Case law

Babcock v. Saint Francis Medical Center

4 Neb. Ct. App. 362 · Nebraska Court of Appeals · Feb 20, 1996

The second requirement for immunity is unquestionably satisfied. … Finally, the record clearly establishes that St. Francis decided to terminate Babcock’s privileges “in the reasonable belief that the action was warranted by the facts known.” § 11112(a)(4).

Cloud v. McKinney

228 S.W.3d 326 · Texas Court of Appeals, 3rd District (Austin) · May 18, 2007

In his motion for summary judgment, McKinney asserted that he was immune from suit under the doctrines of sovereign immunity and official immunity. … As an affirmative defense, the burden is on the defendant to establish the elements of the defense. Id. at 653 .

Tayar v. Camelback Ski Corp., Inc.

2008 Pa. Super. 204 · Superior Court of Pennsylvania · Sep 4, 2008

We will reverse the resulting order only where it is established that the court committed an error of law or clearly abused its discretion. Estate of Higgins ex rel. Higgins v. Washington Mut. Fire Ins. … the intent of the parties; (3) the language of the contract must be construed, in cases of ambiguity, against the party seeking immunity from liability; and (4) the burden of establishing immunity is upon the party invoking

Markis v. City of Grosse Pointe Park

180 Mich. App. 545 · Michigan Court of Appeals · Oct 16, 1989

The motion should be denied unless the claim is clearly so unenforceable as a matter of law that no factual development could establish the claim and justify recovery. … We believe Officer Konefeke is entitled to immunity under Ross.

Hall v. Kiger

795 A.2d 497 · Commonwealth Court of Pennsylvania · Apr 4, 2002

The court emphasized that it is the public’s interest rather than the interest of the official that supports the establishment of an absolute privilege. … Whether a police chief is qualified is a pertinent subject to borough council, because that governmental body is responsible under Section 1121 of The Borough Code for the appointment of the police chief. 53 P.S. § 46121.

Muller v. English

221 Ga. App. 672 · Court of Appeals of Georgia · May 22, 1996

This lack of agreement demonstrates the danger of relying upon privately established standards or recommendations to establish negligence; moreover, as revealed in *679 this record, the number of hunting customs and the disagreement … exception established by the Act.

Texas Department of Public Safety v. Leroy Torres

Texas Court of Appeals, 15th District · Dec 16, 2024

As is clearly required by the Department of Labor's final rules on USERRA from 2005: Section 1002.226 establishes that the employer must make reasonable accommodations for any disability incurred in or aggravated … Within the vast network of the Texas government, there were positions for which Captain Torres was qualified or could become qualified through training -- even if it means displacing another employee. (38 U.S.C. § 4312(e)

In re Wedderburn ex rel. Apgar

66 Cal. App. 2d 70 · California Court of Appeal · Sep 28, 1944

It is only when the evidence presented to the trial court establishes the fact that a defendant is a member of the exempted class defined by section 43.31 that such defendant is immune from prosecution. … therefrom by reason of the exemption provisions of section 43.31, —a perfect defense, if established.

Joseph Gaudette, Joyce Gaudette, Individually and A/N/F for Andrew Wilkes, Audrey Gaudette and Austen Gaudette v. Conn Appliances, Inc.

Texas Court of Appeals, 9th District (Beaumont) · Sep 6, 2007

Campbell acknowledged during his deposition that there is no specific criteria established for diagnosing immune dysfunction. … He diagnosed Austen with an immune mechanism disorder called immune dysregulation and Andrew with autoimmune disease, immune mechanism disorder, and mycosis. 3.

The News & Observer Publ'g Co. v. McCrory

251 N.C. App. 211 · Court of Appeals of North Carolina · Dec 20, 2016

In light of our well-established precedent regarding interlocutory appeals, only Defendants’ sovereign immunity contentions could provide them a path to immediate appellate review. … [the] affirmative defense was clearly before the trial court. . . .

