Case law

Antonio Labrado, Jr. D/B/A Sunset Enterprises v. the University of Texas at El Paso

Texas Court of Appeals, 3rd District (Austin) · Jan 5, 2012

(establishing 180-day deadline for written notice of breach-of-contract claim to governmental unit). … Express waiver Sunset contends that the parties’ contract clearly, unambiguously, and expressly waives UTEP’s immunity from suit.

Antonio Labrado, Jr. D/B/A Sunset Enterprises v. the University of Texas at El Paso

Texas Court of Appeals, 3rd District (Austin) · Jan 5, 2012

Express waiver Sunset contends that the parties' contract clearly, unambiguously, and expressly waives UTEP's immunity from suit. … (establishing 180-day deadline for written notice of breach-of-contract claim to governmental unit).

Pearson v. Reed

6 Cal. App. 2d 277 · California Court of Appeal · Apr 19, 1935

As observed by a distinguished English judge, it would establish the weakness of judicial authority in a degrading responsibility. (Taaffe v. Downes, 3 Moore P. C. 41 n.) … The immunity is absolute and is grounded on principles of public policy.

Mackey v. Bd. of Trs. of the Cal. State Univ.

242 Cal. Rptr. 3d 757 · California Court of Appeal, 5th District · Jan 23, 2019

To avoid this result, plaintiffs argue CSUSM's receipt of federal funds under title VI waives its sovereign immunity. (See 42 U.S.C. § 2000d-7(a)(1) [no Eleventh Amendment immunity for violations of title VI].) … CSUSM's college athletics qualify as a federally funded "program or activity." ( Id. , § 2000d-4a.)

ISI Contracting, Inc. and Guerra Construction v. Naomi Markham, Carrie Markham, and Trevor Markham, Individually and as the Administrator of the Estate of Joslyn Markham

Texas Court of Appeals, 4th District (San Antonio) · Apr 27, 2022

Just as section 101.021 waives immunity based on the nature of the legal injury or damage rather than the type of cause of action or claim, section 97.002 creates immunity for qualifying contractors based on the nature … The record conclusively establishes that in their respective motions, ISI and Guerra each moved for summary judgment against all the Markhams’ claims based on immunity from liability under section 97.002, and the trial

Sirlin v. Town of New Castle

35 A.D.3d 713 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 2006

Schanbarger v Kellogg, 423 US 929 [1975]; Iorio v City of New York, 19 AD3d 452, 453 [2005]; Carlton v Nassau County Police Dept., 306 AD2d 365, 366 [2003]), and establishes their entitlement to qualified immunity by demonstrating … The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the warrantless arrest of the plaintiff in the doorway of his home did not implicate his constitutional rights

United Federation of Teachers, Local 2 v. Board of Education of the City School District

298 A.D.2d 60 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2002

The starting point for our analysis is the principle that “[a]n arbitration award may not be vacated unless it violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the … [Candor Teachers Assn.], 42 NY2d 266, 272 ), the school board’s ultimate determination on a matter bearing directly on the maintenance of educational standards generally remains immune from arbitral review.

Carey v. Kitson

93 A.D.2d 50 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1983

In this regard, it is well established that the remedy of prohibition is available only where there is a clear legal right and lies only when a court ‘acts or threat *58 ens to act without jurisdiction in a matter of [sic … ‘Immunity.’

Weible, R. v. Wells, W.

2017 Pa. Super. 49 · Superior Court of Pennsylvania · Feb 27, 2017

As Torch clearly stated, local governments have immunity from a claim of adverse possession when the land in question is devoted to public use. Nelson v. Dibble, 353 Pa.Super. 537 , 10 A.2d 792 , 794 (1986). … Thus, finding that the Wellses established that they adversely possessed the land from the latter dates, see infra pp. 1223-26, this issue is moot. .

Russell v. Southeast Housing, LLC

162 So. 3d 262 · District Court of Appeal of Florida · Mar 11, 2015

“The federal government’s immunity from state taxation was established by the United States Supreme Court in McCulloch v. … In so holding, the trial court relied upon two tax cases involving the issue of ownership for purposes of qualifying for an exemption under Florida law.

