Case law

Capitol House Preservation Co. v. Perryman Consultants, Inc.

2008 La.App. 1 Cir. 0367 · Louisiana Court of Appeal · Aug 28, 2009

Argosy is clearly afforded no protection under the Parker doctrine, insofar as it protects state action in promulgating and enforcing anti-competitive legislation or rules. … Under the “sham” exception, activity “ostensibly directed toward influencing governmental action” does not qualify for Noerr immunity if it “is a mere sham to cover what is actually nothing more than an attempt to interfere

Senior Care Resources, Inc. v. OAC Senior Living, LLC Andrew Berry & Orson Berry

442 S.W.3d 504 · Texas Court of Appeals, 5th District (Dallas) · Mar 5, 2014

A matter is conclusively established if ordinary minds cannot differ as to the conclusion to be drawn from the evidence. Beesley, 358 S.W.3d at 418. … Black, 392 S.W.3d 88, 95 (Tex. 2012) (noting appellate court not precluded from considering immunity for first time on interlocutory appeal because immunity deprives court of subject matter jurisdiction); Alfonso v.

FIRST UNION NAT. BANK OF FLA. v. Ford

636 So. 2d 523 · District Court of Appeal of Florida · Sep 10, 1993

As such, it has long been established by case law that they are immune from state, municipal, or other special districts' attempts to tax them. See Dickinson v. … Absent a waiver in the state constitution itself, which does not exist, counties do not need to qualify for statutory tax exemptions pursuant to Chapter 196, because the legislature lacks the power to tax them by passing

Long v. Hanging Rock

2011 Ohio 5137 · Ohio Court of Appeals · Sep 28, 2011

Appellants posit that whether Steed is entitled to immunity turns upon whether appellee has established a valid invasion of privacy claim. … As the Gessner at ¶31, court explained: “Discharge is clearly a matter that stems from an employment relationship.

Midtown Edge, L.P. and Midtown Condominiums, L.L.C. v. the City of Houston

Texas Court of Appeals, 1st District (Houston) · Feb 13, 2014

Having held that Edge did not establish a waiver of immunity on its breach-of-contract claim, its request for declaratory relief cannot be maintained. See id. … The exception is available “only in exceptional cases where the circumstances clearly demand its application to prevent manifest injustice.” City of White Settlement v.

Education Service Center, Region Ii v. Rose Marikudi and Jessy Peechatukudiyil

Texas Court of Appeals, 13th District · Apr 1, 2010

Governmental immunity operates in a similar way by offering governmental subdivisions, such as counties, cities, and school districts, immunity from suit unless that immunity is clearly waived. Davis v. Educ. Serv. … While Matthews may have had a duty to report the incident, the record does not establish that she had a duty to investigate or "gather facts" about it.

J.A.W. v. State

650 N.E.2d 1142 · Indiana Court of Appeals · May 15, 1995

In addition, Toepp's motion alleged that he was entitled to absolute judicial immunity from suit or in the alternative that he was entitled to qualified immunity and immunity under the provisions of the Indiana Tort Claims … After considering Defendants' motions for more definite statement, Ind.Trial Rule 12(E), the trial court ordered JAW. to amend his complaint in order to more clearly identify the nature of his § 1983 claims.

Smith v. Cortes

879 A.2d 382 · Commonwealth Court of Pennsylvania · Jul 19, 2005

Sovereign immunity arises under 1 Pa. … and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity.

Mahoney v. Staffa

178 A.D.2d 875 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1991

By so asserting, Mahoney has established a rebuttable presumption of qualified privilege and defendant has not offered any evidence of undue hardship in procuring the information he seeks by conducting interviews of his own … defendant’s motion to dismiss plaintiffs’ cause of action in the Court of Claims (Mahoney v Temporary Commn. of Investigation, 165 AD2d 233 ) and then concerning defendant’s request that certain documents be considered immune

The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, and Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11

Texas Court of Appeals, 15th District · May 16, 2025

Furthermore, there is no established history of litigating these kinds of cases in Texas because so far as both parties can tell, this case is the first of its kind in Texas state court. … With regard to the first argument, Nonparty Patients’ second amended petition (the operative petition in this case) clearly does seek relief for the ten unrepresented patients.

