Case law

Old Republic National Title v. Cap Fund 783

2026 UT App 37 · Court of Appeals of Utah · Mar 19, 2026

¶7 Old Republic moved for summary judgment on all five of Matt’s claims, asserting interpleader immunity as to the Original Claims and arguing Matt could not establish the elements of the Additional Claims as a matter … “A finding of bad faith is a question of fact and is reviewed by this court under the clearly erroneous standard, but a without merit determination is a question of law that we review for correctness.” Id.

Texas Department of Transportation v. City of Sunset Valley

92 S.W.3d 540 · Texas Court of Appeals, 3rd District (Austin) · Dec 5, 2002

Sovereign Immunity In its fifth and final issue, TxDOT contends that appellees’ nuisance claims based on the use of high mast floodlights are barred by sovereign immunity. … Generally, state agencies are immune from suit unless that immunity is waived. Texas Dep’t of Transp. v. Able, 35 S.W.3d 608, 611 (Tex.2000).

Lichtman v. Siemens Indus. Inc.

224 Cal. Rptr. 3d 725 · California Court of Appeal, 5th District · Nov 2, 2017

The contract between defendant and the City was clearly intended to, and does, affect plaintiffs. This factor fails to support the conclusion that defendant owed no duty as a matter of law. b. … Code, § 810 et seq. ) and provides immunity to government entities under certain circumstances. It does not provide a blanket immunity to government entities under all circumstances, however. ( De La Rosa v.

Armendarez v. Tarrant County Hospital District

781 S.W.2d 301 · Court of Appeals of Texas · Dec 13, 1989

establishing as a matter of law that their duties were uniquely governmental in nature. … In Pangburn , the *311 court held that a staff psychiatrist at the state hospital was immune for ordinary negligence in releasing a patient. The decision was based on a statute which extended such qualified immunity.

Johnson v. Empe, Inc.

837 S.W.2d 62 · Court of Appeals of Tennessee · Feb 25, 1992

General rule of immunity from suit — Exceptions. … Accepting his affidavit as satisfactorily establishing the standard of care required of a professional engineer, which we must on motion for summary judgment, it is, nevertheless, not dispositive of any issue.

Brown v. South Broward Hospital Dist.

402 So. 2d 58 · District Court of Appeal of Florida · Aug 12, 1981

If this were the sole basis for the trial court's order, then it would be clearly erroneous, as suggested by appellant. … The test for application of the immunity rule is whether the party against whom relief is sought had the duty or liability to provide worker's compensation coverage. Immunity is co-extensive with that duty. Smith v.

Bourgeois v. GREEN INDUSTRIES

841 So. 2d 902 · Louisiana Court of Appeal · Feb 25, 2003

The purpose of the intentional act exception is to prevent a person granted immunity, who intentionally inflicts an injury on an employee, from using the immunity to protect himself against the consequences of his own "willful … Avondale and its executive officers assert that a claim for medical monitoring is a new cause of action and that the theory established in Walls v.

City of Houston v. HOUSTON FIREFIGHTERS' RELIEF AND RETIREMENT FUND, GEORGE ANDERSON AND ALVIN JAMES

Texas Court of Appeals, 1st District (Houston) · May 5, 2006

The City notes that “it is established that a suit which is brought ostensibly for the purpose of declaring rights, but actually seeks to impose liability on a subdivision of a state, is barred by sovereign immunity.” … Rather, section 16 simply modified the statutory criteria for eligibility for qualifying for prior service credits. Id .

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.

Masonick v. J.P. Homes, Inc.

494 N.W.2d 910 · Court of Appeals of Minnesota · Jan 26, 1993

The court further noted that, even if the proposed use of the land had been so clearly illegal as to eliminate any exercise of discretion on the part of the city’s employee, the landowner still would be precluded from recovering … Building codes, the issuance of building permits, and building inspections are devices used by municipalities to make sure that construction within the corporate limits of the municipality meets the standards established.

Chandler v. Allen

108 S.W.3d 756 · Missouri Court of Appeals · Jun 24, 2003

Chandler failed to allege any similarly situated person treated differently than himself; and (4) Respondents were immune from Mr. Chandler’s claims under the official immunity doctrine. This appeal by Mr. … Chandler's claims by official immunity is not addressed.

