Case law
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Woods v. Moses Cone Health System
198 N.C. App. 120 · Court of Appeals of North Carolina · Jul 7, 2009
The duties of the Committee shall be to: (1) work in cooperation with the Service Chief or Section Chair to establish effective systems for monitoring and evaluating the care rendered by the Service or Section and identify … from discovery *128 under § 95 do not, however, lose their immunity because they were transmitted” to persons outside the medical review committee.
Cited 7 timesPublishedCourt of Appeals of Georgia · Oct 31, 2019
App. 607, 609 (2) (794 SE2d 262) (2016) (“For an employer to be held liable for negligent supervision, there must be sufficient evidence to establish that the employer reasonably knew or should have known of an employee’s … The general purpose of the charitable immunity doctrine is that a qualifying organization’s charitable assets should not be depleted by subjection to liability for negligence and that it would be against public
Cited 0 timesPublished180 Md. App. 639 · Court of Special Appeals of Maryland · Jul 2, 2008
Cline, 384 Md. 245 , 863 A.2d 297 (2004), the Court was called upon to decide whether “the Maryland Tort Claims Act grants qualified immunity to state personnel for tortious ads or omissions, within the scope of the state … The Lee Court said: While this Court has not, until today, directly decided whether intentional torts and constitutional torts are covered by the Maryland Tort Claims Act, thereby granting state personnel qualified immunity
Cited 9 timesPublishedTexas Court of Appeals, 15th District · Mar 10, 2025
Turnbull Has Established Standing. … believed it necessary to clearly provide immunity to Appellees, the Legislature would have done so at any point over the last 85 years of the State Bar Act’s reign.
Cited 0 timesPublishedFoster v. UPMC South Side Hospital
2010 Pa. Super. 143 · Superior Court of Pennsylvania · Aug 6, 2010
In order to qualify for this immunity, a professional review action must be taken- *661 (1) in the reasonable belief that the action was in the furtherance of quality health care, (2) after a reasonable effort to obtain the … Hence, we affirm the trial court’s application of the immunity provided by the Act.
Cited 53 timesPublishedKlaus v. Alameda-Contra Costa Medical Ass'n Blood Bank, Inc.
62 Cal. App. 3d 417 · California Court of Appeal · Sep 30, 1976
We conclude that the immunity from liability on this basis which was established by the Legislature in Health and Safety Code section 1606 must be applied to blood banks as it has already been applied to hospitals in Shepard … This policy is promoted equally by the immunity of blood banks and hospitals from suit on the basis of strict liability.
Cited 2 timesPublished99 Conn. App. 795 · Connecticut Appellate Court · Mar 6, 2007
The court stated that a proposed witness, a fellow engineer at the same office as the hospitalized engineer who made the report, was not qualified to testify as to the medical condition of the author of the report. … In this case, insufficient evidence was offered to establish the predicate for admission, namely, that the professional engineer was physically disabled “to such an extent that such person is no longer actively engaged in
Cited 8 timesPublishedLong v. Cross Reporting Service, Inc.
103 S.W.3d 249 · Missouri Court of Appeals · Feb 25, 2003
After reviewing the well-established case law on this issue, we must answer that question in the negative. The United States Supreme Court, in Pierson v. … Ray, discussed the doctrine of judicial immunity in the following passage: Few doctrines were more solidly established at common law than the immunity of judges from liability for acts committed within their judicial jurisdiction
Cited 9 timesPublished191 So. 2d 727 · Louisiana Court of Appeal · Oct 31, 1966
The protection and immunity so claimed is a qualified or conditional privilege, the immunity gained therefrom being conditioned upon good motives and reasonable behavior. … The immunity does extend to "fair" comment or criticism on matters of public interest or concern.
Cited 8 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 19, 2000
Sovereign Immunity 11 The Board also argues that the doctrine of sovereign immunity prevents the district court from exercising jurisdiction. … closing of qualified student loan bonds by each issuer.
Cited 0 timesPublishedTexas Court of Appeals, 15th District · Dec 18, 2025
By challenging a governmental unit’s assertion of immunity, a plaintiff 7 generally overcomes a governmental unit’s immunity defense by demonstrating that the Legislature has clearly … Carson argues she established a waiver of immunity through the UDJA and the APA. A.
