Case law

Hainsworth v. Martin

386 S.W.2d 202 · Court of Appeals of Texas · Jan 20, 1965

Ed.2d 481 : “ * * * Wesberry clearly established that the fundamental principle of representative government in this country is one of equal representation for equal numbers of people, without regard to race, sex, economic … “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.”

Huckaby v. A.G. Perry & Son, Inc.

20 S.W.3d 194 · Texas Court of Appeals, 6th District (Texarkana) · May 2, 2000

Whether an expert is qualified is, under Rule 104(a), a preliminary question to be decided by the trial court. … “[T]he party offering the expert’s testimony bears the burden to prove that the witness is qualified under [Rule] 702.”

Stallman v. Youngquist

152 Ill. App. 3d 683 · Appellate Court of Illinois · Feb 11, 1987

Further, a trial court must take as true well-alleged facts in an affidavit, where uncontradicted by a counteraffidavit, despite any contrary averments in an adverse party’s pleadings that merely purport to establish issues … We note that the Michigan Court of Appeals, applying Michigan’s qualified abrogation of parental tort immunity, has held that a child’s mother bears the same liability for negligent conduct, resulting in prenatal injuries

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.

Parmertor v. Chardon Local Schools

119 N.E.3d 436 · Ohio Court of Appeals · Feb 4, 2019

Surveillance video establishes 6 seconds elapsed between the first shot that was fired while the gun was still in the backpack and the last shot that was fired in the cafeteria. … Nothing in Baeppler’s curriculum vitea establishes how he is qualified to draw these conclusions regarding the School Employees’ standard of care. {¶36} Further, the ultimate question of whether the Chardon School

Texas Department of Criminal Justice v. Bibiana Flores

555 S.W.3d 656 · Texas Court of Appeals, 8th District (El Paso) · Jun 22, 2018

PLEAS TO THE JURISDICTION UNDER THE LABOR CODE Sovereign immunity protects state agencies from lawsuits unless the Legislature waives the immunity. Tex. Parks & Wildlife Dep’t v. … To establish a prima facie case of disability discrimination, a plaintiff must show that: (1) she has a “disability;” (2) she is “qualified” for the job; and (3) she suffered an adverse employment decision because of that

James v. Underwood

438 S.W.3d 704 · Court of Appeals of Texas · May 8, 2014

“In determining whether an act was clearly outside a judge’s jurisdiction for judicial immunity purposes, the focus is not on whether the judge’s specific act was proper or improper, but on whether the judge had the jurisdiction … James’s effort to invoke a statutory exception to broad judicial immunity is an attempt to establish subject matter jurisdiction.

State v. Williams

241 Wis. 2d 1 · Court of Appeals of Wisconsin · Dec 27, 2000

Unlike Hanson , where the prosecutor's sentencing recommendation was immediately followed by the qualifying phrase, "[hjaving said that," here the prosecutor's subsequent statement was not introduced with any qualifying language … Here the prosecutor clearly indicated in this phase of her remarks that she was speaking to the victim's position, not to the State's obligation under the plea agreement. ¶ 43.

Meyer v. City of Oakland

107 Cal. App. 3d 770 · California Court of Appeal · Jun 30, 1980

Chapter 3 of the Act (commencing with § 844) establishes various exceptions to the general rule in the subject matter area defined by the chapter’s title (Police and Correctional Activities). … It nevertheless does not end our inquiry, because of the distinguishable feature that his “confinement” was qualified by the statute which both enabled and defined it. (Pen. Code, § 647, subd.

Wilde v. Schwegmann Bros. Giant Supermarkets, Inc.

160 So. 2d 839 · Louisiana Court of Appeal · Feb 3, 1964

The evidence clearly establishes that plaintiff was not held by defendant for the purpose of ascertaining the true facts, but simply to obtain a confession. … The mere fact that defendants permitted her to write the qualifying statement on the bottom thereof evidences their own uncertainty.

