Case law

Shaul v. Brenner

10 Neb. Ct. App. 732 · Nebraska Court of Appeals · Dec 18, 2001

Plaintiffs then argue that the diversion program was not established by Banner County with the concurrence of the county board as required by Neb. Rev. … The allegations in the petition clearly show an agent-principal relationship was disclosed to plaintiffs.

Anthonette Todaro, Individually and on Behalf of the Estate of Blake Edward Todaro v. the City of Houston

Texas Court of Appeals, 14th District (Houston) · Apr 20, 2004

When determining whether the Legislature has clearly and unambiguously waived immunity from suit, we generally resolve any ambiguity in favor of retaining immunity. Id. at 697 . … City of Houston , A Clearly [section] 101.061 intended to provide for abolishment of governmental immunity without causing havoc. @ 839 S.W.2d 95, 99 (Tex. App. C Houston [14th Dist.] 1992, writ denied).

Mary Lynn Collard v. Raymond D. Noah

Texas Court of Appeals, 13th District · Jun 19, 2014

immunity. … Thus, appellant clearly was aware that she had “suffered an injury” on that date. See Bell, 547 Fed. Appx. at 456.

Greenberg, M. v. McGraw, N.

2017 Pa. Super. 136 · Superior Court of Pennsylvania · May 5, 2017

An important element which must be established before this immunity can apply, however, is whether or not the actions (Footnote Continued Next Page) - 14 - J-A05022-17 was sued … Clearly such statements fit squarely within the absolute privilege….”).

Flomeh-Mawutor v. City of Winston-Salem

Court of Appeals of North Carolina · Aug 6, 2024

Stat. § 160A-456 is “clearly relevant” to our analysis of the instant case. … It is well established that “a city can waive its immunity by purchasing liability insurance.” Reid v. Town of Madison, 137 N.C. App. 168, 170, 527 S.E.2d 87, 89 (2000); see also N.C. Gen. Stat. § 160A-485(a).

City of Houston v. Kenneth S. Jones

Texas Court of Appeals, 1st District (Houston) · Jul 1, 2004

A plaintiff has the burden to establish a waiver of immunity from suit. Jones , 8 S.W.3d at 638. Immunity from suit can be waived only by legislative consent or constitutional amendment. Wichita Falls State Hosp. v. … To the contrary, the language of article II, section 1 of the City’s charter clearly and unambiguously waives the City’s immunity from suit for such claims.

Dawson v. City of Bogalusa

95 La.App. 1 Cir. 0824 · Louisiana Court of Appeal · Dec 15, 1995

However, the testimony of defendant's employees established defendant was somewhat lackadaisical in responding to citizen complaints. … Coe, plaintiff's treating psychiatrist, stated plaintiff is "most concerned" whether she will be able to qualify for her pension.

the University of Texas at El Paso v. Alfredo Herrera

Texas Court of Appeals, 8th District (El Paso) · Nov 25, 2008

Specifically, 1 In enacting the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq., Congress clearly satisfied the first prong of the Seminole test: “An action to recover . . . damages … Congress must establish a pattern of constitutional violations, as it relates to its remedial statute, when utilizing section 5 powers. Florida Prepaid Postsecondary Educ. Expense Bd. v. College Sav.

City of Houston v. Kenneth S. Jones

Texas Court of Appeals, 1st District (Houston) · Aug 19, 2004

A plaintiff has the burden to establish a waiver of immunity from suit. Jones , 8 S.W.3d at 638. Immunity from suit can be waived only by legislative consent or constitutional amendment. Wichita Falls State Hosp. v. … To the contrary, the language of article II, section 1 of the City’s charter clearly and unambiguously waives the City’s immunity from suit for such claims.

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.

Anna Maria Curcio v. State of Florida Department etc.

