Case law

State v. Durham

748 So. 2d 1 · Louisiana Court of Appeal · Aug 20, 1999

Johnny Reid and Raymond Holloway each provided testimony pursuant to a grant of immunity. Sharon Doyle was not tried on these charges, nor was she granted immunity. … Malfeasance, however, clearly applies.

Cole v. Ladbroke Racing Michigan, Inc

241 Mich. App. 1 · Michigan Court of Appeals · Jul 26, 2000

Ordinarily, we would deem the immunity defense waived. … The release clearly expressed defendant’s intention to disclaim liability for all injuries, including those attributable to its own negligence.

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."

Sullivan v. Malta Park

2014 La.App. 4 Cir. 0823 · Louisiana Court of Appeal · Dec 10, 2014

Schmidt answered the suit and asserted the affirmative defense of qualified immunity. In February 2014, Mr. Schmidt filed a motion for summary judgment or an alternative exception of no cause of action. … Schmidt affirmatively pled qualified immunity in his answer. The issue of whether the qualified privilege applies is thus properly before us.

Erickson v. State

824 P.2d 725 · Court of Appeals of Alaska · Dec 13, 1991

Erickson next argues that the state presented insufficient evidence to establish his specific intent to bomb Twogood. … Judge Johnstone found that Coletta never made any promises of immunity or implied that he could give Erickson immunity. The state’s position was that if Erickson was being truthful, he did not need immunity.

Broussard v. Dept. of Transp. & Dev.

539 So. 2d 824 · Louisiana Court of Appeal · Feb 8, 1989

With the building of the bridge, those establishments closed and no retail businesses remain. … If the term "undeveloped" as used in Ratcliff refers to any residential development, then clearly there is none.

Richard v. Weill Const. Co., Inc.

446 So. 2d 943 · Louisiana Court of Appeal · Mar 7, 1984

In the present case, plaintiff's petition clearly reveals that Weill was the general contractor on the job where plaintiff was working at the time of the accident and that his immediate employer, Aristile LeBlanc, was performing … Weill is therefore immune from tort liability. LSA-R.S. 23:1032 and R.S. 23:1061; Barnhill, supra. There is no issue of material fact as to this position.

Baugh v. Maintenance & MacHine Erectors, Inc.

157 Or. App. 128 · Court of Appeals of Oregon · Nov 4, 1998

ORS 656.855 charges the director of DCBS with the task of establishing a licensing system for worker leasing companies. … Moreover, if a worker leasing company provides both leased workers and workers on a temporary basis, it must also maintain payroll records that show specifically which workers are provided on a temporary basis, thus clearly

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

Poe v. Univ. of Cincinnati

2013 Ohio 5451 · Ohio Court of Appeals · Dec 12, 2013

Univ. of Cincinnati, 111 Ohio St.3d 541, 2006-Ohio-6208, ¶ 25. {¶7} R.C. 2743.02(F) establishes the procedure for determining the immunity R.C. 9.86 grants, stating "[a] civil action against an officer or employee … Canady accepted input from UC on matters related to the residency program, the record clearly shows Dr.

C.H. v. Department of Children and Families

New Jersey Superior Court Appellate Division · Mar 19, 2026

Qualified immunity is not provided to public employees under certain circumstances as set forth at N.J.S.A. 59:3-14(a), providing public employees are subject to full liability "if it is established that [their] conduct … The record clearly indicates that Dr.

Braun v. Target Corp.

2009 Pa. Super. 206 · Superior Court of Pennsylvania · Oct 23, 2009

JMB affirms it established each prong of the McDonald test and was entitled to statutory employer immunity. … In those situations, the general contractor who meets the five-part McDonald test qualifies as the statutory employer of the subcontractor’s employee, and is immune from suit by that employee. Id.

Andrew Matej v. Texas Park & Wildlife Department

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2024

Because a statutory violation is necessary to establish a waiver of immunity, the jurisdictional and merits inquiries for the statutory claim are intertwined. Id. at 783. … To establish a prima facie case of discrimination under the TCHRA, a plaintiff must show that he: (1) is a member of a protected group; (2) was qualified for the position at issue; (3) suffered an adverse employment action

Roberto Diaz, Jr. Individually, and Next Friend of Robert C. Diaz, a Minor v. the Canutillo Independent School District

Texas Court of Appeals, 8th District (El Paso) · Feb 3, 2010

Sovereign immunity includes two distinct principles, immunity from liability and immunity from suit. Miranda, 133 S.W.3d at 224; Jones, 8 S.W.3d at 638. … Employers is clearly distinguishable because it did not involve the Tort Claims Act.

1 v. Board of Education of Lake Forest High School District 115

2024 IL App (2d) 230173 · Appellate Court of Illinois · May 30, 2024

For instance, it also immunizes public entities from defamation claims. See 745 ILCS 10/2- 107 (West 2022) (granting immunity “for injury caused by any action of its employees that is libelous or slanderous”). … At this stage in the litigation, we must consider only the facts alleged in the complaint and clearly established by the exhibits to the complaint. Lake Point Tower Condominium Ass’n v.

Gatlin v. Entergy Corp.

904 So. 2d 31 · Louisiana Court of Appeal · May 4, 2005

[b]ut to try to establish a negligence case against his employer, who is statutorily immune from any theory of negligence on the part of its employees, would in effect represent a double deduction and essentially a denial … As established by the clear terms of the policy, National Union was obligated to both defend and indemnify ELI in those capacities.

Shaul v. Brenner

10 Neb. Ct. App. 732 · Nebraska Court of Appeals · Dec 18, 2001

Plaintiffs then argue that the diversion program was not established by Banner County with the concurrence of the county board as required by Neb. Rev. … The allegations in the petition clearly show an agent-principal relationship was disclosed to plaintiffs.

Gibson v. Boyle

139 Ariz. 512 · Court of Appeals of Arizona · Dec 20, 1983

As a result of this cross-examination, Deputy Palmer stated that he was not a qualified expert at the time his investigation was conducted, although he stated that his speed estimates were verified by a Lieutenant May. … The evidence presented at trial clearly indicates that Kelly Boyle was driving at a speed greater than the posted speed limit. Violation of a statute enacted for public safety is "negligence per se." Kauffman v.

Ruston Hospital, Inc. v. Riser

191 So. 2d 665 · Louisiana Court of Appeal · Oct 31, 1966

We think the above principle is clearly indicated in the constitutional provision exempting places devoted to charitable undertakings, which word, by common definition and usage, connotes "a setting apart", "a dedication" … The stipulation in the instant case not only fails to establish a charitable use of plaintiff's property but definitely negates such a conclusion.

Estate of Oder v. Wahl

67 Ohio App. 3d 596 · Ohio Court of Appeals · May 8, 1990

The historic judicial and legislative machinations surrounding governmental immunity have been tediously recorded and require no replication here. 3 Clearly, then, the municipality has a duty to keep its streets “open, in … There, as here, the provisions of the MUTCD were relied upon to establish duty and avoid immunity.