City of Hurst v. Rae Neel

Texas Court of Appeals, 2nd District (Fort Worth) · Apr 23, 2026

GOVERNMENTAL IMMUNITY Governmental immunity protects political subdivisions of the State, including cities, from lawsuits for monetary damage unless immunity has been waived. Reata Constr. Corp. v. … The City challenged Neel’s ability to establish that it had actual knowledge of the alleged defect and, in doing so, presented evidence establishing it lacked actual knowledge of the complained of condition at the time

in Re: Sandra Mendez

Texas Court of Appeals, 8th District (El Paso) · May 10, 2007

A court clearly abuses its discretion if it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law. Walker , 827 S.W.2d at 839 . … Doone's affidavit to establish any fact in an integral part of the proceeding.

Kirchmann v. Lake Elsinore Unified School District

100 Cal. Rptr. 2d 289 · California Court of Appeal · Oct 11, 2000

Therefore, although Congress did not establish federal courts as the exclusive forum for section 1983 suits, it plainly intended federal courts to have “ ‘a paramount role’ ” in enforcing the statute. … In fact, the court was required to presume the bistate entity did not qualify for immunity, unless it was shown that the states and Congress intended it to be immune. {Id., at pp. 43-44 [115 S.Ct. at pp. 402-403].)

Butzlaff v. State Department of Health & Family Services

223 Wis. 2d 673 · Court of Appeals of Wisconsin · Dec 17, 1998

We agree with Butzlaff that the legislature has clearly and expressly waived sovereign immunity in actions by employees under the FMLA. … The former must be clearly expressed to constitute a waiver of sovereign immunity. The latter are interpreted according to the ordinary rules of statutory construction.

Cameron County, Texas Carlos H. Cascos, Sophia Benavides, John Wood, David A. Garza and Edna Tamayo v. Frank A. Tompkins, Individually and as Trustee, and Carolyn Tompkins Young

Texas Court of Appeals, 13th District · Oct 24, 2013

Establishment of Andy Bowie Park Frank A. Tompkins and Carolyn Tompkins Young are John L. Tompkins’ alleged heirs. On July 11, 1952, John L. … their declaratory-judgment action: a judgment declaring that: (1) the County was granted an easement, not a fee simple interest, in the land in question; (2) leasing the land to resort hotels does not qualify

Denver City Independent School District v. Moses

51 S.W.3d 386 · Texas Court of Appeals, 7th District (Amarillo) · May 31, 2001

To establish a trial court’s subject matter jurisdiction over a suit against the State, a litigant must show, either by reference to a statute or to express legislative permission, that the legislature consented to the suit … Clearly, each cause of action asserted by appellant, and appellant’s suit, sought reformation, rescission or voiding of the contracts.

City of Dallas v. Turley

316 S.W.3d 762 · Texas Court of Appeals, 5th District (Dallas) · Aug 24, 2010

We agree with the City that the landowners did not establish a waiver of immunity for their claim for attorney’s fees. We sustain the City’s second issue. … The landowners do not allege any statutory provision by which the City has “clearly and unambiguously” waived its governmental immunity to their adverse possession claim. See Tex. Gov’t Code Ann. § 311.034.

Dan Young, V. Todd S. Rayan

Court of Appeals of Washington · Jul 24, 2023

As applied to witnesses, the privilege is sometimes referred to as witness immunity, and under it, “[a]s a general rule, witnesses in judicial proceedings are absolutely immune from suit based … Bender, however, discussed the difference between doctrines of absolute and qualified (and discretionary) immunity in the abstract, not as applied to any particular set of facts. 99 Wn.2d at 600.

Kansas City Southern and the Texas Mexican Railway Company v. Port of Corpus Christi Authority of Nueces County, Texas

Texas Court of Appeals, 13th District · Dec 10, 2009

Accordingly, PoCCA's sovereign immunity from suit has not been clearly and unambiguously waived by section 271.152 of the local government code. … Because we find that PoCCA's immunity from suit has not been clearly and unambiguously waived with respect to KCS's claims regarding the Tule Lake Lift Bridge, it follows that PoCCA would be immune to the enforcement of any

Dacotah Properties—Richfield, Inc. v. Prairie Island Indian Community

520 N.W.2d 167 · Court of Appeals of Minnesota · Sep 28, 1994

We also reject the Community’s argument that a pledge or assignment of income or chattels must be established as a precondition of a waiver. … Both waivers are clearly expressed and both operate.