164 So. 3d 750 · District Court of Appeal of Florida · May 26, 2015

unequivocal waiver of sovereign immunity for the statutory claims alleged by Appellant. … Clearly, here, under the undisputed facts, the ticket was “produced or issued in error”, and it also was “lacking in captions that confirm and agree with the lottery play symbols as appropriate to the lottery

City of Frankfort v. Byrns

817 S.W.2d 462 · Court of Appeals of Kentucky · Oct 25, 1991

On appeal, the principal issues are whether the trial court clearly erred in (1) not directing a verdict for the appellant in that all its actions were discretionary and thus, clothed with immunity, KRS 65.2001(2); KRS 65.2003 … As a result of this flooding, the city established a moratorium on new home construction in the area, which included the Westgate Subdivision.

in Re: Craig Watkins

Texas Court of Appeals, 5th District (Dallas) · May 13, 2015

In so doing, it forced upon the states the burden to address the challenges posed by the inevitable onslaught of claimants seeking to establish their categorical immunity from capital punishment. … Clearly the Supreme Court was referring to the identical phenomenon in Hall as was referred to in Atkins.

Finot v. Pasadena City Board of Education

250 Cal. App. 2d 189 · California Court of Appeal · Apr 18, 1967

Venable is further qualified by experience and education to formulate the administrative policy that teachers at John Muir High School should not be permitted to wear beards. John A. … We do not find such a right, though, in the privileges and immunities provisions of the United States Constitution (art.

Figueroa v. New York City Transit Authority

213 A.D.2d 586 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 1995

Figueroa and Alex to leave the subway station without additional questioning clearly involved the exercise of his professional judgment and was in furtherance of the Transit Authority’s governmental activities (see, Kenavan … Accordingly, since the plaintiffs failed to establish the existence of a special relationship, the general rule of governmental immunity precludes the imposition of liability against the Transit Authority, and the trial court

In re Upset Sale of Properties

111 Pa. Commw. 33 · Commonwealth Court of Pennsylvania · Nov 9, 1987

As such, the Superior Court held that it is well established law that volunteers have no right to reimbursement. See also Lohrs Estate, 132 Pa. Superior Ct. 125, 129 , 200 A. 135, 136 (1938). … As governmental immunity is an affirmative defense that must be raised in a responsive pleading or it is considered waived, the TCU’s failure to assert the immunity defense before the common pleas court constituted a waiver

Cypress Forest Public Utility District v. Kleinwood Municipal Utility District

Texas Court of Appeals, 14th District (Houston) · Mar 16, 2010

not an exercise of eminent domain powers, its sovereign immunity has not been waived, and it is therefore immune from suit. … Accordingly, Kleinwood’s right to collect ad valorem taxes is not a vested right, but a “qualified” property right. See id. Likewise, Kleinwood’s right to annexation was “qualified.”

Asiala v. City of Fitchburg

24 Mass. App. Ct. 13 · Massachusetts Appeals Court · Apr 3, 1987

Decades before the enactment of the Act, it was well established that a municipality was not immune from liability if it created or maintained a private nuisance on its land which caused injury to the real property of another … Therefore, when the Legislature abolished the doctrine of governmental immunity by enacting the Act, it was not necessary to abolish immunity with respect to private nuisance claims.

County of Harris v. Tennessee Products Pipe Line Co.

332 S.W.2d 777 · Court of Appeals of Texas · Feb 18, 1960

That case held that counties have no powers or duties except those clearly set forth and defined in the Constitution and statutes of the State and that the Commissioners Court of a county had neither express nor implied power … parties agree that damages which would result to appellees in the event of interference by appellant with either the line constructed or the operation therof, even if recoverable (in view of appellant’s general governmental immunity

Hebert v. Broussard

4 La.App. 3 Cir. 485 · Louisiana Court of Appeal · Nov 10, 2004

R.S. 3:2773(D), which grants statutory immunity to officers for the killing of any dangerous or vicious dog. … Frivolous Appeal The appellees answered the appeal, asserting that it is frivolous because it does not present a substantial legal question, as the statutory immunity granted under La.R.S. 3:2773(D) clearly applies in this