Mohamad Nawar, M.D. v. Maria Martha Gonzalez, Individually and on Behalf of Estate of Joseph M. Gonzalez, Sandra Gonzalez, Sergio Gonzalez, Azalea Gonzalez, and Carolina Gonzalez Ortiz

Texas Court of Appeals, 4th District (San Antonio) · Dec 5, 2018

HEALTH AND SAFETY CODE ANN. § 285.072; Baylor Scott & White, 549 S.W.3d at 246 (focusing analysis on whether Baylor Health Care Center qualifies for immunity after determining center is a “hospital district management contractor … provide development services and community outreach programs for the Clinic; provides the Clinic with human resource management services; provide all accounting and related financial support services for the Clinic; and establish

Hutchinson v. Allegan County Board of Road Commissioners

192 Mich. App. 472 · Michigan Court of Appeals · Jan 21, 1992

The motion can be granted only if the claim is so clearly unenforceable as a matter of law that no factual development could establish the claim and justify recovery. … The highway exception is a narrowly drawn exception to a broad grant of immunity. Scheurman, supra, p 630 .

Gooslin v. State

132 Md. App. 290 · Court of Special Appeals of Maryland · May 31, 2000

U.S. 1 , 108 S.Ct. 849 , 99 L.Ed.2d 1 (1988) (a statutory classification reviewed under the rational basis standard enjoys a strong presumption of constitutionality and will be invalidated only if the classification is clearly … claim is one for which the State and its units have waived immunity under subsections (a) and (b) of this section; (ii) a judgment or settlement has been entered granting the claimant damages to the full amount established

McKinley v. City of Glenwood Springs

2015 COA 126 · Colorado Court of Appeals · Sep 10, 2015

immunity. … We defer to the trial court’s factual findings unless they are clearly erroneous and unsupported by evidence in the record. See Walton v. State , 968 P.2d 636, 643, 645 (Colo. 1998).

Huerta v. City of Santa Ana

California Court of Appeal · Aug 23, 2019

“It is clearly established that ‘[f]indings of fact and conclusions of law are required after “the trial of a question of fact by the court.” [Citation.] … (§§ 830.4, 830.8), and design immunity (§ 830.6).

Cnty. of San Mateo v. Superior Court of San Mateo Cnty.

221 Cal. Rptr. 3d 138 · California Court of Appeal, 5th District · Jul 25, 2017

immunity." … unimproved" and there was no evidence "link[ing] the improvements, casually or otherwise, with the accident"]; see also Mercer , supra , 197 Cal.App.3d at p. 165, 242 Cal.Rptr. 701 [ Buchanan illustrates the principle "that to qualify

Parke County v. Ropak, Inc.

526 N.E.2d 732 · Indiana Court of Appeals · Aug 2, 1988

The appellant is correct that a party seeking to prove fraud must establish a right to rely. Plymale, at 761. … Rather, subsection (13) provides that a government entity will be immune from liability for misrepresentation only where the misrepresentation was unintentional; conversely, no immunity will apply to any intentional misrepresentation

Ocean Spray Cranberries, Inc. v. Refrigerated Food Distributors, Inc.

2007 Pa. Super. 311 · Superior Court of Pennsylvania · Oct 15, 2007

No inference from words of general import can establish such indemnification. Ruzzi v. Butler Petroleum Co., 527 Pa. 1, 7 , 588 A.2d 1, 4 (1991). … No inference from words of general import can establish it. Id., 217 Pa. at 262 , 66 A. at 557 (emphasis added). See also Mace v.

Texas Workforce Commission v. Harris County Appraisal District

488 S.W.3d 843 · Court of Appeals of Texas · Mar 31, 2016

. 6 Subchapter E of chapter 201 excludes certain services from qualifying as employment under the Texas Unemployment Compensation Act. … In that case, we held that board members were entitled to judicial immunity because they were quasi-judicial officers who performed functions similar to those of judges. Id. at 594-96 .