Case law

Steven Jewels v. City Of Bellingham

Court of Appeals of Washington · Apr 21, 2014

Recreational use immunity is an affirmative defense that must be established by the landowner. Camicia v. Howard S. Wright Constr. Co., Wn.2d , 317 P.3d 987, 991 (2014). … The statute was clearly intended to modify the common law. Van Pinter, 121 Wn.2d at 41-42; Pavis, 144 Wn.2d at 615-16; Camicia, 317 P.3d at 992.

Nourse v. The City of Chicago

2017 IL App (1st) 160664 · Appellate Court of Illinois · Jun 14, 2017

Sections 2-105 and 2-207 would thus appear to clearly protect the City from suit for Mr. … The City thus met its initial burden of establishing that the immunity provisions of sections 2-105 and 2-207 applied. ¶ 33 In response, plaintiffs presented no evidentiary support to refute a conclusion

People v. Pacific Landmark

29 Cal. Rptr. 3d 193 · California Court of Appeal · May 31, 2005

The phrase declaring managers exempt from liability is qualified by the phrase “solely by reason of being a manager . . . .” … Had the Legislature intended such unconditional immunity, it could easily have written the statute that way.

Parker v. HUNEGNAW

364 S.W.3d 398 · Texas Court of Appeals, 14th District (Houston) · Mar 27, 2012

Taylor, 106 S.W.3d 692 , 694 n. 3 (Tex.2003) (stating, although courts often use terms “sovereign immunity” and “gov *403 ernmental immunity” interchangeably, sovereign immunity refers to State’s immunity from suit and liability … As Hunegnaw suggests, the Lain court clearly distinguished a suit against a governmental entity, which is barred by sovereign immunity, from a suit against an official of the governmental entity, for which resolution of the

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

Attorney General of Texas v. Farmers Insurance Exchange

411 S.W.3d 139 · Court of Appeals of Texas · Aug 29, 2013

In other words, they contend that former section 2251.107 *144 does nothing more than to establish that the rate filings are public information. … Here, because Ap-pellee Insurers have not asserted any claims, we cannot know whether they could establish a takings claim or whether, if established, that taking would remain uncompensated.

In Re Proc. of Multicounty Grand Jury

64 O.B.A.J. 517 · Court of Criminal Appeals of Oklahoma · Feb 12, 1993

It has been clearly established that it is constitutionally permissible to close grand jury proceedings and there is no First Amendment right of access to grand jury proceedings when the public is also excluded. … Dye, 571 P.2d 1200 (Okla.1977), is cited by one of the parties to establish what is meant by “open court” in a grand jury context.

Steigerwald v. Berea

246 N.E.3d 117 · Ohio Court of Appeals · Jun 13, 2024

In the instant case, the appellees qualify as a political subdivision under R.C. 2744.01(F). … To remove immunity under R.C. 2744.02(B)(4), appellant ‘“must establish * * * the elements required to sustain a negligence action.’’’ Garmback, 8th Dist.

Jackson v. City of San Diego

121 Cal. App. 3d 579 · California Court of Appeal · Jul 14, 1981

(§ 820.4). 5 The act thus preserved the well-established immunity for malicious prosecution which had long been thought necessary to enable law enforcement and prosecuting authorities to function (Milliken v. … the evidence of facts which, if true, would establish reasonable cause as a matter of law.)

Coleman v. Cooper

102 N.C. App. 650 · Court of Appeals of North Carolina · May 7, 1991

Certain activities are clearly governmental such as law' enforcement operations and the operation of jails, public libraries, county fire departments, public parks and city garbage services. … G.S. 108A-1 requires that “[e]very county shall have a board of social services which shall establish county policies for the programs established by this Chapter in conformity with the rules and regulations of the Social

Finderne Management Co. v. Barrett

355 N.J. Super. 197 · New Jersey Superior Court Appellate Division · Nov 20, 2002

Comm'r. of Internal Revenue, 108 T.C. 524 , 1997 WL 328581 (1997), concluded that plans similar to the EPIC Plan did not qualify for favorable *860 tax treatment. … Financial's third-party complaint and Barrett's claim for contribution and indemnification on the grounds that Rossi is immune from suit based on the statutory accountant's immunity established in N.J.S.A. 2A:53A-25.

