Case law

Christiansen v. Masse

279 Ill. App. 3d 162 · Appellate Court of Illinois · Apr 8, 1996

The Court of Claims Act establishes a Court of Claims, which has exclusive jurisdiction to hear and determine, inter alia, "[a]ll claims against the State for damages in cases sounding in tort, if a like cause of action would … Finally, plaintiff’s statement that "it has been repeatedly held in Illinois that a police officer who is transporting a prisoner is not enforcing or executing any law, so as to qualify for immunity” is misleading.

Kulich-Grier v. OhioHealth Corp.

2014 Ohio 3931 · Ohio Court of Appeals · Sep 11, 2014

To establish a claim for false imprisonment, the plaintiff must first demonstrate that he or she was confined. Ripley v. Montgomery, 10th Dist. No. 07AP-6, 2007-Ohio-7151, ¶ 39. … Therefore, even if OHP was not immune from liability, OHP is still entitled to summary judgment on Kulich-Grier's false imprisonment claim.

the Montrose Management District and the Public Officials Claude Wynn, Randy Michmore, Cassie Stinson, Kathy Hubbard, Brad Nagar, Robert Jara, Bobby Huegel, Dana Thorpe, Lane Llewellyn, David Robinson, Michael Grover, Randy Ellis and Bill Calderon v. 1620 Hawthorne, LTD

Texas Court of Appeals, 14th District (Houston) · Jun 10, 2014

In its first sub-issue, the District contends that 1620 Hawthorne, Ltd. failed to establish that the District waived its immunity from suit because no waiver of immunity exists for complaints about the District’s application … Accordingly, Hawthorne has not established any waiver of the Appellants’ immunity for this requested declaration.

Wsk v. Mhsb

922 N.E.2d 671 · Indiana Court of Appeals · Mar 10, 2010

W.S.K. clearly established the first element—he is African-American. The second element—W.S.K.'s qualifications—was the subject of discussion at oral argument. … Therefore, W.S.K. *689 did not establish that he was qualified for privileges at M.H.S.B.

Gold v. Exxon Corp.

960 S.W.2d 378 · Texas Court of Appeals, 14th District (Houston) · Feb 26, 1998

Gold thus established a prima facie case of age discrimination. … In adopting the elevated standard, the Supreme Court responded to a movant’s claim that the test for official immunity was too easily controverted by a non-movant. See id.

State v. Maiorana

240 N.J. Super. 352 · New Jersey Superior Court Appellate Division · Apr 24, 1990

The burden of proof is upon the State to establish clearly and convincingly that the evidence it proposed to present at trial was developed or obtained from sources or by a means entirely independent of and unrelated to the … Accordingly, the matter is remanded to the trial judge for a Kastigar hearing, at which the burden of proof will be upon the State to establish clearly and convincingly that the evidence adduced at trial against this defendant

Likes v. City of Tyler

910 S.W.2d 525 · Texas Court of Appeals, 12th District (Tyler) · Aug 25, 1995

Clearly, this contradictory evidence demonstrates that a disputed material fact issue exists regarding the negligence of the City. … Therefore, it appears that the summary judgment proof failed to establish as a matter of law that Likes did not suffer a compensable injury, and further fails to establish the absence of negligence by the City.

O'HARE v. State Farm Mut. Auto. Ins. Co.

432 So. 2d 1294 · Court of Civil Appeals of Alabama · Jun 3, 1983

do violence to such well established principles. … for the immunity.

State v. Dickerson

142 Idaho 514 · Idaho Court of Appeals · Feb 3, 2006

by the Privileges and Immunities Clause of the Fourteenth Amendment. … Similarly in Saenz , the Court said: [ 0 ]ur cases have not identified any acceptable reason for qualifying the protection ... for “the ‘citizen of State A who ventures into State B’ to settle there and establish a home.”

Mayhew v. Town of Sunnyvale

774 S.W.2d 284 · Texas Court of Appeals, 5th District (Dallas) · Jun 9, 1989

they were therefore entitled to absolute immunity. … In the alternative, the defendants urged that they were entitled to qualified immunity because they acted in the scope of their immunity with the good faith belief that their actions were lawful.

