Case law

Cardiology v. Wright

204 S.W.3d 676 · Missouri Court of Appeals · Oct 31, 2006

Each point is designed to establish that the trial court erred in granting immunity under Section 11111(a) of HCQIA. 5 In point one, Plaintiffs contend that Dr. … Rather, the record very clearly convinces us that the activities in question were concerned primarily with the “competence or professional conduct of a physician.” Id. The record establishes that Dr.

Dalenko v. Wake County Department of Human Services

157 N.C. App. 49 · Court of Appeals of North Carolina · Apr 1, 2003

Although plaintiff maintains the allegations of the amended complaint establish a “special relationship” between defendants and Dalenko which pierces their immunity, such an exception applies to the public duty doctrine, … Moreover, the complaint alleges Harmon took various actions in her capacity as social worker for DHS that clearly required the exercise of discretion and were not simply ministerial.

Ramos v. City of San Antonio

974 S.W.2d 112 · Court of Appeals of Texas · Mar 18, 1998

Standard of Review The general standard for reviewing a motion for summary judgment has been clearly established. … Rather, we conclude that the summary judgment evidence established that Quiroga was not in pursuit. 3.

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.

City of Fort Worth, Texas v. Harmit Chattha

Texas Court of Appeals, 2nd District (Fort Worth) · Feb 16, 2012

Therefore, we examine whether Officer Byrd has established that he acted in good faith. … In Telthorster, the supreme court set out what is necessary to establish ―good faith‖: To establish good faith, Officer Telthorster must show that a reasonably prudent officer, under the same or similar

Gustafson v. City of Austin

110 S.W.3d 652 · Texas Court of Appeals, 3rd District (Austin) · Jun 26, 2003

By six issues on appeal, Gustafson argues that the trial court erred in finding that: (1) the City of Austin enjoyed sovereign immunity; (2) Morris enjoyed official immunity; (3) Gustafson’s case was barred because there … Therefore, if Morris and the City of Austin establish the substantial truth of the statement as a matter of law, they are entitled to summary judgment. McIlwain v.

Sablic v. Croatia Line

315 N.J. Super. 499 · New Jersey Superior Court Appellate Division · Oct 23, 1998

However, we affirm the motion court's ruling that the Federal Sovereign Immunity Act immunizes Croatia Line from having to respond to Sablic's claims in our courts. … The Federal Sovereign Immunity Act does not define "ownership interest."

Garibaldi v. Applebaum

Appellate Court of Illinois · Nov 12, 1998

In Garibaldi I , we held that the hospital "clearly had a contractual relationship with Garibaldi in 1992." Garibaldi I , 273 Ill. App. 3d at 540 . … We also found that the qualified immunity granted under the Medical Practice Act only protects "individuals who serve on or provide service to those same hospital committees for actions or decisions of those individuals made

Eastham v. Arndt

28 Wash. App. 524 · Court of Appeals of Washington · Mar 2, 1981

The witness is not exonerated from answering merely because he declares that in so doing he would incriminate himself—his say-so does not of itself establish the hazard of incrimination. … Ct. 438 , 19 A.L.R.2d 378 ] (1951), and to require him to answer if "it clearly appears to the court that he is mistaken." Temple v. Commonwealth, 75 Va. 892, 899 (1881).

Aetna Casualty & Surety Co. v. James J. Benes & Associates, Inc.

229 Ill. App. 3d 413 · Appellate Court of Illinois · May 28, 1992

Act, any defenses or immunities therein provided.” … conferred by the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill.

the Texas State Office of Administrative Hearings v. Carol Birch, Charles Homer, Ann Landeros and Carol Wood

Texas Court of Appeals, 4th District (San Antonio) · Jul 24, 2013

The supreme court has reviewed the TCHRA to determine whether the state consented to suits brought thereunder and specifically held “the TCHRA clearly and unambiguously waives immunity” for suits brought under the TCHRA … Clearly, there was dysfunction in the office of the SOAH and certain people disliked each other and were unable to get along. This is likely true in any large office.

McAndrew v. School Committee of Cambridge

20 Mass. App. Ct. 356 · Massachusetts Appeals Court · Jul 11, 1985

contrary, in the pressing circumstances of the last days of August, 1980, the directors as agents of the defendants were well within their duties in doing what they could to obtain, subject to the necessary approvals, the most qualified … L. c. 71, § 38, were not applied to substitute teachers related to “day to day” substitutes and not to “extended term substitutes.” 6 “The separate reasons why the rule of immunity was established for the municipality, on

Lewis v. Morgan

2011 La.App. 1 Cir. 2182 · Louisiana Court of Appeal · Jun 8, 2012

Thereafter, the adverse party must produce factual evidence sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial. … Thus, the statute provides qualified immunity to “any person or institution providing information to the board, ... where the individual or institution acts without malice and in the reasonable belief that such information

State v. Louis

93 La.App. 3 Cir. 1201 · Louisiana Court of Appeal · Mar 2, 1994

Lewis involved aspects of both transactional or equitable immunity and use immunity. … Applying both the Caminita and Lems tests for equitable immunity, we find the record does not clearly establish whether defendant performed his side of the bargain, nor that defendant relied to his detriment on the agreement

Wallace v. Ranger Hospital District

474 S.W.2d 568 · Court of Appeals of Texas · Dec 10, 1971

The Legislature may by law provide for the creation, establishment, maintenance and operation of hospital districts composed of one or more counties or all or any part of one or more counties with power to issue bonds for … No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.” *570 Appellants say “a law is unconstitutional

Marcellus v. Mays

2012 Ark. App. 304 · Court of Appeals of Arkansas · May 2, 2012

Finally, she argues that Mays has an “established pattern of deceit” that is a “significant negative influence on the child.” We find this argument unconvincing. … Significantly, with regard to the case-at-bar, the probate code clearly states that “The parents of an unmarried minor, or either of them, if qualified and, in the opinion of the court, suitable, shall be preferred over all

Wade v. NJ Turnpike Authority

132 N.J. Super. 92 · New Jersey Superior Court Appellate Division · Jan 8, 1975

The Legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the traditional doctrine of sovereign immunity ... … On the other hand, the Turnpike Authority *98 clearly fits under the definition of "Public entities", namely as a public authority.

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

Vaughan v. Roy H. Laird Memorial Hospital

856 S.W.2d 256 · Court of Appeals of Texas · Jun 8, 1993

The motion for summary judgment and the supporting affidavits must establish that the movant is entitled to judgment as a matter of law. Anderson v. Snider, 808 S.W.2d 54, 55 (Tex.1991). … The effective date of this section was January 1, 1991, clearly after the action by the City upon which the present claim is based.

City Council of Philadelphia v. Greene

856 A.2d 217 · Commonwealth Court of Pennsylvania · Jul 21, 2004

The Housing Authority points to these provisions and cases establishing that it and similar local housing authorities and port authorities are Commonwealth agencies for the purpose of sovereign immunity to support its assertion … Likewise, even accepting that some pre-deci-sional deliberations of an agency may be privileged, the Authority does not identify what information requested by Council qualifies for this privilege.