McGuire v. Honeycutt

387 So. 2d 674 · Louisiana Court of Appeal · Jul 30, 1980

We find that the record does not establish an intentional act within this definition. … These cases clearly establish that the Legislature may validly regulate causes of action including replacement or abolition that one person may have against another for personal injuries.

Garcia v. New York City Department of Health & Mental Hygiene

144 A.D.3d 59 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 2016

Petitioners have failed to establish that the State has “clearly evinced a desire to preempt an entire field thereby precluding any further local regulation” (Jancyn Mfg. … directed, to state immunization efforts.

People Ex Rel. Madigan v. EXCAVATING AND LOWBOY SERVICES, INC.

388 Ill. App. 3d 554 · Appellate Court of Illinois · Feb 13, 2009

The void in the terms of the Environmental Act is, however, adequately compensated by the established rules found in the Claims Act and the Immunity Act. … Four well-established criteria guide the granting of injunctive relief: (1) the existence of a clearly ascertainable right in need of protection; (2) that irreparable harm will occur in the absence of the injunction; (3)

City of New Braunfels v. Roger G. Allen

Texas Court of Appeals, 3rd District (Austin) · Apr 1, 2004

Barfield , 898 S.W.2d 288, 296 (Tex. 1995) ("The statute clearly waives immunity; indeed, there would be no purpose for the Act at all if immunity were not waived."). … Although the legislative history is unclear as to why section 554.0035 was added, we believe the first sentence of section 554.0035 and section 554.003 clearly waive immunity from suit , while the second sentence of section

City of New Braunfels v. Roger G. Allen

Texas Court of Appeals, 3rd District (Austin) · Apr 1, 2004

Barfield, 898 S.W.2d 288, 296 (Tex. 1995) (“The statute clearly waives immunity; indeed, there would be no purpose for the Act at all if immunity were not waived.”). … Although the legislative history is unclear as to why section 554.0035 was added, we believe the first sentence of section 554.0035 and section 554.003 clearly waive immunity from suit, while the second sentence of section

Zeilman v. County of Kern

168 Cal. App. 3d 1174 · California Court of Appeal · Jun 6, 1985

It clearly was not intended to embrace persons detained by law officers temporarily for purposes of investigation. [Citations omitted.]” (Larson, supra, at p. 97 .) … Stephen was not in fact in need of immediate medical care and clearly lack of medical care did not ‘cause’ the death.

Amy Sipes and Tana (Trevino) Waddell v. the City of Grapevine

Texas Court of Appeals, 2nd District (Fort Worth) · Aug 31, 2004

If a motion clearly sets forth its grounds and otherwise meets rule 166a’s requirements, it is sufficient to raise both traditional and no-evidence grounds for summary judgment, even if the motion does not clearly delineate … Once the movant establishes sovereign immunity as a matter of law, the burden of production shifts to the non-movant to establish a waiver of immunity. Thompson, 57 S.W.3d at 552 .

City of Houston v. Brenda Garcia Cruz

Texas Court of Appeals, 1st District (Houston) · Dec 28, 2023

Second, the City argued that the TTCA does not clearly and unequivocally waive the City’s immunity for claims of negligence per se. … Id. at 867 (stating that plaintiff’s burden requires both “satisfying the provisions that clearly and affirmatively waive immunity and negating any provisions that create exceptions to, and thus withdraw, that waiver”).

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.

Harris County, Texas, Port of Houston, Authority, Harris County Flood Control District, Houston Independent School District, City of Houston, Harris County Hospital District, Harris County Department of Education, and Houston Community College System v. Falcon Hunter, LLC

Texas Court of Appeals, 14th District (Houston) · Feb 7, 2019

The Taxing Units contend that Falcon Hunter failed to plead facts establishing subject-matter jurisdiction because it did not plead a waiver of governmental immunity applicable to its claim or, alternatively, did not plead … They argued that Tax Code section 31.11(k) does not clearly and unambiguously waive governmental immunity for a lawsuit seeking a refund of penalties, interest, and collection fees.