Case law

Long v. Johnson & Johnson Services, Inc.

Superior Court of Delaware · Apr 24, 2020

so completely independent from and unrelated to its status as an employer that by established standards the law recognizes that persona as a separate legal person.”12 The pleadings contain almost no information … the Court with enough information to answer the questions posed by the Neal test, nor is it required to.18 Neither the parties nor the Court are able to determine which Defendant (or Defendants, as the case may be)19 qualifies

Breaker v. Bemidji State University

899 N.W.2d 515 · Court of Appeals of Minnesota · Jun 12, 2017

and Employment Act and concluding that statute’s plain language “clearly demonstrate^] Congress’ intent to subject the States to suit”). … The amendment's legislative history establishes that Congress was concerned that a sovereign immunity bar to USERRA claims would “threaten not only a .long-standing policy protecting individuals’ employment right[s], but

Lamarr v. Utah State Department of Transportation

183 Utah Adv. Rep. 53 · Court of Appeals of Utah · Mar 26, 1992

The Utah Supreme Court has clearly rejected Lamarr’s theory. 4 The specific question of the effect of waiver of immunity on the public duty doctrine was addressed in Ferree. … State, 784 P.2d 1255, 1256 (Utah App.1989) (to reach immunity issue, court must assume duty and negligence). Based on the preceding authority, La-marr must establish the City owed him a “special duty.”

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.

Covent Insurance v. Carroll County Commissioners

2 Ohio App. 3d 410 · Ohio Court of Appeals · Dec 29, 1981

The dicta, relied upon by the trial court in Ditmyer , quoted in the court’s opinion, stated: “The failure of the General Assembly to use the phrase ‘free from nuisance’' or other such terminology in R.C. 305.12 clearly indicates … what facts must be present to abrogate a county’s sovereign immunity under R.C. 305.12.

Tyler v. Tatoian

Connecticut Appellate Court · Mar 22, 2016

‘‘As the doctrine of absolute immunity concerns a court’s sub- ject matter jurisdiction . . . we are mindful of the well established notion that, in determining whether a court has subject matter jurisdiction, every presumption … However, the letter was published in the course of, and was clearly pertinent to, a judicial proceeding.

Pisack v. B & C Towing, Inc.

455 N.J. Super. 225 · New Jersey Superior Court Appellate Division · Jun 14, 2018

A plaintiff bringing a claim under the TCCWNA must establish that he or she is an "aggrieved consumer," and the defendant violated a "clearly established legal right" or "responsibility." … Charges not permitted by the Towing Act violate a "clearly established legal right" or "responsibility." Finally, if the vehicle owner paid for unauthorized services, the owner has suffered *1103 an ascertainable loss.

City of Lancaster v. White Rock Commercial, LLC

Texas Court of Appeals, 5th District (Dallas) · Dec 21, 2018

A movant bears the burden in its plea to establish that it is entitled to immunity, and if it meets this burden, the burden then shifts to the non-movant to establish, or at least raise a fact issue on, a waiver of immunity … Applicability of Immunity In its first issue, the City contends that it is immune from suit under the common law doctrine of sovereign immunity.

Fewell v. Besner

444 Pa. Super. 559 · Superior Court of Pennsylvania · Aug 24, 1995

Clearly, Dr. Besner’s interest was to carry out his *568 duties under the CPSL and prevent any further abuse. The express purpose of the CPSL would have been breached if Dr. Besner had not reported the incident. … The MHPA establishes procedures for involuntary treatment and hospitalization of mentally ill persons. 50 Pa.S.A. §§ 7103-7503. 5 .

