Case law

Montag v. Board of Education

112 Ill. App. 3d 1039 · Appellate Court of Illinois · Mar 4, 1983

Kaneland Community Unit District No. 302 (1959), 18 Ill. 2d 11 , in abolishing the tort immunity of school districts, established a right to an action in negligence. … Stat. 1967, ch. 122, pars. 27 — 5 to 27 — 7), the classes in which [the plaintiffs] were injured are clearly ‘activities connected with the school program.’ ” ( 63 Ill. 2d 165, 172 .)

Coca-Cola Co. v. Nicks

215 Ga. App. 381 · Court of Appeals of Georgia · Nov 18, 1994

The record clearly establishes that Nicks was a borrowed servant at the time of her injury. … As an employer and not merely the owner of the property on which Nicks was injured, Coca-Cola is entitled to tort immunity.

Chilton v. Center for Biological Diversity, Inc.

214 Ariz. 47 · Court of Appeals of Arizona · Dec 6, 2006

¶14 We need not decide whether an absolute or qualified privilege applies here. … London, 141 Ariz. 609, 614-15, 688 P.2d 617, 622-23 (1984) (no absolute immunity for statements by lawyers to reporter outside of judicial proceeding); Alarcon, 212 Ariz. 315, ¶ 22, 131 P.3d at 491-92 (“[A]bsolute immunity

Schweikart v. Sandy Hook Reservation Authority

92 N.J. Super. 508 · New Jersey Superior Court Appellate Division · Nov 14, 1966

The act created and established in the State Department of Conservation and Economic Development a body corporate and politic, to be known as the Sandy Hook Reservation Authority, which was to acquire, construct, develop, … Clearly, the Department’s operation of the park is the alternative to operation by the Authority contemplated when the Legislature included N. J. 8. A. 13 :15 — 16 in the Sandy Hook Reservation Authority Act.

Blocker v. City of Philadelphia

729 A.2d 187 · Commonwealth Court of Pennsylvania · May 5, 1999

This is true because, were the bleacher so attached, she would clearly be able to pursue her claim. While in DeRitis v. … However, such a legal determination must be based on established facts of record.

Horneyer v. City of Springfield

98 S.W.3d 637 · Missouri Court of Appeals · Feb 5, 2003

Under longstanding Missouri law, a city is not immune for neglect or breach of a ministerial duty, whereas, it is generally immune from suit in its performance of governmental duties. See Metz v. … If the existence of a duty is established, it is not a duty to protect against every possible injury that might occur. Id.

Robert Jackson v. Texas Southern University-Thurgood Marshall School of Law, J. Faith Jackson, Individually and as Employee and McKen Carrington, Individually and as Employee

Texas Court of Appeals, 14th District (Houston) · Jun 12, 2007

Standard of Review The defendants stated three grounds for dismissal of the due process claims C sovereign immunity as to TSU and as to the defendants in their official capacities, qualified immunity as to the defendants … The sentence he cites in the motion for summary judgment clearly means to say only that the administration never formally charged him with cheating, since the following sentence in the motion discusses the fact that Professor

Trisa Crutcher A/K/A Trisa St. Clair v. City of Fort Worth

Texas Court of Appeals, 5th District (Dallas) · May 15, 2023

The City argued Crutcher had not sufficiently alleged an adverse personnel action; it claimed the April 7, 2020 disciplinary action was barred by limitations and the first administrative leave did not qualify as an adverse … The City contends the original petition does not establish a violation of the Act and therefore immunity was not waived. The trial court signed an order vacating the amended scheduling order on May 2, 2022.

Sanders v. City of Belle Glade

12 Fla. L. Weekly 1611 · District Court of Appeal of Florida · Jul 1, 1987

It is so well established as to need no citation of authority that defaults are not favored; rather determination of controversies on their merits is favored. … However, the City's motions for summary judgment were supported by affidavits that clearly showed the arresting officers were as surprised as was Sanders when a woman ran by the officers who were escorting Sanders to the

Jones v. City of Burlington

58 N.C. App. 193 · Court of Appeals of North Carolina · Jul 6, 1982

The burden of proving governmental immunity rests with the party asserting such defense. … We have reviewed the findings of fact made by the trial court and find that they clearly support its conclusion that defendant was negligent and that plaintiff was injured as a result of that negligence: The court finds from

American Catalog Mailers Assn. v. Department of Taxation & Fin.

