Case law

Vandonkelaar v. Kid's Kourt, LLC

290 Mich. App. 187 · Michigan Court of Appeals · Sep 30, 2010

See also Spikes v Banks, 231 Mich App 341, 348 ; 586 NW2d 106 (1998). 4 Even though there was agreement that Chad’s parents were protected by immunity, the parties vigorously disagreed about the effect of that immunity on … Here, the inaction at issue reasonably fell within one of the Plumley exceptions because Chad’s parents were clearly exercising their discretion with respect to the provision of medical services and care.

Kniepp v. City of Shreveport

609 So. 2d 1163 · Louisiana Court of Appeal · Dec 2, 1992

Having found that the trial court was neither clearly wrong, manifestly erroneous, or in error as a matter of law, we affirm the judgment of the trial court. AFFIRMED. … Clearly, the decision to withdraw and leave the area unprotected and then not respond to the Sack-N-Pack fire was a cause-in-fact of plaintiffs' losses.

Marinelli v. Weaver

187 So. 2d 690 · District Court of Appeal of Florida · Jun 8, 1966

Bank of Miami Beach, Fla. 1957, 95 So.2d 891 , is clearly dispositive of such contention adverse to the Marinellis. … The Marinellis were clearly liable as accommodation makers on the note, and the learned trial Judge was correct in so holding.

EDWARD G. WRIGHT v. THOMAS TURCO, THIRD, & Others (And a Companion Case).

Massachusetts Appeals Court · Nov 27, 2024

The defendants asserted, and the judge agreed, that they have qualified immunity to civil rights liability in this case because there was no clearly established law providing that photocopies of nonprivileged incoming … A determination of qualified immunity entails a two-part inquiry.

Nolan v. Bronson

185 Mich. App. 163 · Michigan Court of Appeals · Aug 22, 1990

As previously noted, a duty of care may be established by statute, or by the common law. … A bus which is operated in the manner required by § 682 is clearly employed in a specific function or to produce a desired effect.

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

State v. Rodgers

119 Idaho 1066 · Idaho Court of Appeals · Nov 13, 1990

No request was made to the trial court to grant immunity to Cox. Moreover, the record does not show that Rodgers requested the prosecutor to grant Cox use immunity. … The prosecutor is accorded the power to grant use immunity pursuant to I.C. §§ 19-1114, -1115. “It cannot be said to be an abuse of the immunity power not to grant it when it has not been requested.” State v.

Joann Mooney v. Joe Sneed

Court of Appeals of Tennessee · Mar 31, 1999

in any amount in excess of the amounts established for governmental entities in § 29-20-403, unless the act or omission was willful, malicious, criminal, or performed for personal financial gain, or unless … In this case, the EMT-Ps were clearly providing specialized medical care requiring knowledge and skill, namely, the insertion of an endotracheal tube into the patient.

Tarrant County v. Denton County

87 S.W.3d 159 · Court of Appeals of Texas · Aug 1, 2002

and preponderance as to be manifestly unjust, why it shocks the conscience, or why it clearly demonstrates bias. … the statutes creating both counties. 26 Thus, viewed in context, Denton County’s position as adopted by the trial court, that its southern boundary with Tarrant County was established under prior law, is clearly an attempt

University of Miami, School of Medicine v. Ruiz

District Court of Appeal of Florida · Feb 11, 2015

well-established Florida law that a party who is required to give notice under NICA’s Notice Provision and fails to do so waives its right to assert the exclusivity of remedies in NICA’s Immunity Provision. … Because the plaintiffs have alleged that UM is “directly involved” in the labor and delivery, and UM is clearly entitled to immunity under the terms of NICA’s Immunity Provision under the plaintiffs’ “directly involved”

Speece v. Borough of North Braddock

145 Pa. Commw. 568 · Commonwealth Court of Pennsylvania · Feb 19, 1992

The city asserted immunity. The Supreme Court affirmed this court’s finding of immunity. … In the present case, at the time the hose burst, the two fire trucks were stopped, were being used to pump water to the fire, and were clearly not being “operated”, as defined by the Supreme Court in Love .