Comuntzis v. Pinellas County School Bd.

508 So. 2d 750 · District Court of Appeal of Florida · Jun 5, 1987

See *752 also Restatement of Torts (Second) § 320 and comments following. [1] The action or inaction complained of here clearly falls under category IV: providing professional, educational and general services. … However, the analogy is useful and can be stated as thus: a school board has the discretionary authority to establish or not establish a particular school and is immune from suit on that discretionary question.

Walter Zawislak, MD v. Texas Medical Board

Texas Court of Appeals, 3rd District (Austin) · Jan 25, 2019

Zawislak moved to strike Moskow’s testimony and written report, alleging that Moskow was not qualified as an expert. The administrative law judge overruled Zawislak’s motion. … ; (2) in granting an untimely Rule 91a motion; (3) in not allowing him to replead to establish a waiver of immunity; (4) in sustaining the plea to the jurisdiction because the expert report and deposition testimony constitute

City of Deer Park v. Jose Ibarra, Emilio Vargas Mario Torres Jose Lemus Roberto Delgado Santiago Bravo Carlos Vasquez Hugo Martinez Saul Balseca Vicente Martinez And Luis Ibarra

Texas Court of Appeals, 1st District (Houston) · Aug 25, 2011

Thus, even if the City were not immune from suit for breach of a contract whose subject lies within its proprietary functions, the [plaintiffs’] contract does not qualify” because the legislature had already determined that … However, nothing in Chapter 2258 indicates the legislature’s intent to clearly and unambiguously waive the City’s immunity from such a suit.

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.

Fulford v. Jenkins

195 N.C. App. 402 · Court of Appeals of North Carolina · Feb 17, 2009

It is well established that contracts for insurance are to be interpreted under the same rules of law as are applicable to other written contracts. … immunity.

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

FONTANA REDEVELOPMENT AGENCY v. Torres

62 Cal. Rptr. 3d 875 · California Court of Appeal · Jul 26, 2007

Quite clearly, both kinds of debts are repayable from tax increment and will finally be paid, if at all, with tax allocation bonds. Both kinds of debt qualify as secured indebtedness subject to limitation. (Marek v. … Furthermore, even when an illegal act may be immune from facial attack, it can be challenged under new factual circumstances. (Travis v.

Hirsch v. Department of Motor Vehicles

42 Cal. App. 3d 252 · California Court of Appeal · Oct 1, 1974

About one month later the auto was seized by Highway Patrol officers who established that it had been stolen by Sorenz. … Further, quite aside from sections 818.4 and 821.2, the certificate of ownership here issued can clearly be construed as a “misrepresentation” by the Department of Motor Vehicles of the true ownership of the vehicle, falling

Borjas v. State Farm Mutual Automobile Insurance Co.

2001 Colo. J. C.A.R. 4615 · Colorado Court of Appeals · Sep 13, 2001

Clearly, the innocent driver was not "legally entitled to recover damages" when he or she could not serve process on the unidentified tortfeasor. … Accordingly, we conclude that the phrase "legally entitled to recover damages," ~ as used in § 10-4-609, means that the insured must be able to establish that the fault of the uninsured motorist gave rise to damages and the

Brooks v. Pennington

995 So. 2d 733 · Court of Appeals of Mississippi · Dec 4, 2008

There is no precedent explicitly establishing the duties of a sheriff upon surrender of a bondman's principal. However, we now hold in cases such as this the following duties must be satisfied. … The challenger has to overcome the presumption "that a judge, sworn to administer impartial justice, is qualified and unbiased." Id.