Case law

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.

Stout v. Cumse

3 So. 3d 878 · Court of Civil Appeals of Alabama · Aug 15, 2008

Based on the allegations in the complaint, which do not clearly identify Cumse as a deputy sheriff, however, the trial court could not possibly conclude that Cumse was a deputy sheriff or that he was entitled to State immunity … ’s immunity.

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 .

Grant v. Board of Trustees of Valley View School District 365U

Appellate Court of Illinois · Feb 14, 1997

Therefore, the defendants are not immunized from liability by the provisions of the Tort Immunity Act. … All of these allegations clearly related to the official conduct of the school program. Accordingly, O'Brien is inapposite and the trial court properly dismissed count II of Maria's complaint.

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.

Schooler v. State of California

102 Cal. Rptr. 2d 343 · California Court of Appeal · Dec 1, 2000

If we were to apply the language of Health and *1011 Safety Code section 115875 to the Government Code, perhaps an adjacent bluff could fall under “beach area,” thereby qualifying as part of a “public beach.” … However, because his nuisance action is barred, he cannot establish there is a redressable nuisance for which injunctive relief is available.

Laura McClelland v. Mike Morath, Commissioner of Education in His Official Capacity; And Weatherford Independent School District

Texas Court of Appeals, 15th District · Nov 5, 2025

McClelland is independently barred from bringing her claim under the UDJA because there has been no waiver of the Commissioner’s sovereign immunity. … The Legislature clearly could not have intended to include protections for categories of leave that did not yet exist at the time of its enactment.

Dinh v. Forest Hills Public Schools

129 Mich. App. 293 · Michigan Court of Appeals · Sep 28, 1983

Unless the claim is so clearly unenforceable as a matter of law that no factual development could possibly justify recovery, the motion should be denied. … While we accept the standard established in McNees and Cobb , we find that those cases should be factually distinguished from the instant case.

Percha Creek Mining, LLC v. Fust

144 N.M. 569 · New Mexico Court of Appeals · Jun 18, 2008

Jurisdictional barriers such as immunity make joinder not possible. See id. In this litigation, the County was initially a party and took the position that it was immune. … In the settlement agreement, Plaintiff expressly stated “that it is in the public interest for the County to be dismissed from this matter with prejudice on the basis of the County’s qualified immunity as established by the

Gutierrez v. Keller

2012 La.App. 4 Cir. 0987 · Louisiana Court of Appeal · Jan 16, 2013

factfinder is clearly wrong or manifestly erroneous. … Immunity Next, the plaintiffs argue that the immunity provisions provided to emergency vehicles do not apply to this case. The immunity provision applicable to emergency vehicles is found in La.

Mahoney v. Staffa

178 A.D.2d 875 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1991

By so asserting, Mahoney has established a rebuttable presumption of qualified privilege and defendant has not offered any evidence of undue hardship in procuring the information he seeks by conducting interviews of his own … defendant’s motion to dismiss plaintiffs’ cause of action in the Court of Claims (Mahoney v Temporary Commn. of Investigation, 165 AD2d 233 ) and then concerning defendant’s request that certain documents be considered immune

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.

Ritchie v. Krasner

221 Ariz. 288 · Court of Appeals of Arizona · Apr 21, 2009

He did not qualify for the Arizona Health Care Cost Containment System (“AHCCCS”) coverage because he eaxrned too much money duxing the previous year. Eventually, Jeremy did qualify for AHCCCS and saw Dr. … Witness Immunity ¶ 58 Krasner alleges any negligent conduct arising from his entire IME with Jeremy is immune from litigation because it is witness testimony, and thus qualifies for absolute immunity. We disagree.

Feigley v. JEFFES

97 Pa. Commw. 583 · Commonwealth Court of Pennsylvania · Jun 2, 1986

Good; and allow Petitioner to audit the employment qualifications of the staff at SCI-Huntingdon to ensure that all staff members are minimally qualified for the positions which they hold. … This is clearly not authorized by Pa. R.A.P. 1514(c) and such attempted service is insufficient to vest this Court with personal jurisdiction over the Respondents.

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

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

Cline v. Rabson

856 P.2d 1 · Colorado Court of Appeals · Jul 26, 1993

And, in those instances in which the General Assembly has intended a judge to exercise the jury’s factfinding function, that intent has been clearly expressed. … the simple negligence standard of ordinary care and that it is unnecessary, for this purpose, to establish that such a driver was guilty of reckless conduct.

Maes v. Audubon Indemnity Insurance Group

139 N.M. 39 · New Mexico Court of Appeals · Dec 21, 2005

The FAIR Plan Act and the Plan’s bylaws establish the following facts about the Plan’s operations. … Maes seems to be arguing that (1) the statute clearly provides immunity for the Plan itself, (2) if the Plan indemnified the servicing carrier, that would indicate that the servicing carrier was simply acting as an instrumentality

Claspill v. State, Division of Economic Development

809 S.W.2d 87 · Missouri Court of Appeals · Mar 26, 1991

Darrell Claspill appeals from the dismissal of his personal injury action on the grounds of sovereign immunity. … To rule that this is what the legislature intended would be to greatly expand the waiver of sovereign immunity. Statutory provisions which purport to waive sovereign immunity are strictly construed. Bartley v.