Fingerle v. City of Ann Arbor

308 Mich. App. 318 · Michigan Court of Appeals · Dec 2, 2014

Motions for summary disposition under MCR 2.116(C)(7) are granted when a claim is barred by “immunity granted by law.” … See MCL 101.1 (“The council of any city may establish, construct and maintain sewers and drains . . .”) (emphasis added); Ashley v Port Huron, 35 Mich 296, 299 (1877) (COOLEY, C.J.)

Rosie Vanarsdale, Individually and as Representative of the Estate of Kadrian T. Vanarsdale and Vinson Vanarsdale v. City of Killeen and Andrew Pence

Texas Court of Appeals, 3rd District (Austin) · Jul 15, 2004

The standards for reviewing a motion for summary judgment are well established: (1) the movant has the burden of showing that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law … Said failure was a proximate cause of the unnecessary escalation of force, which resulted in the clearly foreseeable shooting death of Kadrian T.

Blakeslee Arpaia Chapman, Inc. v. Kiewit Infrastructure Co.

Connecticut Appellate Court · May 26, 2026

not satisfy every criteria,’ the Gordon court implicitly placed the burden on the entity attempting to establish its entitlement to sovereign immunity.” Norris v. Trum- bull, supra, 187 Conn. App. 214. … immunity.

Doe v. Eliyas

2025 NY Slip Op 04876 · Appellate Division of the Supreme Court of the State of New York · Sep 10, 2025

"'Not-For-Profit Corporation Law § 720-a confers a qualified immunity on uncompensated directors, officers, and trustees of certain not-for-profit corporations'" ( Kamchi v Weissman , 125 AD3d 142, 160 , quoting Samide v … "On a defendant's motion pursuant to CPLR 3211(a)(11) to dismiss a complaint premised on the qualified immunity conferred by N-PCL 720-a, the court must first determine whether the defendant is entitled to the benefit of

Town of Westlake, Texas v. City of Southlake, Texas

Texas Court of Appeals, 2nd District (Fort Worth) · Dec 23, 2021

issue, Westlake argues that Section 251.001 of the Local Government Code—the statute that Southlake claims empowered it to condemn land in Westlake—did not clearly and unambiguously waive Westlake’s governmental immunity … Again, these are the types of checks that Oncor relied on to conclude that the statute it analyzed clearly and unambiguously waived a public-entity condemnee’s immunity. 369 S.W.3d at 850.

Detroit Mayor v. Arms Tech, Inc.

258 Mich. App. 48 · Michigan Court of Appeals · Oct 7, 2003

Although subsections 9 through 13 provide immunity from civil liability in certain instances, this immunity extends to situations discussed in the act, namely providing trigger locks and firearm safety information. … NOTES [1] A "straw" purchase, according to plaintiffs, is one where a "[qualified] purchaser buys the gun from a licensed dealer for a person who is not qualified to purchase the firearm under federal and state regulations

Salix State Bank v. Commonwealth, Department of Banking

36 Pa. Commw. 120 · Commonwealth Court of Pennsylvania · Jun 16, 1978

The Department’s assertion of immunity from suit is without merit. Though it has been held that this *123 immunity extends to actions in equity, Boss v. Keitt, 10 Pa. Commonwealth. … officials from performing affirmative acts are not within the rule of immunity.

California Correctional Peace Officers Assn. v. Virga

181 Cal. App. 4th 30 · California Court of Appeal · Jan 15, 2010

The court also noted that state officials have qualified immunity from section 1983 actions brought against them in their individual capacities unless a plaintiff can (1) show a violation *35 of constitutional rights and … The court did not reach the qualified immunity question, however, because it concluded that because the proposals were never implemented, no constitutional rights violation occurred.

Weber v. City of Fort Wayne

511 N.E.2d 1074 · Indiana Court of Appeals · Aug 17, 1987

Therefore, in reviewing the trial court’s ruling, we must first discern whether the City’s motion for summary judgment showed the undisputed material facts establish a defense to Weber’s claim. … attend flea market, the First District held any decision by the state police whether to patrol the area of the flea market or to provide traffic control, was a decision on whether to enforce the law, a discretionary act clearly