Case law

Snyder v. American Ass'n of Blood Banks

282 N.J. Super. 23 · New Jersey Superior Court Appellate Division · Jun 5, 1995

Clearly, then, the Legislature was aware of the non-immunity holding of Jacobs . It had the option of overruling it entirely. It did not. … She clearly had the discretion to rule differently.

Epstein v. State

124 A.D.2d 544 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1986

The court did not address the issue of whether the State could rely on the doctrine of qualified governmental immunity (Weiss v Fote, 7 NY2d 579 ), even though the State was unable to produce any plans for the initial installation … Having found no basis to hold the State liable for the design, construction or maintenance of the guide rail, we additionally agree with the Court of Claims that the issue of qualified governmental immunity need not be addressed

Rosaena Resendez v. Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2012

Without such a waiver, sovereign immunity deprives a court of subject-matter jurisdiction. Miranda, 133 S.W.3d at 224. … Thus, in order to qualify for section 554.0035’s limited waiver of immunity, Resendez must plead facts which, if true, establish a violation of section 554.002 of the whistleblower act. See id.

Alden Nursing Center-Lakeland, Inc. v. Patla

250 Ill. Dec. 907 · Appellate Court of Illinois · Oct 23, 2000

The controller testified that each listed patient qualified for public aid from the Department. He knew this by the coding used on the accounts. … The doctrine of sovereign immunity, however, is not about fairness.

Morrison v. JA Jones Const. Co., Inc.

537 So. 2d 360 · Louisiana Court of Appeal · Dec 29, 1988

The record establishes that appellant was not reasonably diligent in searching out the source of the water and in fashioning a remedy. … That finding is not clearly wrong, and we will not disturb it.

Relyea v. State

385 So. 2d 1378 · District Court of Appeal of Florida · Jul 23, 1980

They also contend that the directed verdicts were erroneous because their proof established issues of fact for the jury. … immunity.

Stewart v. Gentile

2025 Ohio 5012 · Ohio Court of Appeals · Nov 3, 2025

The court held that this immunity covered pre-indictment, statements, and affidavits. … ASSIGNMENT OF ERROR NO. 3 THE TRIAL COURT’S INSUFFICIENCY FINDINGS ON THE PLAINTIFF- APPELLANT’S ABUSE OF PROCESS CLAIM WERE CLEARLY AND MANIFESTLY AGAINST THE WEIGHT OF THE EVIDENCE.

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.

Sherry Harper v. Bradley County, Tennessee

464 S.W.3d 615 · Court of Appeals of Tennessee · Oct 30, 2014

We therefore quote Cunningham extensively in order to establish the pertinent legal and analytical framework for this case: The GTLA provides general immunity to governmental entities causing … This construction comports with notions of fundamental fairness and justice, and also with the Supreme Court’s often- repeated “established view that disfavors the doctrine of sovereign immunity as applied to local governments

Texas General Land Office and Texas Commission on Environmental Quality // Crystal Clear Water Supply Corporation v. Crystal Clear Water Supply Corporation // Texas General Land Office and Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Aug 22, 2014

Crystal Clear asserts that the tracts comprising the 151 acres are clearly receiving water service and that if that acreage and the Decertified Property were treated as a single tract, none of the GLO’s property would qualify … If it was not, then the property qualified for expedited decertification under section 13.254(a-5).

Palandro v. Board of Supervisors

2009 La.App. 1 Cir. 1203 · Louisiana Court of Appeal · Apr 28, 2010

YoA-Alden, the Board asserts that Louisiana Constitution, Article XII, Section 10(A)’s waiver of | immunity in contract suits is not sufficient to establish Louisiana’s explicit consent to a suit seeking to enforce FLSA provisions … In deciding Alden , the Supreme Court noted that the Alden plaintiffs did not attempt to establish waiver of immunity under Maine’s legislative standard. Alden, 527 U.S. at 758 , 119 S.Ct. 2240 .

LaCroix v. State ex rel. Department of Transportation

477 So. 2d 1246 · Louisiana Court of Appeal · Oct 10, 1985

However, the extent of its right of way in this area is not established in the record. … Clearly, this accident took place in a rural setting. Because of this site’s popularity, we believe it warrants being termed a recreational area. Members of the general public swam in this creek without charge.

Johnson v. City of New York

65 A.D.3d 476 · Appellate Division of the Supreme Court of the State of New York · Aug 18, 2009

However, the judgment error rule does not immunize municipal defendants when an innocent bystander is injured by the action of a police officer “in an altercation involving a violation of established police guidelines governing … The police took appropriate measures to protect themselves, as well as the public, which was clearly endangered by the actions of this fleeing felon.

Madison Granite Co. v. INDUS. COM'N OF ARIZ.

138 Ariz. 573 · Court of Appeals of Arizona · Dec 20, 1983

Because Cason was treated with steroids for his back injury, Kozub stated that to a reasonable degree of medical probability, the use of the steroids sufficiently depressed Cason’s immunity so as to cause the migration of … The carrier argues that only expert medical testimony can be used to establish the causal link between Cason’s injury and the resulting tuberculosis in his spine.

Caleb Moore and the Law Firm of Caleb Moore, PLLC v. Anson Financial, Inc.

Texas Court of Appeals, 2nd District (Fort Worth) · Mar 19, 2020

Moore asserts that he established all things necessary to prevail on the motion, including the applicability of the TCPA and a defense—attorney immunity—to Anson’s action. … Even operating under this assumption, we nevertheless hold that Moore is entitled to dismissal because he established the defense of attorney immunity. See id.

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.

Rudd v. Ohio State Hwy. Patrol

2016 Ohio 8263 · Ohio Court of Appeals · Dec 20, 2016

The Court of Claims found that Prachar and Sergeant Shane, the alleged negligent state employees, were clearly engaged in the performance of a public duty for which the state was immune from liability. … relationship can be established between the state and an injured party.

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.

Jennifer Kishman, Individually and as Next of Friend and Guardian of N.K., a Minor v. Oldham County School District Finance Corporation

Court of Appeals of Kentucky · Jul 3, 2025

, and that the individual capacity claims failed under the doctrine of qualified official immunity. … This Court rejected those claims, holding that the defendants were entitled to qualified official immunity.

Kraus v. Laclede Gas Co.

354 S.W.2d 327 · Missouri Court of Appeals · Feb 20, 1962

only restriction being that one qualified newspaper be in the City of St. … The point, in our judgment, is clearly without merit.