Case law

Sanders v. State Personnel Commission

197 N.C. App. 314 · Court of Appeals of North Carolina · Jun 2, 2009

On 22 July 2005, defendants answered and moved to dismiss the action as barred by principles of sovereign and/or qualified immunity and for a failure to state a claim for relief. … Although the regulations clearly state that temporary employees shall not be employed greater than twelve months, they fail to provide *323 a remedy or to establish a classification for a “temporary” employee whose term then

Anthonette Todaro, Individually and on Behalf of the Estate of Blake Edward Todaro v. the City of Houston

Texas Court of Appeals, 14th District (Houston) · Apr 20, 2004

When determining whether the Legislature has clearly and unambiguously waived immunity from suit, we generally resolve any ambiguity in favor of retaining immunity. Id. at 697 . … City of Houston , A Clearly [section] 101.061 intended to provide for abolishment of governmental immunity without causing havoc. @ 839 S.W.2d 95, 99 (Tex. App. C Houston [14th Dist.] 1992, writ denied).

Madden v. Jeffes

85 Pa. Commw. 414 · Commonwealth Court of Pennsylvania · Oct 5, 1984

Although the record does not clearly establish exactly what “suspension” of PAL activities entailed, we gather that the prison officials prohibited inmates from conducting any corporate *416 business, but did not actually … Petitioners must establish that they have a clear legal right, that the respondents have a corresponding legal duty, and that there is no other adequate or appropriate remedy at law. Francis v.

UNIVERSITY OF TX SW. MED. CTR. v. Gentilello

260 S.W.3d 221 · Texas Court of Appeals, 5th District (Dallas) · Jul 18, 2008

Sovereign immunity includes two distinct principles, immunity from suit and immunity from liability. Miranda, 133 S.W.3d at 224 . … However, cases decided under the tort claims act are clearly distinguishable because of the specific waiver of immunity from suit found in that act.

Clein v. Rankin County School District

78 So. 3d 384 · Court of Appeals of Mississippi · Jan 17, 2012

from liability since the actions of RCSD and its employees were at all material times discretionary functions subject to the immunity under section 11 — 46—9—(l)(d); and (4) RCSD is immune from any premises-liability claims … Clein attempts to distinguish Cov-ington from the present case, and he claims that the supreme court’s ruling clearly applies to a limited set of facts involving coaches, athletes, and extra-curricular activities.

DiFoggio v. County of Will Division of Transportation

257 N.E.3d 608 · Appellate Court of Illinois · Nov 25, 2024

¶ 14 If a plaintiff cannot establish an element of his cause of action, summary judgment for the defendant is proper. Id. … Therefore, while Gieske has personal knowledge about what constitutes construction, he is not qualified to testify about what constitutes maintenance. See Kim v. Mercedes-Benz, U.S.A., Inc., 353 Ill.

Mahoney v. Lensink

17 Conn. App. 130 · Connecticut Appellate Court · Nov 29, 1988

In analyzing the statute at issue, well established rules of statutory construction control. … When the state waives its sovereign immunity by statute, “a party attempting to sue under the legislative exception must come clearly within its provisions . . . . ” Berger, Lehman Associates, Inc. v.

Kollar v. Lozier

286 N.J. Super. 462 · New Jersey Superior Court Appellate Division · Jan 17, 1996

Clearly, Kollar posed a threat not only to himself but also to others. We do not read General Order 83-3 to prohibit a pursuit in this situation. … However, in this case its employees, Lozier and Dawson, are immune from liability pursuant to N.J.S.A. 59:5-2b(2) and the Borough is entitled to the same immunity.

Paul Martin Clark and Black Citizens for Justice, Law and Order, Inc. v. Gladys Elaine Blanton Jenkins

Texas Court of Appeals, 7th District (Amarillo) · Feb 22, 2008

(footnote: 16) Clearly, all communications to public officials are not absolutely privileged. Hurlbut , 749 S.W.2d at 768 . … Initial communications “to a public officer . . . who is authorized or privileged to take action” are subject to only a qualified privilege, not absolute immunity. Id.

