Case law

Freeny v. City of San Buenaventura

California Court of Appeal · Jun 4, 2013

On appeal, plaintiffs bear the burden of establishing error. (San Mateo, supra, at p. 426.) I. … By contrast, reading section 822.2's exception for misrepresentations motivated by actual fraud, corruption or actual malice as not qualifying the tort immunity that otherwise attaches to legislators' policy making decisions

STATE EX REL. PUBLIC HOUSING v. Krohn

98 S.W.3d 911 · Missouri Court of Appeals · Mar 11, 2003

A defending party may establish a right to judgment as a matter of law by showing: (1) facts that negate any one of the claimant's elements facts, (2) that the non-movant, after an adequate period of discovery, has not been … and clearly mandated public policy, the employee has a cause of action in tort for damages for wrongful discharge.'"

Konitch v. Hartung

81 N.J. Super. 376 · New Jersey Superior Court Appellate Division · Dec 3, 1963

The trial court established a three-pronged test for the application of N.J.S.A. 34:15-8: it must appear that (1) plaintiff suffered a compensable injury; (2) plaintiff and *379 defendant were co-employees; and (3) defendant … The implied element in the statute under consideration is the one stated by the trial judge, and clearly set out in 2 Larson, Workmen's Compensation Law, § 72.20, p. 174 (1961) — that "the immunity attaches to the co-employee

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.

Anderson v. St. Bernard Parish

543 So. 2d 537 · Louisiana Court of Appeal · Apr 27, 1989

The appellant was clearly in the course and scope of his employment when injured, as were the members of the Police Jury. … The defendants are immune from suit in tort in this instance as proscribed by statute. AFFIRMED. .

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

Texas Court of Appeals, 15th District · Jul 10, 2025

ARGUMENT Appellee bears the burden of establishing a valid waiver of sovereign immunity. See Town of Shady Shores v. Swanson, 590 S.W.3d 544, 550 (Tex. 2019). … Since there is no waiver of sovereign immunity for Appellee’s breach of contract claim, the UDJA cannot be used to establish a waiver of sovereign immunity as to Appellee’s claims. 3 Appellants acknowledge that the

Clear Lake City Water Authority v. Friendswood Development Company, Ltd.

Texas Court of Appeals, 14th District (Houston) · May 22, 2008

The Legislature does not state when the Authority = s agents may be served with any process, notice, or demand, and it does not clearly and unambiguously waive immunity from suit. … In section 49.066(f), the Legislature does not state when the Authority may properly be made a party to a suit, and it does not clearly and unambiguously waive immunity from suit.

Jumar K. Jones v. James Schwochert

Court of Appeals of Wisconsin · Aug 20, 2020

As to those claims, we agree with Schwochert and Eckstein that the claims are barred by the doctrine of qualified immunity.4 ¶14 “[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated … We affirm the circuit court on the alternative ground of qualified immunity. See State v.

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

In Re the Appeal of Chapel Hill Day Care Center, Inc.

144 N.C. App. 649 · Court of Appeals of North Carolina · Jul 17, 2001

Stat. § 105-278.4 sets out the requirements an establishment must meet to qualify for educational tax exempt status. … Moreover, the relevant statutory provisions are clearly distinguishable.

Boeken v. Philip Morris USA Inc.

217 Cal. App. 4th 992 · California Court of Appeal · Jul 9, 2013

The Immunity Statute Philip Morris argues that liability and causation could not be established through collateral estoppel in Dylan‟s action because, as a result of cases decided after Richard‟s trial, there was a … Fairness Application of collateral estoppel to establish liability and causation was unfair, Philip Morris contends, because there was a material change in the law on the Immunity Statute after the trial in Richard

Espadron v. Baker-Hughes, Inc.

97 La.App. 4 Cir. 1951 · Louisiana Court of Appeal · Apr 22, 1998

The most important factor, control, clearly weighs in favor of Mr. Espadron being a borrowed servant of Baker-Hughes. … In any case, we are satisfied that the facts of this case are clear and were clearly established by the affidavits and Mr. Espadron's deposition, so there was no possible prejudice to Mr.

Lussier v. San Lorenzo Valley Water District

206 Cal. App. 3d 92 · California Court of Appeal · Nov 23, 1988

Clearly, if nonsuit was based on the common law rule of immunity, then the court erred in granting it, and the issue of trespass should have been submitted to the jury. … Clearly, evidence that Ed Hayes’s father was cited for diverting the creek with a shovel does not contradict Ed Hayes’s testimony.

Thornton v. WE Blain & Sons, Inc.

878 So. 2d 1082 · Court of Appeals of Mississippi · Jul 27, 2004

Construing these statutes together, the Mississippi Supreme Court reiterated in Salyer the well-established principle that "where the subcontractor provided compensation coverage to its employees pursuant to its contract … with the prime contractor, the prime contractor qualified as a statutory employer and was immune from a common law tort suit by the injured employee."

Lueck v. State

325 S.W.3d 752 · Texas Court of Appeals, 3rd District (Austin) · Nov 8, 2010

Second, he argues that the Com *761 mission, in order to qualify as a deferral agency, 7 must meet “the criteria under 42 U.S.C. … The Texas Supreme Court has clearly and unequivocally stated that the TCHRA requires exhaustion of administrative remedies before suit, and it is well established in Texas that the failure to exhaust before filing suit deprives

Weston Forest & Trail Ass'n v. Fishman

66 Mass. App. Ct. 654 · Massachusetts Appeals Court · Jun 30, 2006

L. c. 184, §§ 31-33, the Legislature recognized, and sought to protect, the public benefits of conserving land and water in their “natural, scenic or open condition” by government bodies and qualified charitable corporations … In particular, Fishman’s estoppel and loches claims are not frivolous because the case law does not clearly establish that a private entity such as the WFTA is immune from such claims.

E.F.Y Realty Corp. v. City of Lynn

12 Mass. L. Rptr. 320 · Massachusetts Superior Court · Jun 26, 2000

The defendants claim they are entitled to qualified immunity because the alleged constitutional violation, failure to provide due process by failing to notify the owner and mortgagee before demolishing the building, was not … clearly established by the time of demolition.

Reed v. Jones

81 N.M. 481 · New Mexico Court of Appeals · Apr 17, 1970

The burden is on the taxpayer to establish clearly his right to the deduction and the intention to authorize the deduction claimed by the taxpayer must be clearly and unambiguously expressed in the statute. … The taxpayer has not clearly established his right to the deduction because the statute does not clearly and unambiguously authorize the deduction being claimed under the facts of this case.

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

Mt. Pleasant Independent School District v. Dona K. Elliott

Texas Court of Appeals, 6th District (Texarkana) · Apr 17, 2014

The appeal turns on whether Elliott established at least a fact issue about a waiver of sovereign immunity. See TEX. CIV. PRAC. & REM. … from liability under Section 21.912(c) of the Texas Education Code, which grants qualified immunity to school employees for acts done within the scope of their employment involving judgment or discretion, the court noted