun 13, 2003

Regarding section 2—615, the Board argued that plaintiff had failed to allege facts sufficient to establish willful and wanton misconduct. … Section 4—102 of the Tort Immunity Act provides in pertinent part: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service

In re Terrence G.

109 A.D.2d 440 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 1985

The fact that respondent may have left New York jurisdiction confers on him no immunity from prosecution on the illegal weapons charge. … Rather, the court emphasized that it is the fact of the lawful arrest which establishes the authority to search: “It is scarcely open to doubt that the danger to an officer is far greater in the case of the extended exposure

State v. Smith

2012 Ohio 2722 · Ohio Court of Appeals · Jun 13, 2012

The record clearly reflects that immunity was not requested by the state and was not granted by the court. At this point the jury returned. … This record clearly reflects that Josiah did not properly invoke the Fifth Amendment, the state did not request immunity, and the trial court did not grant immunity. No immunity issue exists.

IMO Ryan Thomas Bechard and Family

Court of Chancery of Delaware · Mar 17, 2016

As Master Ayvazian correctly found in her Draft Report of February 2, 2016, you do not qualify for in forma pauperis treatment, your Complaint is incomprehensible and you manifestly lack jurisdiction to bring this matter … The Department of the Treasury is an executive department of the United States Federal Government, established by an Act of Congress in 1789.

Pagan v. SARASOTA COUNTY PUBLIC HOSP. BD.

884 So. 2d 257 · District Court of Appeal of Florida · Aug 13, 2004

by a sovereignly immune independent establishment of the state and which is subject to the type of control to which First Physicians Group is subject, is entitled to sovereign immunity. … The hospital district's immunity is not disputed by the Pagans. It is also well established that a physician employed by a sovereignly immune entity is entitled to the benefit of sovereign immunity. See Pub.

Daughton v. Maryland Automobile Insurance Fund

198 Md. App. 524 · Court of Special Appeals of Maryland · Apr 28, 2011

Motor Vehicle Administration, 302 Md. 634 , 490 A.2d 694 (1985), established that MAIF is a State agency entitled to sovereign immunity when it acts as the successor to the UCJF, the court found that MAIF also serves a “Statewide … Sovereign Immunity In Katz v.

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.

Suarez by and Through Nordan v. American Ramp Company

266 N.C. App. 604 · Court of Appeals of North Carolina · Aug 6, 2019

Opinion of the Court to immunity from suit under the provisions of N.C. Gen. … Thus, the Complaint clearly alleges the Town knew or should reasonably have known of the alleged dangerous condition.

BRUNIUS v. Parrish

34 Cal. Rptr. 3d 55 · California Court of Appeal · Sep 13, 2005

The Mining Board establishes state policy for the conduct of mining operations and the reclamation of mined lands. (§ 2755 [“The board[ 9 ] shall adopt regulations that establish state policy for the reclamation of mined … Cross-complainants cite case law addressing whether local entities were “like an arm of the State” so as to qualify for Eleventh Amendment immunity. (E.g., Lynch v.

Chestnet v. K-Mart Corp.

529 N.E.2d 131 · Indiana Court of Appeals · Oct 18, 1988

Taken as true for our present purposes, this assertion does not establish that France made a defamatory statement. Rather, it merely establishes that France was screaming. … Screaming for help certainly does not qualify as a defamatory statement.

Valerie L. May v. State

Texas Court of Appeals, 7th District (Amarillo) · Jul 3, 2007

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). … Thus, we must first determine whether the language of either the City's charter or section 51.075 clearly and unambiguously waives the City's immunity from suit.

Kissinger v. State

126 A.D.2d 139 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1987

The State, however, is not an insurer and pursuant to the qualified immunity doctrine set forth in the seminal Weiss case, "liability for injury arising out of the operation of a duly executed highway safety plan may only … These circumstances prevailing, a predicate for liability against the State for inadequate study was not established.

Board of Commissioners of Adams County v. Price

587 N.E.2d 1326 · Indiana Court of Appeals · Feb 6, 1992

Clearly, there are cases on either end of the spectrum which will fall automatically into the category of discretionary or non-discretionary functions. … Immunity may be established by governmental defendants who can show that the challenged decision was discretionary because it resulted from a policy oriented decision-making process.

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

City of Mission v. Aaron Cervantes

Texas Court of Appeals, 13th District · Mar 28, 2024

Cervantes maintained that the jurisdictional evidence 3 demonstrated that the mound of caliche qualified as a special defect, such that the City owed an invitee standard of care. … Governmental immunity deprives a trial court of jurisdiction over lawsuits in which a governmental entity has been sued unless immunity is waived by the Legislature. Travis Cent. Appraisal Dist. v.

Walter Zawislak, M.D. v. the Texas A&M University Health Science Center

Texas Court of Appeals, 10th District (Waco) · Jun 23, 2021

PLEA TO THE JURISDICTION Defendant TAMHSC is entitled to Sovereign Immunity from suit and from liability and the Plaintiff [Zawislak]’s petition fails to allege adequate grounds to establish a … Defendant [TAMHSC] asserts any and all immunities that may apply to Plaintiff [Zawislak]’s suit, including sovereign immunity to liability and to suit, official and qualified