Case law

City of Oak Ridge North v. Mendes

339 S.W.3d 222 · Texas Court of Appeals, 9th District (Beaumont) · Mar 24, 2011

’s pleadings cite to a statute establishing that the City waived its right to governmental immunity from being sued for breach of contract. … On appeal, the City contends that the Legislature has not clearly and unambiguously waived the City’s governmental immunity for claims alleging violations of the Texas Wiretap Statute.

Corona v. State of California

178 Cal. App. 4th 723 · California Court of Appeal · Oct 23, 2009

is nevertheless immune under Government Code section 818.4. … For this reason, the State is not entitled to immunity under section 818.4.

Blanton v. Moses H. Cone Memorial Hospital, Inc.

78 N.C. App. 502 · Court of Appeals of North Carolina · Dec 17, 1985

The Bost opinion clearly stated, however, that the doctrine of corporate negligence had been implicitly accepted and applied in a number of previous decisions. … We further hold that plaintiffs complaint sufficiently establishes a cause of action for which relief can be granted under the doctrine of corporate negligence.

Louise Haddad v. Lyft Florida, Inc.

District Court of Appeal of Florida · May 13, 2026

Here, Subsection 18 is structured to establish a broad default rule of immunity, and Subsections (18)(a)1.–3. are exceptions to that general rule of immunity. … which is clearly expressed at Subsection 18’s outset.

Layton v. Quinn

120 Mich. App. 708 · Michigan Court of Appeals · Nov 2, 1982

Out of the four opinions of the seven justices, only Justice Williams clearly abandoned the ministerial-discretionary test. The following month, the Court decided Lockaby, supra. … Established rules of law are not generally abandoned merely by implication. See People v Stoeckl, *721 347 Mich 1, 16 ; 78 NW2d 640 (1956).

State v. Summers

159 S.W.3d 586 · Court of Criminal Appeals of Tennessee · Sep 15, 2004

Thus, even if defense-benefitted use immunity were established in Tennessee, the defendant has not presented facts which would support its application in his case. … In the present case, the defendant cannot satisfy these prerequisites to establishing a constitutional claim; therefore, his bid for judicial use immunity for Halliburton must fail.

Smith v. Town of Snowmass Village

20 Brief Times Rptr. 509 · Colorado Court of Appeals · Apr 4, 1996

Following discovery, the Town moved to dismiss the Smiths’ complaint on the basis that it was immune from liability under the Colorado Governmental Immunity Act (GIA), § 24-10-101, et seq., C.R.S. (1988 Repl.Vol. 10A). … The trial court, as finder of fact under C.R.C.P. 12(b)(1), may receive any competent evidence pertaining to the issue of subject matter jurisdiction and its resolution of this issue will not be reversed unless it is clearly

Schronk v. Gilliam

380 S.W.2d 743 · Court of Appeals of Texas · Mar 26, 1964

That exclusive dominion has been qualified to make airspace a public highway. United States v. Causby, 328 U.S. 256 , 66 S.Ct. 1062 , 90 L.Ed. 1206 . … In our opinion an actionable trespass was established, and no allegation of negligence was required. We distinguish such cases as Vrazel v.

Billester v. City of Corona

26 Cal. App. 4th 1107 · California Court of Appeal · Jul 13, 1994

Courts have identified two legislative objectives for the public entity immunity established by section 17004.7. … The statute also establishes a distinction between victims struck by suspects in jurisdictions that have established pursuit policies and those that have not.

Nishitani v. Baker

82 Haw. 281 · Hawaii Intermediate Court of Appeals · Jun 28, 1996

However, where immunity claims are raised as a defense to jurisdiction, the burden is on the defendant to establish his or her immunity status. See United States v. … Therefore, although the prosecution had the burden of proving beyond a reasonable *290 doubt facts establishing jurisdiction, the defendant had the burden of proving facts in support of any defense, such as immunity, which

City of Alamo, Texas and Alamo Economic Development Corporation v. Heriberto Osuna

Texas Court of Appeals, 13th District · Nov 20, 2014

Here, we have not found a statute wherein the legislature has clearly waived appellant’s immunity from unlawful lockout suits. … & Akin to establish, or at least raise a fact issue on, a waiver of immunity.”).

Ex Parte Matthews

892 S.W.2d 208 · Texas Court of Appeals, 1st District (Houston) · Jan 2, 1995

I believe the State is clearly correct. The appellant is the criminal defendant and the one accused. The language of the statute refers to the person who is now the “accused.” … The New Mexico court held the defendant qualified his right to travel when he left the state, and upheld the conviction.

Lopez v. City of Grand Junction

2018 COA 97 · Colorado Court of Appeals · Jul 12, 2018

The CGIA ¶ 16 The CGIA establishes governmental immunity from suit for public entities and their employees in tort cases, but it also waives immunity in certain circumstances. … Given this conclusion, and based on the district court’s findings, plaintiffs met their burden to establish a waiver of immunity as to their negligence claims against the City.

State of Tennessee v. David Gilliam

Court of Criminal Appeals of Tennessee · Jul 6, 2010

The unambiguous terms of this statute, which is part of the Private Prison Contracting Act of 1986, clearly subject the defendants to criminal liability for “offenses committed . . . with regard to inmates” assigned to the … public servant knows the conduct is unlawful; or (2) Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity

American Indian Health etc. v. Kent

California Court of Appeal · Jun 19, 2018

The states’ immunity from suit is sometimes referred to as “Eleventh Amendment immunity.” … An important limit on the sovereign immunity principle was established in Ex parte Young (1908) 209 U.S. 123 [52 L.Ed. 714] (Young).

Miles Ex Rel. Miles v. Rich

347 S.W.3d 477 · Missouri Court of Appeals · Apr 26, 2011

Immunity Ms. Rich next argues that the Missouri legislature has not provided statutory immunity to the Humane Society from civil liability. This argument likewise has no merit. … See Southers, 263 S.W.3d at 611 (discussing official immunity). Here, the Humane Society did not raise immunity as a defense, and its status as a “humane society” is not the reason it is not liable.

Marshall v. Klebanov

378 N.J. Super. 371 · New Jersey Superior Court Appellate Division · Jun 22, 2005

It has been established that a physician must "safeguard the patient from a reasonably foreseeable self-inflicted injury." Cowan v. … As the emphasized language clearly recognizes, plaintiff's theory of liability is predicated upon defendant's inactions in the face of decedent's "high risk of suicide."

Howard v. Miami Township Fire Division

171 Ohio App. 3d 184 · Ohio Court of Appeals · Mar 30, 2007

After establishing immunity, the next tier of the analysis turns on whether one of the exceptions to immunity set forth in R.C. 2744.02(B)(1) through (5) applies. Id. … of discretion to which immunity would attach.

Govan v. Philadelphia Housing Authority

848 A.2d 193 · Commonwealth Court of Pennsylvania · Apr 27, 2004

The record clearly supports Govan’s position when reviewed in a light most favorable to Govan as the non-moving party. … This undisputed evidence establishes that PHA had possession of or control over the dog for purposes of the sovereign immunity exception for care, custody, or control of animals.

Esperanza Andrade, in Her Official Capacity as Secretary of State for the State of Texas v. NAACP of Austin, Nelson Linder, Sonia Santana and David Van Os

Texas Court of Appeals, 3rd District (Austin) · Apr 10, 2009

We determine only whether sovereign immunity bars that claim. … It is too much of a stretch to conclude that, upon failing to uncover every existing error, such a recount would necessarily fail to qualify as a "recount" for the purposes of section 211.001.