Case law

Heimann v. Kinder-Morgan CO2 Co., LP

144 P.3d 111 · New Mexico Court of Appeals · Oct 11, 2006

in [its] Qualified Contracts . . ., [its] transportation charges established as Qualified Other Transportation Charges . . ., and [its] Approved Mainline Deductions." … Shell in establishing royalty settlement values for purposes of payment to their Respective Owners and, (b) regarding Non-Qualified Other Transportation Charges . . . utilized by . . .

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.

Area Mental Health, Mental Retardation & Substance Abuse Authority v. Speed

69 N.C. App. 247 · Court of Appeals of North Carolina · Jul 3, 1984

Indeed, such a requirement would have the anomalous effect of rendering reduction-in-force decisions immune from claims of illegal discrimination and consequent judicial scrutiny. … Speed was qualified for her job, and that her discharge resulted from discriminatory motives.

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.

Glazer v. Crescent Wallcoverings, Inc.

215 Ga. App. 492 · Court of Appeals of Georgia · Dec 5, 1994

Nelson, 251 Ga. 475 ( 306 SE2d 290 ) (1983), in which the Supreme Court held that the parties’ joint liability did not have to be actually established by a judgment for contribution to be possible, and that the plaintiffs … And if that motion for summary judgment had been granted, the product defendants clearly would not have been able to pursue contribution from landlord. Cf. Shackelford v. Green, 180 Ga.

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

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].)

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.

B.K., Individually and as Next Friend of T.K., C.K., P.K., and N.K., Minors v. Lynn Jacob Cox, Independent of the Estate of Michael Dennis Cox, and Baylor College of Medicine

Texas Court of Appeals, 14th District (Houston) · Aug 28, 2003

The summary judgment was proper only if the movants conclusively established each element of this defense. See Science Spectrum, Inc. v. Martinez , 941 S.W.2d 910, 911 (Tex. 1997). … But, if a case was filed in a court, even if the court ultimately decided it had no jurisdiction over a case, judicial immunity would protect the judge = s actions before the case was dismissed. [8] Obviously, a judge qualifies

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.)

Firetree, Ltd. v. Fairchild

920 A.2d 913 · Commonwealth Court of Pennsylvania · Mar 9, 2007

Laurelton Center was established in 1918 for the rehabilitation, care and treatment of persons with mental retardation. … Id. *917 Preliminary objections in the nature of a demurrer should be sustained only where the pleadings are clearly insufficient to establish a right to relief; any doubt must be resolved in favor of overruling the demurrer

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.

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

Ostrager v. State Board of Control

99 Cal. App. 3d 1 · California Court of Appeal · Nov 29, 1979

Privileges and Immunities Clause of Article IV. … Privileges and Immunities Clause.”

Banchs v. Coughlin

168 A.D.2d 711 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1990

The parties do not dispute that petitioners substantially prevailed in this proceeding and that the records were of clearly significant interest to the general public. … immunity.

Smithson v. HOWARD REGIONAL HEALTH SYSTEM

933 N.E.2d 1 · Indiana Court of Appeals · Aug 2, 2010

"If the evidence permits conflicting reasonable inferences as to material facts, the governmental unit has failed to establish its immunity." Bules v. Marshall County, 920 N.E.2d 247, 250 (Ind.2010). … The Smithsons have failed to establish prejudice from Howard Regional's omission to plead governmental immunity in its answer. 3 . All dates refer to 2005. 4 . Measurements are in inches and degrees Fahrenheit. 5 .