Boyertown Area School District v. Department of Education

797 A.2d 421 · Commonwealth Court of Pennsylvania · May 2, 2002

, immunities, duties liabilities, or obligations. … First, the school districts clearly have a property interest at stake.

Gonzales v. City of San Jose

23 Cal. Rptr. 3d 178 · California Court of Appeal · Dec 16, 2004

Section 14.16.2205 establishes a duty on the part of abutting landowners for injuries to third persons on public sidewalks, while the Act establishes liability for public entities and their employees for dangerous conditions … Concurrent liability of San Jose and an abutting landowner is not tantamount to immunizing San *1139 Jose for dangerous conditions on public sidewalks. (See, e.g., Low v.

City of Houston v. Houston Metro Security and James Fowler

Texas Court of Appeals, 1st District (Houston) · Mar 23, 2023

The City further argued that the TTCA does not clearly or unequivocally waive the City’s immunity for claims of negligence per se or negligent training or supervision, and the Act expressly excepts intentional torts such … Appellees have not established a waiver of sovereign immunity for their tortious interference with contract and conspiracy claims. 3.

State v. Fidelity & Deposit Co. of Maryland

127 S.W.3d 339 · Texas Court of Appeals, 3rd District (Austin) · Jan 29, 2004

The term “sovereign immunity” includes two principles: immunity from suit and immunity from liability. Id. … It is well established that the State’s initiation of suit is an exception to sovereign immunity from suit clearly recognized by Texas courts. This exception has been recognized in a variety of procedural postures.

Keith Redburn v. Charmelle Garrett, Individually and as City Manager of the City of Victoria, Texas and Lynn Short, Individually and as Director of Public Works of the City of Victoria, Texas and City of Victoria, Texas

Texas Court of Appeals, 13th District · May 16, 2013

reasons: (1) sovereign immunity had not been clearly and unambiguously waived under Chapter 11 of the Texas Water Code and doing so would violate public policy; (2) a declaratory judgment action could not be used when … (“Appellee’s Second Amended Petition clearly asserts that appellant's dumping of hazardous materials on its property was intended[; thus, it] states a cause of action for intentional trespass[ for which immunity has not

Commonwealth v. Boyd

2013 Pa. Super. 234 · Superior Court of Pennsylvania · Aug 14, 2013

Therefore, Boyd’s argument continues, his claim is one that implicates the legality of the sentence and is therefore immune to waiver. … Specifically, Boyd argues that the weight of the evidence was insufficient to establish that he was the person who shot the victim. See Appellant’s Brief, at 10.

Georgia State Board of Pardons & Paroles v. Finch

269 Ga. App. 791 · Court of Appeals of Georgia · Sep 30, 2004

Consequently, even if a jury finds that Stephens’s actions did satisfy the elements of the torts alleged, recovery from the board is prohibited because the State clearly has not waived its immunity for these torts. … Moreover, both the statute and the case law establish that the State may be held liable in tort actions only within the Act’s limits. See, e.g., Dept. of Transp. v. Bishop, 216 Ga.

Waldrop v. Hennessey Utilities Authority

348 P.3d 213 · Court of Civil Appeals of Oklahoma · Oct 2, 2014

been abandoned in Oklahoma, and "governmental immunity must now be established statutorily." … establish abandonment of the street."

Clayton Watkins v. State

Court of Appeals of Georgia · Jun 29, 2026

The general demurrer must be granted if the indictment fails to either (1) recite the language of the statute that sets out all the elements of the offense charged or (2) allege the facts necessary to establish … government of the United States, any other state, or any foreign state which he or she is by the laws of the State of Georgia prohibited from holding; (5) Swear that he or she is otherwise qualified

Resource Management Co. v. Huggins

25 Mass. L. Rptr. 337 · Massachusetts Superior Court · Jul 16, 2008

If a clerk is not carrying out a judge’s directive, the clerk is entitled only to qualified immunity. … Qualified Immunity In the alternative, Huggins argues that RMC’s claims are barred by the Massachusetts Tort Claims Act, G.L.c. 258, §2.