Case law

State Farm Florida Insurance Co. v. Marascuillo

161 So. 3d 493 · District Court of Appeal of Florida · Jul 3, 2014

Bolen, 997 So.2d 1194, 1196 (Fla. 5th DCA 2008) (cer- *497 tiorari proceeding noting the “well-established” rule in Florida “that an insurer’s claims file constitutes work-product”); cf. Allstate Indemnity Co. v. … retains its qualified immunity after the original litigation terminates, regardless of whether or not the subsequent litigation is related”).

Rosin v. Lidgerwood Manufacturing Co.

89 A.D. 245 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1903

This was clearly the view which was taken by the learned court in Veginan v. Morse ( 160 Mass. 143 ), cited in Johnson v. Roach ( 83 App. … rule often laid down by the courts that “ wheré a statute gives a right unknown to the common law, and limits the time within which an action shall be brought to assert it, the statutory limitation measures the extent and qualifies

Public Utility District No. 1 Of Snohomish Co., Apps V. State Of Wa, Resps

Court of Appeals of Washington · Sep 5, 2023

The Timber Sale Map reveals sale boundary tags along the RMZ near Sultan Basin Road and establishes that the RMZ is not part of the sale area. … The State established through Moon’s uncontroverted expert testimony that the RMZ was the width required by the HCP.

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

State of Texas v. Barbara Oakley, as Guardian of the Estate and Person of Richard Danziger, a Disabled Adult

Texas Court of Appeals, 3rd District (Austin) · Dec 16, 2005

This clearly demonstrates that the legislature intended claims made under this chapter to be personal in nature and limited to the wrongfully imprisoned person. … To widen the legislature's waiver of immunity and graft more liberal common-law principles onto these statutes flies in the face of established sovereign immunity law.

Molina v. City of New Orleans

830 So. 2d 994 · Louisiana Court of Appeal · Oct 2, 2002

THE CITY'S IMMUNITY DEFENSE The City contends that it was error for the trial court to refuse to consider its defense that it is immune from liability under La. … It is well settled that a plaintiff's uncorroborated testimony is sufficient to prove lost wages as long as the testimony is uncontradicted and reasonably establishes the claim. Richard v.

Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings

2014 IL App (1st) 123654 · Appellate Court of Illinois · Aug 7, 2014

provided by the Tort Immunity Act. … The City moved to dismiss both because it was time-barred and because section 2-107 of the Local Governmental and Governmental Employees Tort Immunity Act immunizes it from liability for libel and slander.

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.

Anselmo v. Target Corp.

340 Or. App. 21 · Court of Appeals of Oregon · Apr 23, 2025

of the party’s attorney stating that an unnamed qualified expert has been retained who is available and willing to testify to admissible facts or opinions creating a question of fact will be deemed sufficient … Miller, 196 Or App 354, 358, 103 P3d 112 (2004), rev den, 338 Or 488 (2005) (“The inference need not inevitably follow from the established facts; rather, if the established facts support multiple reasonable infer- ences,

Jenkins v. Jordan Valley Water Conservancy District

713 Utah Adv. Rep. 37 · Court of Appeals of Utah · Jul 19, 2012

Although “the term ‘governmental function’ was the operative phrase establishing the scope of governmental immunity,” the 1965 version of the UGIA did not define that term. See id. … In doing so, the legislature made it “crystal clear[] that all functions are covered under this governmental immunity” and that the new definition “establishes the legislature’s intent to apply governmental immunity broadly

State v. Jimmy Glen Riemer, Individually and as Independent of the Estate of Hugo A. Riemer, Jr.

Texas Court of Appeals, 7th District (Amarillo) · Oct 11, 2002

establishes the boundary of the disputed properties? … •A party suing the State must establish the State's consent to suit, otherwise sovereign immunity from suit defeats a trial court's subject-matter jurisdiction.

Tansavatdi v. City of Rancho Palos Verdes

California Court of Appeal · Jan 29, 2021

Challenging the court’s ruling, appellant contends the city failed to establish any of the elements of design immunity. … cannot shield a failure to warn that is itself caused by a qualifying design under section 830.6.

Holt v. Northwest Pennsylvania Training Partnership Consortium, Inc.

694 A.2d 1134 · Commonwealth Court of Pennsylvania · May 13, 1997

Because the record clearly supports that the Commonwealth defendants were acting within the scope of their employment when the acts alleged by Holt were allegedly committed, they are immune from liability and the counts against … Moreover, once it is established that the official is entitled to immunity, the governmental agency cannot be held liable under the theory of respondeat superior, even if the conduct falls within one of the exceptions.

the City of Celina, Texas v. Shea Scott

Texas Court of Appeals, 5th District (Dallas) · Apr 13, 2022

Generally, governmental entities are immune from suit and liability under the doctrine of sovereign immunity. State v. Lueck, 290 S.W.3d 876, 880 (Tex. 2009). … Further, oral statements qualify as reports under the Act.

Payne v. City of Chicago

2014 IL App (1st) 123010 · Appellate Court of Illinois · Sep 25, 2014

Section 4-102 of the Act immunizes local public entities and public employees for failure to: (1) establish a police department; (2) otherwise provide police protection; or, if police protection is provided, … This means there is no separate claim stated in count II and that it only added the allegations of willful and wanton conduct to establish the exception from the City’s immunity.

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

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.”

Howard v. County of Durham

227 N.C. App. 46 · Court of Appeals of North Carolina · May 7, 2013

Standard of Review With respect to a motion to dismiss based on sovereign immunity, the question is whether the complaint specifically alleges a waiver of governmental immunity. … Had the mediated settlement conference taken place in our state’s superior court, there would clearly be no enforceable agreement because mediated settlement agreements must be in writing under N.C. Gen.

Pagan v. Sarasota County Public Hospital Board

884 So. 2d 257 · District Court of Appeal of Florida · Aug 13, 2004

Paulus has any legal need to resolve the question of immunity in this action. … However, the trial court clearly did not intend this, and section 86.091 does not permit it. See also Fasig v. Fla. Soc’y of Pathologists, 769 So.2d 1151, 1154 (Fla. 5th DCA 2000). Dr.

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.