DiMarco v. City of Chicago

278 Ill. App. 3d 318 · Appellate Court of Illinois · Feb 22, 1996

Further, it is well established that the purpose of the Tort Immunity Act is to protect local governments and their employees from liability arising out of the operation of government. Burke, 227 Ill. … Given the record, we cannot say that it is clearly evident that the City had constructive notice of the condition of the curb.

State Board of Registration for the Healing Arts v. Boston

72 S.W.3d 260 · Missouri Court of Appeals · Apr 9, 2002

There is no qualifying phrase to the effect that the two years shall be ‘after the effective date’ of Section 302.010(8). … There is no qualifying phrase to indicate that the failed attempts must occur after the effective date of the statute.

In re: QH

149 Haw. 211 · Hawaii Intermediate Court of Appeals · May 14, 2021

Further, on appeal, the Family Court's findings of fact are reviewed under the clearly erroneous standard, while the Family Court's conclusions of law are reviewed de novo. Id. … Given the record in this case, the Family Court did not clearly err in its findings and did not abuse its discretion in ordering the specified age-appropriate vaccines for Q.H.

Field v. Kearns

43 Conn. App. 265 · Connecticut Appellate Court · Sep 24, 1996

As a result, absolute immunity for the content of statements made during a quasi-judicial proceeding, as established in Petyan , applies to bar grievance proceedings. … A rule establishing absolute immunity for bar grievants protects the public confidence and the integrity of our judicial system. See Hearing on Immunity for Ethics Complaints, 96 N.J. 669, 679 , 477 A.2d 339 (1984).

People v. Bernard

149 Ill. App. 3d 684 · Appellate Court of Illinois · Nov 18, 1986

As the courts in Illinois have held, there is no reason to prohibit a qualified physician from giving an expert opinion that a child suffered from child abuse. (People v. Platter (1980), 89 Ill. … Admission of such testimony is permissible as long as the trial court is satisfied that the witness was qualified to give an opinion on the subject. (People v. Ward (1983), 112 Ill.

Koppel v. Metropolitan St. Louis Sewer District

848 S.W.2d 519 · Missouri Court of Appeals · Feb 9, 1993

After argument by the parties, the court sustained respondent’s motion on sovereign immunity grounds. This appeal ensued. … In its motion for summary judgment, respondent clearly established, by affidavit, that the requirements of provision (4) for waiver of sovereign immunity had not been met. Appellants filed no response.

Simpson v. Unemployment Insurance Compensation Appeals Board

187 Cal. App. 3d 342 · California Court of Appeal · Nov 25, 1986

As interpreted by the courts, article IX bestows on the university a general immunity from legislative regulation. … Part 2 of the code as a whole establishes SDI and NDI as distinct systems with no mechanism for reciprocity between them.

Villarin v. Rabbi Haskel Lookstein School

96 A.D.3d 1 · Appellate Division of the Supreme Court of the State of New York · Apr 12, 2012

Indeed, as noted above, in enacting Social Services Law § 413, the Legislature determined that a qualified immunity from civil and criminal liability would remove “the fear of an unjust lawsuit for attempting to help protect … The Legislature deemed qualified immunity “indispensable,” as it furthered the strong public policy of protecting children (Sabol, 93 NY2d at 721 ). This Court declines to dilute such critical statutory protection.

Gontmakher v. the City of Bellevue

85 P.3d 926 · Court of Appeals of Washington · Mar 1, 2004

Because the communication was made to a private newspaper, RCW 4.24.510 clearly did not apply. … Additionally, because RCW 4.24.510 clearly did not apply because the communication was not to a governmental agency, analyzing whether the statute excludes immunity for governmental entities was not central to the court's