Case law

Lowe's Feed and Grain, Inc. v. Charles "Rick" Maxwell, Individually

Court of Appeals of Kentucky · Sep 23, 2021

Therein, they argued that the City was entitled to statutory immunity under the Claims Against Local Government Act and that Maxwell was entitled to qualified official immunity. … established rights.

Ja'Liyah Celestine v. Linda Yvonne Holland

Texas Court of Appeals, 6th District (Texarkana) · Sep 14, 2026

Celestine replied to Holland’s plea, arguing that her pleadings clearly established that Holland’s behavior went beyond the scope of her employment. Holland filed a reply brief in support of her plea. … Election of Remedies Provision of the TTCA2 Holland argues that the trial court correctly granted her plea to the jurisdiction because Celestine’s pleadings established that her claims against Holland fell within

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.

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.

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

Kenson Louima v. State of Florida

175 So. 3d 893 · District Court of Appeal of Florida · Sep 9, 2015

Notably, however, the state never argued that the DOC records independently established that Louima qualified for PRR sentencing. … Specifically, prior to Louima’s testimony, the trial court indicated that the state had failed to establish that Louima qualified for a PRR sentence.

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

Vicki L. Mobley v. State of Arkansas

Court of Appeals of Tennessee · Jan 7, 2019

The Court added, “It may be wise policy, as a matter of harmonious interstate relations, for States to accord each other immunity or to respect any established limits on liability. They are free to do so.” Id. at 426. … established limits on liability.”).

LeRay v. Bartholomew

871 So. 2d 492 · Louisiana Court of Appeal · Mar 30, 2004

We find Kelty to be clearly distinguishable. … After a settlement with one qualified provider and dismissal of the other, the LPCF was added to the lawsuit.

Esparza v. Skyreach Equipment, Inc.

15 P.3d 188 · Court of Appeals of Washington · Dec 26, 2000

The court then prohibited Skyreach from arguing that JLG Industries, Inc., was a nonparty entity to which the jury could allocate fault because the evidence did "not establish that the machine was defective either in design … each other and serve the same purpose—prompt payment of benefits to the injured worker and immunity from allocation of fault to the employer.

Little v. Texas Department of Criminal Justice

177 S.W.3d 624 · Texas Court of Appeals, 1st District (Houston) · Aug 31, 2005

(stating that “[t]o prove pretext the plaintiff may show that he is clearly better qualified ... but he may also prove pretext by other evidence”). … that plaintiff proffered no evidence comparative in nature as to whether he was clearly better qualified).

Paley v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASS'N

159 Cal. App. 2d 500 · California Court of Appeal · Apr 18, 1958

to abridge the privileges and immunities of the citizen. … to abridge the privileges and immunities of the citizen ...”

Larison v. PUBLIC WATER SUPPLY DIST. NO. 1

998 S.W.2d 192 · Missouri Court of Appeals · Aug 17, 1999

A public entity is generally immune from tort liability under sovereign immunity. See, e.g., Page v. Metropolitan St. Louis Sewer Dist., 377 S.W.2d 348, 352-53 (Mo.1964). … Clearly, there is no evidence that the operator or other Water District employees were actually aware the Larisons’ meter lid was not properly secured.

Dobransky, E. v. EQT Production Company

2020 Pa. Super. 189 · Superior Court of Pennsylvania · Aug 11, 2020

Our scope of review of a trial court’s order granting or denying summary judgment is plenary, and our standard of review is clear: the trial court’s order will be reversed only where it is established that … Atlas filed a motion for summary judgment, alleging that it qualified -4- J-A05012-20 as a statutory employer under Section 302(a) of the Act and, therefore, was immune from tort

Ernest T. Jones v. Mississippi Institutions of Higher Learning

264 So. 3d 9 · Court of Appeals of Mississippi · Aug 14, 2018

That is, section 11-46-5 provides a limited waiver of sovereign immunity for damages arising from such a breach. ¶53. We qualify our holding in one respect. … Generalized or conclusory assertions of prejudice are insufficient to establish that actual prejudice will result from the amendment. See, e.g., Middle Atl. Utils. Co. v. S.M.W. Dev.

City of Lancaster v. White Rock Commercial, LLC

Texas Court of Appeals, 5th District (Dallas) · Aug 20, 2018

A movant bears the burden in its plea to establish that it is entitled to immunity, and if it meets this burden, the burden then shifts to the non-movant to establish, or at least raise a fact issue on, a waiver of immunity … Applicability of Immunity In its first issue, the City contends that it is immune from suit under the common law doctrine of sovereign immunity.

Bates v. Charlotte-Mecklenburg Historic Landmarks Comm'n

Court of Appeals of North Carolina · Jan 2, 2024

LANDMARKS COMM’N Opinion of the Court taken as true, are sufficient to establish a waiver by the State of governmental immunity. Fullwood, 250 N.C. … In such cases, “[b]ecause malice encompasses intent, . . . if a party alleges an intentional tort claim, the doctrine of qualified immunity does not immunize public officials . . . from suit in their individual capacities

Texas Commission on Human Rights, Texas Workforce Commission, David Powell and Robert Gomez v. Marilou Morrison

Texas Court of Appeals, 3rd District (Austin) · Jul 8, 2011

Sovereign immunity includes two distinct principles: immunity from suit and immunity from liability. Texas Dep't of Parks & Wildlife v. Miranda , 133 S.W.3d 217, 224 (Tex. 2004) (citing Texas Dep't of Transp. v. … Garcia , 253 S.W.3d 653, 660 (Tex. 2008) (agreeing that TCHRA "clearly and unambiguously waive[d] immunity"); see also Tex. Lab.

Prairie View a & M University and Bill Turner D/B/A Turner Mechanical Services v. Eddie Ray Brooks

Texas Court of Appeals, 14th District (Houston) · Oct 20, 2005

At the close of the evidence, the University again urged the issue of sovereign immunity, arguing in a motion for a directed verdict that the evidence failed to establish a waiver of immunity under a premises theory. … The TTCA A does not waive sovereign immunity for all negligence claims against governmental units. @ Id. There will accordingly be cases in which a state entity was clearly negligent but will not be held liable.