Craig Harrison and Barbara Ruchie, on Behalf of Themselves and All Others Similarly Situated v. Massachusetts Bay Transportation Authority

Massachusetts Superior Court · Jul 22, 2020

Ct. 237 , 244 (2019) ("Whether a defendant has sovereign immunity raises questions of subject matter jurisdiction.").[2] It is now well established that the MBTA shares the Commonwealth's sovereign immunity. … Neither the independent contractor statute nor the MBTA's enabling act clearly and unequivocally waives the MBTA's sovereign immunity as to liability for allegedly misclassifying a worker as an independent contractor rather

Myers v. State

71 O.B.A.J. 3246 · Court of Criminal Appeals of Oklahoma · Dec 8, 2000

Obviously, this was the result, even though Sharp did not believe that Appellant committed the murder at the time of the promise of immunity. {57 Clearly, the confession would not have been admissible in a criminal trial … The evidence at trial clearly established that Byrd got out of the county jail after he agreed to testify, but only to be sent to California to face a probation violation allegation, which was why he was originally in jail

Davis v. State

209 Ga. App. 572 · Court of Appeals of Georgia · Jul 16, 1993

was qualified to testify as an expert on drug use. … This testimony clearly establishes that the officer’s training, such as it was, was fairly limited in scope and that it did not relate to “the ‘use[ ] ... of drugs on the street.’ ” Davis v. State, 200 Ga. App. at 45 .

City of Houston v. Southern Electrical Services, Inc., as Assignee of the Caddell Construction Company, Inc.

Texas Court of Appeals, 1st District (Houston) · Apr 26, 2007

Accordingly, we hold that SES's allegation of assignment was sufficient to establish standing and that the trial court did not err in granting SES's motion for leave to file an amended petition. … However, SES's claim for quantum meruit is clearly an alternative pleading.

People v. Miami Nation Enterprises

California Court of Appeal · Jan 21, 2014

We also held the trial court had erred in concluding tribal sovereign immunity had been waived based on a “sue or be sued” clause in the resolution establishing MNE as an economic subdivision of the Miami Tribe of Oklahoma … , and whether the entity serves tribal sovereign 7 The Court held only that the tribe did not qualify as a “person” who could sue under title 42 United States Code section 1983 “to vindicate the sovereign right it

Buono v. Scalia

358 N.J. Super. 210 · New Jersey Superior Court Appellate Division · Mar 11, 2003

In Small , the Court “clearly reaffirmed [its] general disapproval of the parental immunity doctrine” but allowed that parental immunity “might still remain operative in ‘special areas in the parent-child relationship, such … clearly in the best position to know the limitations and capabilities of his or her own children.”

People v. McIntosh

142 Mich. App. 314 · Michigan Court of Appeals · May 6, 1985

Prior to trial, the court held an evidentiary hearing to establish the basis of Faulkner’s testimony. … Kelly Faulkner was vigorously cross-examined about the effects of the hypnosis and the tentative nature of her identification of defendant at the lineup was clearly established.

DODGE, MARK v. COUNTY OF ERIE

Appellate Division of the Supreme Court of the State of New York · Jun 10, 2016

We further conclude that defendant failed to establish on its motion its entitlement as a matter of law to the qualified immunity set forth in Weiss v Fote (7 NY2d 579, 585, rearg denied 8 NY2d 934). … immunity (Brown v State of New York, 79 AD3d 1579, 1582, citing Cummins v County of Onondaga, 198 AD2d 875, 877, affd 84 NY2d 322).

Hays County v. Hays County Water Planning Partnership

106 S.W.3d 349 · Texas Court of Appeals, 3rd District (Austin) · May 8, 2003

The Texas Constitution establishes the commissioners court as the county’s principal governing body. Tex. Const. art. V, § 18. … and legislative immunity.

Cockrell Investment Partners, L.P. v. Middle Pecos Groundwater Conservation District, Ty Edwards, in His Capacity as General Manager of the Middle Pecos Groundwater Conservation District, Fort Stockton Holdings, L.P.

Texas Court of Appeals, 8th District (El Paso) · Mar 8, 2023

Governmental immunity and judicial review It is well established that sovereign immunity protects the State from lawsuits for money damages. Reata Construction Corp. v. … Absent that status, Cockrell cannot establish a waiver of immunity.

Thomas v. Petrulis

125 Ill. App. 3d 415 · Appellate Court of Illinois · Jun 29, 1984

Defendant responds that absolute immunity does attach to the statements in the charge because the EEOC is a quasi-judicial body. We affirm. … A conditional privilege, plaintiff contends, would provide the employer with some redress for clearly malicious defamations.