Case law

Momah v. Bharti

144 Wash. App. 731 · Court of Appeals of Washington · Apr 28, 2008

Once the plaintiff has established a prima facie case of defamation, the defendant can raise either an absolute or qualified privilege to defend against liability for defamatory statements. See Bender v. … "An absolute privilege or immunity is said to absolve the defendant of all liability for defamatory statements . . .

Silverman v. Clark

35 A.D.3d 1 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 2006

It is well established that even if a statement is defamatory, a qualified privilege exists where the communication is made to persons who share a common interest in the subject matter (Foster v Churchill, 87 NY2d 744, 751 … Accordingly, we hold that no qualified privilege exists as a matter of law.

Maria Theresa Nunez, Individually and on Behalf of the Estate of Ignacio Nunez, and Elizabeth Reyther as Next Friend of Jared Nunez, a Minor v. City of Sansom Park, Texas

Texas Court of Appeals, 2nd District (Fort Worth) · Jun 29, 2006

Cowan clearly held that the triggering governmental “use” of personal property had to be just that; “section 101.021(2) waives immunity for a use of personal property only when the governmental unit is itself the user.” 128 … As in Cowan , merely providing personal property for use by someone else is insufficient to establish the statutory waiver of immunity. See id .; Cowan, 128 S.W.3d at 246 .

Harris v. Hilderbrand

191 N.E.3d 1143 · Ohio Court of Appeals · May 9, 2022

may be asserted to establish nonliability: *** (6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division or sections … Without determining if that was proper, it was clearly not timely.

Donna Harmon v. Texas Southern University

Texas Court of Appeals, 14th District (Houston) · Jun 15, 2023

Standards of Review As a state university, TSU is immune from suit absent an express waiver of governmental immunity. Tex. S. Univ. v. Pepper Lawson Horizon Int’l Grp., LLC, 634 S.W.3d 428, 435 (Tex. App. … The Texas Legislature has created a limited waiver of immunity for claims properly brought under Labor Code chapter 21. Mission Consol. I.S.D. v.

McSwain v. System Energy Resources, Inc.

97 So. 3d 102 · Court of Appeals of Mississippi · Aug 14, 2012

McSwain was a journeyman carpenter, a specific union craft S & W used to ensure its employees were qualified. Carpentry is not part of EOI’s regular business, and EOI did not employ any carpenters for normal operations. … To establish negligence under Mississippi law, McSwain must prove EOI owed a duty to him, and it breached that duty. Tucker, 743 So.2d at 315 (¶ 23).

Gruner v. Barber

207 Cal. App. 2d 54 · California Court of Appeal · Aug 20, 1962

Claimed Immunity Lastly, immunity is claimed by defendant because he performed his contract according to the plans and specifications furnished by the public agency employing him. … The general rule indicated by the cases relied upon clearly shows that: “One who contracts with a public body for the performance of public work is entitled to share the immunity of the public from liability for incidental

Harris County v. Gibbons

150 S.W.3d 877 · Texas Court of Appeals, 14th District (Houston) · Nov 18, 2004

Clearly, the statute does not address whether Barber’s actions brought him within the scope of employment. … If a public official is entitled to official immunity, the employer is also granted immunity. DeWitt v. Harris County, 904 S.W.2d 650, 653 (Tex.1995).

Larry Medlin Scroggs v. State

396 S.W.3d 1 · Texas Court of Appeals, 7th District (Amarillo) · May 19, 2010

Assuming, without deciding, that the immunity provided by § 261.106 would extend to the felonious actions shown by the evidence here, 9 the evidence did not conclusively establish appellants’ entitlement to immunity. … Failure to Instruct on Immunity Defense Appellants next argue that if immunity was not established as a matter of law the trial court erred by refusing a requested jury instruction on immunity.

John Charles Alexander AKA Bobby Ray Miller v. State

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. Code Ann.

Davis v. Cherokee Nation Enterprises

76 O.B.A.J. 40 · Court of Civil Appeals of Oklahoma · May 25, 2004

Employer argued it was immune from litigation, absent an express waiver of sovereign immunity by the tribe or Congressional action permitting the suit. … Sanders, No. 99,485 at 8.09 ‘ {13 Based on the rationale set forth in Sanders, and after examination of the record presented, including the policy of insurance, this Court finds the workers' compensation court clearly erred

Frapaul Constr. Co. v. Transportation Dep't of NJ

175 N.J. Super. 84 · New Jersey Superior Court Appellate Division · Jul 17, 1980

Prior to 1970 the State was protected from actions in contract and tort by sovereign immunity. In 1970, however, the Supreme Court abolished the common law sovereign immunity of the State in contract actions. … NOTES [1] Report of the Attorney General's Task Force on Sovereign Immunity, (May 1972). The report addressed waiver of sovereign immunity in both tort and contract.

Jackson v. Dackman Co.

181 Md. App. 546 · Court of Special Appeals of Maryland · Sep 10, 2008

Appellees did not fully comply with the Statute and, thus, are not entitled to qualified immunity. … Appellants are clearly mistaken, as this Court has previously held “that violations of the Consumer Protection Act are in the nature of a tort action.” MarryCLE, *584 LLC v.

Frank v. Toledo Hospital

84 Ohio App. 3d 610 · Ohio Court of Appeals · Dec 30, 1992

In accordance therewith, appellees offered appellant an immunization; however, she refused it because of an anticipated pregnancy and the potential danger of damage to the fetus from the immunization. … In the second week of September, appellant confirmed that she was pregnant and could not receive the immunization.

Lionel 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.

Chilutti, S. v. Uber Technologies, Inc.

300 A.3d 430 · Superior Court of Pennsylvania · Jul 19, 2023

There must be evidence sufficient to establish the parties’ consent to arbitration. … Because sovereign immunity protects government entities from a lawsuit itself, the Court concluded that a sovereign immunity defense is irreparably lost if appellate review of an adverse decision on sovereign immunity

Ryals v. City of Philadelphia

848 A.2d 1101 · Commonwealth Court of Pennsylvania · May 7, 2004

In this case, the z-bricks and concrete headers clearly established the path for pedestrian egress across the highway, just as the painted crosswalk did in Glenn , thereby serving the express dual purposes, of “guiding pedestrians … The crosswalk in question falls within this language and clearly acts to regulate traffic.

Jennifer Jo Dare Medlin v. Andrew Allen Miller

Court of Appeals of Washington · Jun 16, 2026

But it is “ ‘well established that the privilege protects against real dangers, not remote and speculative possibilities.’ ” Seventh Elect Church in Israel v. Rogers, 34 Wn. … For the foregoing reasons, I respectfully concur in the result reached by the majority but write separately to express my view that we should clearly disavow the portion of Flannery holding 11 It is arguably unlikely

Fort Bend Independent School District v. Christopher Moore

Texas Court of Appeals, 14th District (Houston) · Dec 31, 2020

from suit absent an express waiver of governmental immunity. … Garcia, 253 S.W.3d 653, 660 (Tex. 2008) (chapter 21 “clearly and unambiguously waives immunity”).

Avnet, Inc. v. Department of Revenue

187 Wash. App. 427 · Court of Appeals of Washington · Apr 28, 2015

The Court soundly rejected this immunity in Complete Auto Transit, expressly overruling precedents to the contrary. 430 U.S. at *446 288-89 . … Avnet further asserts that delivery by common carrier into the taxing state does not qualify as in-state activity for purposes of substantial nexus.