Cited 0 timesPublished38 Va. App. 27 · Court of Appeals of Virginia · Apr 2, 2002
Jones, an expert qualified to testify regarding drug distribution, testified that the items found on Toliver's person were not consistent with personal drug use. … Commonwealth argues that the legislature intended no such geographical limitation on the terms of the statute and that reading into the statute such a limitation is "patently ridiculous" and would create a "right to flight," immunizing
Cited 10 timesPublishedLionel Hernandez v. San Benito Consolidated Independent School District
Texas Court of Appeals, 13th District · Sep 24, 2020
A plaintiff has the burden to affirmatively demonstrate the trial court’s jurisdiction, which encompasses the burden of establishing a waiver of a governmental entity’s immunity from suit. Town of Shady Shores v. … If the Legislature had intended to also waive a school district’s immunity from a claim arising out of the operation or use of motor-driven equipment, then it would have clearly and unambiguously said so. See TEX.
Cited 0 timesPublished239 Or. App. 553 · Court of Appeals of Oregon · Dec 15, 2010
Statutory obligations of governments can become contractual in nature when the statute clearly announces that the obligation is immune from statutory change. The court observed in Campbell et al. v. … It is also equally well established that the intention of the legislature thus to create contractual obligations, resulting in extinguishment to a certain extent of governmental powers, must clearly and unmistakably appear
Cited 0 timesPublished6 Conn. App. 309 · Connecticut Appellate Court · Feb 25, 1986
“The distinction between governmental and nongovernmental functions was clearly stated in Winchester v. … Whether the elements necessary to establish a claim of nuisance have been proven is, as the plaintiff claims, a question of fact which is ordinarily determined by the trier of fact. Filisko v.
Cited 111 timesPublished217 Cal. App. 3d 838 · California Court of Appeal · Jan 30, 1990
Rather, by their terms Penal Code sections 847 and 836 relieve peace officers of liability so long as reasonable cause for arrest has been established. No other condition is placed upon the statutory immunity. … Briggs (1986) 475 U.S. 335 [ 89 L.Ed.2d 271 , 106 S.Ct. 1092 ], In that case the United States Supreme Court held that an officer had only qualified immunity in seeking an arrest warrant.
Cited 14 timesPublishedTexas Court of Appeals, 15th District · Aug 29, 2025
By challenging a governmental unit’s assertion of immunity, a plaintiff generally overcomes a governmental unit’s immunity defense by demonstrating that the Legislature has clearly and unambiguously waived immunity. … Carson argues she established a waiver of immunity through the UDJA and the APA. A.
Cited 0 timesPublishedMichael Whittaker v. State of Indiana
33 N.E.3d 1063 · Indiana Court of Appeals · May 20, 2015
[10] Five years after establishing the two-step analysis in Collins, our Supreme Court again dealt with Section 23 in Rondon v. State, 711 N.E.2d 506 (Ind. 1999). … [11] Similarly, we need not discuss whether Indiana Code section 1-1-5.5-21 passes the first prong of the Collins analysis because it clearly fails on the second prong.
Cited 3 timesPublishedBeaver v. Coatesville Area School District
845 A.2d 955 · Commonwealth Court of Pennsylvania · Mar 26, 2004
“Preliminary objections in the nature of a demurrer *958 should be'sustained only where the pleadings are clearly insufficient to establish a right to relief. … As we stated above, we agree with Appellants that the facts as set forth in the complaint do not establish that Appellant was an employee of an independent contractor.
Cited 4 timesPublishedAdrian Robinson v. Dwight Brannon And Lynetta Freeman A/K/A Lennetta Freeman
Texas Court of Appeals, 14th District (Houston) · May 20, 2010
Accordingly, immunity afforded by this statute requires that the person asserting immunity establish that (1) he or she is a professional employee of a school district, (2) he or she is acting incident to or within the scope … Section 22.0517 clearly provides that “the employee (party) is entitled to recover” if he or she is found to be immune from liability. See id.
Cited 0 timesPublished
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