2026 NY Slip Op 02908 · Appellate Division of the Supreme Court of the State of New York · May 7, 2026

The statute [*3] "was designed to define clearly a lower limit for [a state's] exercise of [its taxing] power," and "[c]larity that would remove uncertainty was Congress' primary goal" ( Heublein, Inc. v South Carolina Tax … Consistent with that purpose, the statute establishes a functional standard for immunity — activities that are solely solicitation — that must be applied across a wide range of business practices ( see Wisconsin Dept. of

Mosley v. Southeastern Pennsylvania Transportation Authority

842 A.2d 473 · Commonwealth Court of Pennsylvania · Dec 3, 2003

The Commonwealth and its agencies enjoy sovereign immunity and remain immune from suit, except where the Legislature specifically waives the immunity. Section 8521 of the Judicial Code, 42 Pa. C.S. § 8521. … Mosley failed to establish that her cause of action falls within the motor vehicle exception to sovereign immunity. Accordingly, the trial court did not err in entering summary judgment in favor of SEPTA.

McDonald v. Lacy

2018 Ohio 2753 · Ohio Court of Appeals · Jul 13, 2018

R.C. 2744.03(A) “prescribes defenses or immunities that an employee of a political subdivision may assert to establish nonliability in a civil … “These are rigorous standards,” the Court has said, “that will in most circumstances be difficult to establish * * *.”

Department of Revenue v. Skop

383 So. 2d 678 · District Court of Appeal of Florida · Apr 16, 1980

We must therefore determine if the administrative construction of the statute is clearly erroneous or unauthorized, because if not, then this publication clearly does not qualify for the exemption and is taxable. … (d) It must have been entered or qualified to be admitted and entered as second class mail matter at a post office in the county where established.

Howard v. Georgia Pacific Corp.

583 So. 2d 55 · Louisiana Court of Appeal · Jun 19, 1991

After reviewing the evidence and testimony, the trial court found it was clearly established that plaintiff was the employee of Miller Logging and was injured while performing work within the scope of his employment on Georgia … The Legislature granted tort immunity to the principal for the first time in 1976 by amending La.R.S. 23:1032, the section which originally granted tort immunity to the direct employer.

Sanders v. Hatcher

341 S.W.3d 762 · Missouri Court of Appeals · May 24, 2011

Clearly, however, Hatcher was the prevailing party at the circuit court level on the health insurance issue. … paternity, or to establish, modify or enforce a child support obligation. § 454.445.

S. Unique, Ltd. v. Gila River Pima-Maricopa Indian Community

138 Ariz. 378 · Court of Appeals of Arizona · Sep 8, 1983

Accordingly, we find that GRF cannot be sued as an independent party, since any claim against GRF must be established in a suit against the Community. … We find that the “sue and be sued” clause contained in the Corporate Charter has application only to transactions where the Indian Corporation is clearly acting in its ca *385 pacity as a business corporation pursuant to

Foy v. Foy

69 N.C. App. 213 · Court of Appeals of North Carolina · Jun 19, 1984

The evidence establishes beyond peradventure that defendant has at all times since April, 1977, rendered services to the company which were essential to its operation, and for which defendant could have demanded direct and … Nor does it grant defendant permanent immunity from enforcement of his contrac *217 tual and legal obligations. The assignment of error is without merit.

Fouchaux v. Board of Commissioners

65 So. 2d 430 · Louisiana Court of Appeal · May 25, 1953

The Supreme Court, in considering the petition in connection with that suit containing the identical allegations of fact which are ..enumerated in the petition now before us, clearly held that the petition did not state a … Crawford, 213 La. 433 , 49 So.2d 751, 754 , referring to Articles 2286 and 3556 of the LSA-Civil Code, said: “In the interpretation of these codal provisions the following jurisprudence has evolved and become firmly established

Valdez-Zontek v. Eastmont School District

154 Wash. App. 147 · Court of Appeals of Washington · Jan 12, 2010

facie case of defamation, the defendant can assert either an absolute or a qualified privilege to defend against liability for defamatory statements. … RCW 4.24.510 Immunity ¶48 The issue is whether the District is immune from liability under RCW 4.24.510 for Ms. Jagla’s statement to the auditor (Mr. Renick) that Ms. Valdez-Zontek was having an affair with Mr.