Case law

Bonitsis v. NJ INSTITUTE OF TECH.

363 N.J. Super. 505 · New Jersey Superior Court Appellate Division · Oct 29, 2003

To reverse the trial court's evidentiary ruling, we must find that the trial judge's decision was clearly capable of producing an unjust result. R. 2:10-2. … Collini's letters was clearly capable of producing an unjust result. Accordingly, plaintiff is entitled to a new trial on that claim.

Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight, Individually and as Next Friend of Nayla McKnight v. Leah Anne Gonski Marino F/K/A Leah Anne Gonski and Jaou-Chen Huang, M.D.

Texas Court of Appeals, 1st District (Houston) · Jul 6, 2015

Sovereign Immunity and Section 101.106 Dismissal By common law, the State is immune from suit unless it consents by waiving immunity. Tex. Adjutant General’s Office v. … entitled to immunity or that Dr.

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.

Coyne v. Kaufman County

144 S.W.3d 129 · Texas Court of Appeals, 11th District (Eastland) · Jul 15, 2004

Nor can Plaintiffs establish that the County’s actions fall within the limited waiver of immunity found in the Texas Tort Claims Act. … The court held that a governmental entity’s nuisance liability arises only when governmental immunity is clearly and unambiguously waived by statutory provision. City of Dallas v. Jennings, supra at 316.

Sanford v. Sanford

15 Md. App. 390 · Court of Special Appeals of Maryland · May 19, 1972

Moore, 197 Md. 61 , clearly sets up an exception to the general rule that a child cannot sue his father; 3. There is a modern trend abolishing such immunity.” … In regard to reason (3), we discussed “the modern trend establishing such immunity” in Latz at 728-734 .

Donnell v. HCA Health Services of Kansas, Inc.

29 Kan. App. 2d 426 · Court of Appeals of Kansas · Jul 6, 2001

The group of family practice physicians was formed in order that HCA might compete with other hospitals in the Wichita area which already had established clinics. We taire it that Dr. … When opposing a motion for summary judgment, an adverse party must come forward with evidence to establish a dispute as to a material fact.

New York Schools Insurance Reciprocal v. Milburn Sales Co.

105 A.D.3d 716 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 2013

Here, the plaintiff failed to meet its burden of establishing that the requested material was prepared solely in anticipation of litigation and, thus, is protected from disclosure by the qualified immunity privilege of CPLR … Since the plaintiff did not establish that the requested material was protected by the qualified immunity privilege set forth in CPLR 3101 (d) for material prepared exclusively in anticipation of litigation, there was no

Matter of Cm

578 N.W.2d 391 · Court of Appeals of Minnesota · Jun 2, 1998

Here, the police publicly distributed a notice that clearly suggested that relator had been convicted of sexually assaulting C.B., when in fact he had not been. … Fischley, 557 N.W.2d 328, 332-33 (Minn.1997) (noting that immunities are meant to immunize the government against suit rather than merely against liability).

Vannerson v. Klevenhagen

908 S.W.2d 37 · Texas Court of Appeals, 1st District (Houston) · Sep 14, 1995

We further agree with plaintiffs that Harris County has not established that it is shielded by sovereign immunity in this case. … Article 3909 clearly did not apply to the county. 5 .

v. Elder

490 P.3d 985 · Colorado Court of Appeals · Nov 19, 2020

See § 18-1-503(3), C.R.S. 2020 (“If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts recklessly, knowingly, or intentionally … is a minimum to establish a waiver of immunity.

Mississippi Gaming Commission v. Baker

755 So. 2d 1129 · Court of Appeals of Mississippi · May 6, 1999

In the case sub judice, the agents argue that they should be entitled to qualified immunity under the Mississippi Tort Claims Act, Mississippi Code Annotated Section 11-46-9. … Although the agents asserted that they were protected by this provision in their answers and defenses pleadings, no further mention of the Tort Claims Act or qualified immunity exists in the record.

Professional Ambulance Service, Inc. v. Blackstone

35 Conn. Super. Ct. 136 · Connecticut Superior Court · Dec 12, 1978

Section 19-73ee 2 authorizes the establishment of a series of regional emergency medical service councils. … [the principle of state action immunity], then, requires that the state regulation be instituted by public officials and that it embody safeguards demonstrably protective of the public interest/ Teply, ‘Antitrust Immunity

Otterbeing Maineville, L.L.C. v. Carman

2025 Ohio 1013 · Ohio Court of Appeals · Mar 24, 2025

: [I]f the Legislature intended to grant the broad immunity from personal liability [that] the [trial] court found, and which defendants urge, it would have done so more clearly … And residential care facilities like Otterbein qualify as "suppliers" under the Act. Id. at ¶ 28, fn. 5.

Thome v. Alexander & Louisa Calder Foundation

70 A.D.3d 88 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 2009

Further, defendants Mary Calder Rower, Sandra Calder Davidson, and Shaun Davidson moved to dismiss on the ground that, as noncompensated trustees of a qualified charitable foundation, they are immune from liability. … Qualified Immunity Lastly, the complaint could not proceed in any event against the individual defendants, who are entitled to qualified immunity pursuant to Not-For-Profit Corporation Law § 720-a, in view of the affidavit

Ward v. City of Lebanon

273 S.W.3d 628 · Court of Appeals of Tennessee · Apr 25, 2008

App. 1992), which held that a dangerous or defective condition on a public street, for which immunity is removed in Tenn. … The record establishes that Sissom was qualified to testify as an expert in the field of engineering, and could testify regarding the standards in that industry as they related to the issues in this case.

Findleton v. Coyote Valley Band of Pomo Indians

1 Cal. App. 5th 1194 · California Court of Appeal · Jul 29, 2016

The Tribal Council’s powers also include enacting laws, statutes and codes, and establishing tribal courts. … “Consistent with this policy,” the cases hold that “ ‘tribal courts are best qualified to interpret and apply tribal law.’ ” (Prescott v. Little Six, Inc. (8th Cir. 2004) 387 F.3d 753, 756.)

Coleman v. Windham Aviation Inc.

Superior Court of Rhode Island · Oct 19, 2006

Based on this test of strict statutory construction, this Court does not believe that the "sued and be sued" language of § 42-64-6 clearly evidences an intent by the Legislature to waive any and all governmental immunity … If the operation of the Westerly State Airport does not qualify under this standard, then RIAC will not be entitled to immunity under the public duty doctrine.

Fleming Companies, Inc. v. Moreira

690 So. 2d 1367 · District Court of Appeal of Florida · Apr 2, 1997

The court also established that where the association between the employee and the special employer is in doubt, the actual employment relationship, and not the subjective intent of the parties, is controlling. … Here, Regency is in the business of supplying temporary help and provided workers' compensation coverage, thereby clearly falling under the terminology of Section 440.11(2). See Sagarino v.

O'LAUGHLIN v. Windham

330 S.C. 379 · Court of Appeals of South Carolina · Mar 16, 1998

The Act was adopted to ensure “that the State, and its political subdivisions are only liable for torts within the limitations of this chapter and in accordance with the principles established herein.” … As a ministerial recorder, Cure has statutorily defined powers which are clearly limited to the issuance of summonses, subpoenas, and warrants. S.C.Code Ann. § 14-25-115 (Supp.1997).

Read v. City of Lynwood

173 Cal. App. 3d 437 · California Court of Appeal · Oct 7, 1985

This immunity extends to the public employee’s employer (Gov. Code, § 815.2(b)). … Should she establish at trial that the council eliminated this position to prevent her from assuming her former position, it would follow that a four-fifths majority would have been required.