Martinez v. CITIES OF GOLD CASINO

146 N.M. 735 · New Mexico Court of Appeals · Apr 24, 2009

immunity. … Having previously established that the immunity of tribal entities is possessed independently by each entity, Defendant’s statement amply demonstrates that although PPGC and the Pueblo are immune from suit in this matter,

Lucero v. Valdez

180 Ariz. 313 · Court of Appeals of Arizona · Apr 14, 1994

This is because “the state of the family domicile ... has the primary responsibility for establishing and regulating the incidents of the family relationship____” Id. at 564 , 447 P.2d at 256 (quoting Emery v. … We find rather that, *318 because California law clearly controlled, the Utah court had no reason to resolve what it had previously defined as an unsettled question of Utah law. .

Mitchell v. City of Trenton

163 N.J. Super. 287 · New Jersey Superior Court Appellate Division · Oct 31, 1978

Plaintiffs presented proofs at trial before the jury which established that Mrs. Mitchell fell at the curb, within the lines of the crosswalk. Mrs. … The substance of his testimony clearly supported the conditions for immunity under N.J.S.A. 59:2-3(d).

Texas Department of Public Safety v. Robert Christopher Callaway

Texas Court of Appeals, 13th District · Oct 17, 2024

To establish a prima facie case of disability discrimination, a plaintiff must show: (1) he has a disability; (2) he was qualified for the job; and (3) he suffered an adverse employment action because of his disability. … Applicable Law To establish a prima facie case of disability discrimination, the plaintiff must show that he: (1) has a qualifying disability; (2) is qualified for the job; and (3) suffered an adverse employment

Conn Construction Co. v. Ohio Department of Transportation

14 Ohio App. 3d 90 · Ohio Court of Appeals · Dec 13, 1983

The fact that the referee did not thereafter make any “substantive” changes does not diminish the validity of the report or establish any prejudice to Conn. … The referee clearly has the authority to admit and exclude evidence. Civ.

City of Vinita Park Ex Rel. Board of Directors v. Girls Sheltercare, Inc.

664 S.W.2d 256 · Missouri Court of Appeals · Jan 10, 1984

In the instant case the leasing of the premises pursuant to the statutory authority for the county and juvenile court to establish a group home is a governmental function (use) and thereby immune from the City of Vinita Park … Louis County, 451 S.W.2d 107 (Mo.1970) establishes that St. Louis County can be immune from municipal regulation by zoning ordinances. In that case, St.

City of Cleveland v. Berger

91 Ohio App. 3d 102 · Ohio Court of Appeals · Oct 12, 1993

Berger has not established the applicability of preemption in this case. We overrule his sixth assignment of error. Berger also claims federal governmental immunity from prosecution. … Berger clearly had a beneficial interest in the operation of the apartment building.

Rakaric v. Croatian Cultural Club

76 A.D.2d 619 · Appellate Division of the Supreme Court of the State of New York · Aug 11, 1980

The conclusion, however, rests simply on the proposition that plaintiff has failed by her allegations to establish that the relationship to this State was sufficient to displace the normal rule that the lex loci delictus … .69 "In short, the immunity of charities is clearly in full retreat; and it may be predicted with some confidence that the end of the next two decades will see its virtual disappearance from American law. * * * " 67.

Evita Tolu v. James Reid, Ph.D., James Reid, Ph.D., LLC, Jennifer Webbe Van Luven, Fitzgibbons Psychological Associates, and Elaine Pudlowski

Missouri Court of Appeals · Dec 28, 2021

Edwards v, Gerstein, 237 8.W.3d 580, 381-82 (Mo, bane 2007) (holding that absolute quasi-judicial immunity was superseded by section 331,100.5, which extends qualified immunity to members of the Missouri Board of Chiropractic … Luven to provide reunification counseling for the children clearly establish that [Tolu] was not [] Van Luven's client or patient.

Joyce Kelley v. Pierce County, Mark Skagren & "jane Doe" Skagren

Court of Appeals of Washington · Feb 20, 2014

immunity to GALs in the past and ( 2) the face of Kelley' s complaint establishes that quasi-judicial immunity applies here. … complaint establishes that quasi-judicial immunity applies; and ( 3) Kelley' s previous protection order litigation establishes that quasi-judicial immunity applies. 3 We hold that Skagren is not entitled

Greenberg, M. v. McGraw, N.

2017 Pa. Super. 136 · Superior Court of Pennsylvania · May 5, 2017

An important element which must be established before this immunity can apply, however, is whether or not the actions (Footnote Continued Next Page) - 14 - J-A05022-17 was sued … Clearly such statements fit squarely within the absolute privilege….”).