Case law

Long Canyon Phase II & III Homeowners Ass'n v. Cashion

517 S.W.3d 212 · Court of Appeals of Texas · Mar 3, 2017

Because the December 18 letter qualifies as an “exercise of the right to petition,” we need not address the HOA’s additional argument that the letter qualifies as the HOA’s “exercise of the right of association.” 40 Prima … Cir. 1999)(treating "actual or threatened infringement suits” the same for purposes of Noerr-Pennington immunity); McGuire Oil Co. v.

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.

Rew v. County of Niagara

115 A.D.3d 1316 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 2014

With respect to the fourth cause of action, against the deputy sheriff, defendants contended that the deputy sheriffs actions were entitled to qualified immunity. … “To be entitled to qualified immunity, it must be established that it was objectively reasonable for the police officer involved to believe that his or her conduct was appropriate under the circumstances, or that officers

Miller v. City of Port Angeles

38 Wash. App. 904 · Court of Appeals of Washington · Nov 19, 1984

A need for the improvements was clearly demonstrated, directly related to the traffic which would be generated by the development. The City acted reasonably to meet that need. … We believe that is what the City intended, but condition l.b does not clearly say so. Paragraph 6 provided: *912 vi.

Krouse v. Krouse

11 Fla. L. Weekly 1121 · District Court of Appeal of Florida · May 13, 1986

This claim, in our view, is governed by the principles established in Ard v. Ard, 414 So.2d 1066 (Fla. 1982). … because it was there alleged that the separated husband had committed intentional torts upon the plaintiff wife, clearly evincing marital disharmony.

Mazurek v. Town of East Haven

99 Conn. App. 795 · Connecticut Appellate Court · Mar 6, 2007

The court stated that a proposed witness, a fellow engineer at the same office as the hospitalized engineer who made the report, was not qualified to testify as to the medical condition of the author of the report. … In this case, insufficient evidence was offered to establish the predicate for admission, namely, that the professional engineer was physically disabled “to such an extent that such person is no longer actively engaged in

Gerrity Co. v. Bonacquisti Construction Corp.

136 A.D.2d 59 · Appellate Division of the Supreme Court of the State of New York · Mar 10, 1988

As will be discussed more fully below, the immunity of a good-faith *62 purchaser under established common-law trust principles would be materially diminished if knowledge of a depositor’s business in the construction field … Under equally well-established principles of trust law, Nor-star was also not entitled to have its cross motion for summary judgment granted.

Central Advertising Co. v. City of Novi

91 Mich. App. 303 · Michigan Court of Appeals · Jul 10, 1979

The statute speaks of immunity for "governmental functions,” and this court is of the opinion that while it may be an appropriate goal or objective of government to establish a hospital authority, it does not follow that … However, since Monell expressly avoided the immunity question and we need not address it, we rest our decision on other grounds. 5 While the Supreme Court’s dismissals may or may not conclusively establish that an ordinance

Tomlinson v. Frazier

407 So. 2d 1385 · Louisiana Court of Appeal · Jan 8, 1982

"The evidence clearly establishes that defendant was actually domiciled within the 92nd Legislative District for the entire year preceding his qualifying as a candidate. … In light of Frazier's extensive contacts with New York, his intention clearly appears to have been to establish residency there.

Dubaskas v. Commonwealth

81 A.3d 167 · Commonwealth Court of Pennsylvania · Dec 9, 2013

The Supreme Court further explained that “the exception to sovereign immunity pertaining to Board-of-Claims jurisdiction defines the extent of the Commonwealth’s statutory exception from sovereign immunity for claims arising … [[Image here]] While more general clarification of the relationship between sovereign immunity and jurisdiction may be appropriate in the arena at large, for present purposes, we regard sovereign immunity as a jurisdictional

Doe v. Illinois Masonic Medical Center

297 Ill. App. 3d 240 · Appellate Court of Illinois · Jun 1, 1998

Furthermore, that federal law mandates the establishment of an IRB in this experimental type of medical study does not negate the IRB’s status as a hospital committee. … The IRB here qualifies as the type of committee covered by the Act.

ROBERT JAMES O'BRIEN v. KIRK RUSSELL & Others.

Massachusetts Appeals Court · Aug 14, 2024

In ruling on the motion, the judge concluded that Russell and Dwelly were entitled to qualified immunity. … O'Brien first claims that the judge erred by concluding that Russell and Dwelly were entitled to qualified immunity.

Slagle v. State

182 Ind. App. 5 · Indiana Court of Appeals · Aug 29, 1979

An expert can be “qualified” by evidence of formal training or practical experience. Culley v. State (1979), Ind.App., 385 N.E.2d 486 . … There, in a waiver hearing, the defendant clearly waived her right to object to the admission of the results of a polygraph test.

Matson v. State

Court of Appeals of Kansas · Sep 6, 2024

This qualified immunity protects government officials "'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … When a defendant raises qualified immunity in a motion to dismiss, the court must consider whether (1) the plaintiff alleged facts supporting a constitutional violation; and (2) that right was clearly established at the time

Harrison Ex Rel. Harrison v. Board of Regents

5 N.M. 111 · New Mexico Court of Appeals · Sep 5, 2013

Zumwalt further stated, “I am sure the Regents desire that this case be evaluated by competent, qualified, and unbiased experts. The Regents are fortunate that Dr. … New Mexico Health & Environment Department, 1992-NMSC-026 , 113 N.M. 593 , 830 P.2d 145 , and Baca, the Regents contend that New Mexico case law and public policy clearly establish that district courts are prohibited from

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.

American Federation of Labor v. Mann

188 S.W.2d 276 · Court of Appeals of Texas · Apr 4, 1945

They cannot claim special immunity from regulation," so long as such regulations do not "trespass upon the domains of free speech and free assembly." … Many of them could not qualify for union membership.

Board of Education of the City School District v. Mills

250 A.D.2d 122 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1998

Both the resolution which established the SCI and the Executive Order mandate full cooperation by all school district employees with the SCI during all investigations; they further provide that if an employee refuses to answer … In spite of having been granted use immunity, Cadet answered only pedigree and background questions, refusing to answer any questions regarding his relationship with the student.

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

Van De Bogart v. State

133 A.D.2d 974 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1987

Claimant sought to establish that the State was on notice of these hazards from the analysis of the relevant section of Route 357 done by the Department of Transportation prior to the resurfacing project, the happening of … While claimant’s expert disagreed with the conclusion of the State’s highway engineers, such judgmental decisions are precisely the kind which are clothed with qualified governmental immunity under Weiss v Fote (supra, at