Case law

Citizens Property Ins. Corp. v. Calonge

District Court of Appeal of Florida · Apr 18, 2018

The Court specifically noted: Because qualified immunity of public officials involves immunity from suit rather than a mere defense to liability, we reasoned that immunity from suit is effectively lost … subject to interlocutory review, the qualified immunity of public officials is illusory and the very policy that animates the decision to afford such immunity is thwarted.

State v. King

502 N.E.2d 1366 · Indiana Court of Appeals · Jan 29, 1987

An attached, sworn affidavit showed that the employer of King and Karnes, Celebration, qualified as a resident wholesaler, importer or distributor of fireworks, and had been issued a fireworks certificate of compliance by … Supplier is clearly allowed to raise facts and points of law pursuant to IC 35-34-1-8; however, the kinds of factual issues which can be raised by a motion to dismiss are limited.

Manzo v. Petrella & Petrella & Associates, PC

261 Mich. App. 705 · Michigan Court of Appeals · May 4, 2004

Michigan requires all hospitals, even private entities like HFHS to establish peer review committees. … There are repeated references 1 in the text to assisting “the department,” which clearly reference a public entity, a governmental department or agency.

Bonita Odutayo D/B/A Samaritan Park & Ride, L.L.C. v. City of Houston

Texas Court of Appeals, 1st District (Houston) · Apr 18, 2013

“To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Consequently, immunity will bar an otherwise proper UDJA claim that has the effect of establishing a right to relief against the State for which the legislature has not waived immunity. Tex. Parks & Wildlife Dep’t v.

Michael Crispin v. Barton Malow Builders LLC

Michigan Court of Appeals · Apr 11, 2024

Where the proffered evidence fails to establish a genuine issue regarding any material fact, the moving party is entitled to judgment as a matter of law. … Section 611 requires that any employer subject to the WDCA secure payment of the required compensation by either obtaining authorization to act as a self-insurer or by purchasing a qualifying insurance policy.

Texas State University v. Dr. Kathleen Quinn

Texas Court of Appeals, 3rd District (Austin) · Oct 7, 2016

Quinn failed to demonstrate a waiver of TXST’s sovereign immunity under the Texas Commission on Human Rights Act (“TCHRA” or “Texas Labor Code”) because she did not establish a prima facie case of discrimination or retaliation … Quinn did not qualify for the job. (CR 202).

Nesti v. Vermont Agency of Transp.

Vermont Superior Court · Aug 20, 2019

immunity bars suits against the State unless immunity is expressly waived by statute.” … Plaintiff’s claims clearly allege a deliberate highway design decision by VTrans to “alter[] the flow of water so as to collect and funnel a large amount onto Plaintiff’s property.”

MATTHEW CHARLES CARDINALE v. MATT WESTMORELAND, IN HIS PERSONAL CAPACITY

Court of Appeals of Georgia · Mar 14, 2023

, also known as qualified immunity, affords limited protection to public officers and employees for discretionary actions taken within the scope of their official authority, and done without wilfulness, … Under our well-established rules of statutory construction, we presume that the General Assembly meant what it said and said what it meant.

Day v. THE FINLEY HOSP.

769 N.W.2d 898 · Court of Appeals of Iowa · May 29, 2009

Arnz was not properly qualified. During the course of discovery, the district court refused to allow Day to have access to records in Dr. … established in [the peer review confidentiality statute]”).

Bowman v. Kennedy

126 A.D.3d 1203 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2015

As to the City, it is well settled that "[a] municipality is accorded a qualified immunity from liability arising out of a highway planning decision, but may be held liable when its study of a traffic condition is plainly … Even where a municipality is not entitled to immunity, a plaintiff must still demonstrate that the alleged negligent design of the roadway was a proximate cause of the accident (see Atkinson v County of Oneida, 59 NY2d 840

Jilani ex rel. Jilani v. Jilani

747 S.W.2d 504 · Court of Appeals of Texas · Mar 16, 1988

was a good and useful one, the experience of the law would empirically establish the wisdom of that doctrine. … If the Court really feels that it is necessary and proper that changes should be made in the definition and extent of the doctrine of parental immunity, it is in a position to do so, and may do so in such a manner as to clearly

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.

Griffin v. ALLIS-CHALMERS CORP. TRUST

240 Or. App. 137 · Court of Appeals of Oregon · Dec 29, 2010

Union Carbide contended nonetheless that plaintiff failed to establish a causal connection between his exposure to asbestos and Union Carbide asbestos fibers. … We decline to extend the raw material supplier doctrine articulated in Hoyt to immunize Union Carbide from potential liability. Reversed and remanded.

Lake County Trust Co. v. Advisory Plan Commission

883 N.E.2d 124 · Indiana Court of Appeals · Mar 20, 2008

Findings will only be set aside if they are clearly erroneous. Yanoff, 688 N.E.2d at 1262 . “Findings are clearly erroneous only when the record contains no facts to support them either directly or by inference.” Id. … A judgment is clearly erroneous if it applies the wrong legal standard to properly found facts. Id.

City of Highland Park v. State Land Bank Authority

Michigan Court of Appeals · Feb 17, 2022

RELEVANT LEGAL PRINCIPLES AND STATUTES As explained by our Supreme Court, The rules of statutory construction are well established. … If the language of the statute is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.

Battle Ridge Cos. v. Dept. of Transp.

587 S.E.2d 426 · Court of Appeals of North Carolina · Nov 4, 2003

its immunity from suit. … We believe this statute clearly waives the Department's sovereign immunity.

Texas Workers' Compensation Commission v. City of Eagle Pass/Texas Municipal League Workers' Compensation Joint Insurance Fund And Capital Metro Transportation Authority/Texas Municipal League Workers' Compensation Joint Insurance Fund

Texas Court of Appeals, 3rd District (Austin) · Mar 9, 2000

While it is well established that sovereign immunity protects the federal government from state suits and vice versa, this immunity stems from the basic precept of federalism that the federal and several state governments … Read in its entirety, the Act clearly subjects political subdivisions to administrative penalties.

Deen v. Tampa Port Authority

201 So. 2d 755 · District Court of Appeal of Florida · Aug 18, 1967

In the Grable case, supra, this court, in an opinion by the late Judge Kanner, said: “It has been established that the declaratory judgment act may not be invoked unless there is a bona fide dispute between the adversaries … proceeding as being judicial in nature so as to bring it within the constitutional powers of the courts appear in the following excerpt: “ ‘Before any proceeding for declaratory relief should be entertained it should be clearly

Greene v. State, Dept. of Transp.

10 Fla. L. Weekly 609 · District Court of Appeal of Florida · Mar 7, 1985

It is well established that certain discretionary, judgmental, planning-level decisions on the part of a governmental entity are immune from suit under the doctrine of sovereign immunity. … To survive the process, the amended complaint must set forth additional ultimate facts regarding the alleged "known trap" and "hidden-dip" sufficient to establish more clearly the allegations of inherent danger, knowledge

Rogers v. City of Dayton, 21593, Unpublished Decision (2-16-2007)

2007 Ohio 673 · Ohio Court of Appeals · Feb 16, 2007

Therefore, Moreo arguably is immune from liability to Rogers. Unlike its employee, however, the City of Dayton does not have immunity from Rogers's action. See R.C. 2744.02 (B) (1 ), 2744.03(A). … set forth in R.C. 2744.05 (B) that establishes the result to which Judge Painter took offense in Safe Auto Ins.