Mike Morath, in His Official Capacity as Texas Commissioner of Education and La Villa Independent School District v. Dr. Paz Elizondo

Texas Court of Appeals, 15th District · Apr 14, 2025

The District’s own policy requires it to provide individuals who have the qualifying years of experience with a term contract. … Clearly Districts have the upper hand and should not be allowed to subvert Texas law on a technicality either intentionally or by mistake.

Allen v. Rankin

2013 Ohio 456 · Ohio Court of Appeals · Jan 29, 2013

Chapter 2744 establishes a three-step analysis for determining whether a political subdivision is immune from liability. Martin v. Ironton, 4th Dist. No.07CA37, 2008-Ohio-2842, 2008 WL 2381737, ¶9. See Cramer v. … The trial court found that the facts of this case do not qualify so as to invoke any of the exceptions to immunity as defined in R.C. 2744.02(B). We agree.

Peyton v. JOHNSON CITY MEDICAL CENTER

101 S.W.3d 76 · Court of Appeals of Tennessee · Oct 29, 2002

Peyton to be a part of this process and join a joint venture establishing these cancer treatment centers. Dr. … Meyers contends that the laymen comprising the Fair Hearing Committee do not qualify for immunity because the purpose of the HCQIA “is to encourage physicians to participate in peer review by granting them conditional immunity

Zdeb v. Baxter International, Inc.

297 Ill. App. 3d 622 · Appellate Court of Illinois · Jun 26, 1998

The marketplace for disposable infusers is well established and profitable. … If Baxter concludes that the complaint establishes a qualified privilege, a denial of the allegation negating justification is all that is required of it.

Chad Riemenschneider Et Ux Rebekah Riemenschneider v. East Texas Medical Center-Crockett, Inc. and Tim Meyer

Texas Court of Appeals, 12th District (Tyler) · Dec 30, 2015

In two issues, the Riemenschneiders argue that ETMCC failed to establish that it was a governmental unit entitled to immunity from suit, and that Meyer did not establish that he is immune from liability as an employee of … An affiant’s position or job responsibilities can qualify him to have personal knowledge of facts and establish how he learned of the facts. See, e.g., 1001 McKinney Ltd. v. Credit Suisse First Boston Mortg.

Arlo L. Schriver as Trustee of the Schriver Family Trust v. the Texas Department of Transportation

Texas Court of Appeals, 2nd District (Fort Worth) · Jul 30, 2009

under article I, section 17. [19] Accordingly, to establish a waiver of immunity for a breach of contract claim predicated on an underlying eminent domain action, a party must establish the existence of an agreement by which … Code Ann. ' 21.012(a), (b)(4) (Vernon Supp. 2008). [20] The dissent in Singer concluded that because the contract at issue was not a settlement agreement, A Lawson clearly has no application to the facts of [the] case. @

Nizzo v. Amoco Oil Company

333 So. 2d 491 · District Court of Appeal of Florida · Aug 3, 1976

We hasten to point out that we are dealing in the instant case with a pleading and not with established facts. … . *494 The right of a lessor to disapprove of prospective assignees of a lease does not render the lessor immune from an action for tortious interference with the business of the lessee where it can be shown that the actions

Lanphier v. Gilster-Mary Lee Corp.

327 Ill. App. 3d 801 · Appellate Court of Illinois · Feb 21, 2002

Once a borrowed employment relationship exists, both employers share immunity for tort damages for an employee’s work-related injuries and the employee’s exclusive remedy is under the Act. … The court determined that the purpose of defining “loaning employer” in the Workers’ Compensation Act was to establish the secondary liability of the loaning employer and to reheve the employee from having to establish the

Brown v. Cook County Forest Preserve

284 Ill. App. 3d 1098 · Appellate Court of Illinois · Nov 8, 1996

The trial court entered summary judgment in favor of the Forest Preserve, noting the absolute immunity provided by section 3 — 107(a) and section 3 — 107(b) of the Local Governmental and Governmental Employees Tort Immunity … To the contrary, the record establishes clearly that the area where Brown fell was not the type of developed property that was at issue in Goodwin.

Hancock v. Ashenhurst, Unpublished Decision (6-24-2004)

2004 Ohio 3319 · Ohio Court of Appeals · Jun 24, 2004

No. 00AP-689. {¶ 26} The standard for qualified immunity is one of objective reasonableness. Id. … of clearly established law and the information that he possessed.