Case law

Mosk v. Summerland Spiritualist Assn.

225 Cal. App. 2d 376 · California Court of Appeal · Mar 9, 1964

It seems to us that property held under a charitable trust would have the same immunity. … that privity of estate between Worsley and Naomi existed which is required to establish tacking.

McIntosh v. De Filippo

281 N.J. Super. 171 · New Jersey Superior Court Appellate Division · Apr 21, 1995

Our Workers' Compensation Act, N.J.S.A. 34:15-1 et seq., establishes a no-fault compensation system for employees who are injured while working for their employer. … If they were, De Filippo would be immune from suit by virtue of the fellow-employee tort immunity provided by N.J.S.A. 34:15-8, as the trial court found.

Coleman v. Edison Tp.

95 N.J. Super. 600 · New Jersey Superior Court Appellate Division · Jul 3, 1967

The municipality pleaded its statutory immunity under R.S. 40:9-2 as a complete defense. … (Italics ours) The words "in connection therewith" clearly have reference to "public swimming pools."

Passaic County Bar Ass'n v. Hughes

108 N.J. Super. 161 · New Jersey Superior Court Appellate Division · Dec 22, 1969

The Governor, after exhaustive consultation and careful consideration, *172 sends to the Senate the name of the individual he deems most qualified by temperament and professional ability to occupy that judgeship. … In asserting and exercising its right to review, the court did no more than establish the exclusive nature of the particular qualifications for membership in the House that the Constitution enumerated.

Commonwealth v. Jones

73 Ky. 725 · Court of Appeals of Kentucky · Apr 7, 1874

.: “ If any person shall usurp any office established by the constitution or laws of this commonwealth, or shall knowingly hold or pretend to exercise such office after his election or appointment thereto shall have been … The pardon he is here authorized to grant is intended to, and does of itself, restore the forfeited rights, privileges, and immunities.

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

Andrea Arnold v. Randy Addison

Texas Court of Appeals, 5th District (Dallas) · Dec 17, 2021

At the time, the Association was governed by a Declaration of Covenants, Conditions, and Restrictions established in 1995 (1995 DCCRs) and bylaws established in 2004 (2004 Bylaws). … not move for summary judgment on and did not present evidence conclusively establishing their immunity defense.

Landry's Crab Shack, Inc. D/B/A Joe's Crab Shack v. the Board of Regents, Texas State University System And Southwest Texas State University

Texas Court of Appeals, 3rd District (Austin) · Oct 18, 2001

Sovereign immunity consists of two elements--immunity from suit and immunity from liability. Federal Sign , 951 S.W.2d at 405 ; Bates v. Texas St. Tech. College , 983 S.W.2d 821, 827 (Tex. App.--Waco 1998, pet. denied). … The University did not file special exceptions to require Landry's to replead its claims for equitable relief more clearly or specifically, and we cannot say from the record that Landry's would be unable to replead those

Ross v. Consumers Power Co.

93 Mich. App. 687 · Michigan Court of Appeals · Nov 19, 1979

We are not unmindful of the fact that the Legislature has provided for the establishment and operation of. drainage districts, see MCL 280.51 et seq.; MSA 11.1051 et seq., nor *698 are we unaware of the fact that a drainage … It is in this area that the interests of the individual most clearly outweigh the need to protect government from liability, and accordingly, when its activities fall into this category, we should not hesitate to hold government

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

Edward Lamont Hicks v. State of Florida

District Court of Appeal of Florida · Aug 23, 2019

immunity, the prosecution is over. … proof used at the immunity hearing.

Boyle v. BD. OF SUP'RS OF LA. STATE UNIV. & AGRIC. & MECHANICAL COLLEGE

672 So. 2d 254 · Louisiana Court of Appeal · Jun 28, 1996

that the finding is clearly wrong (manifestly erroneous). … Neither ... qualified as such and neither... had any training or background in safety engineering or as to what constitutes a hazard on a sidewalk....

Rebeca Garcia v. the City of Austin

Texas Court of Appeals, 14th District (Houston) · Mar 28, 2024

ANALYSIS2 In two issues Garcia asserts (1) the trial court erred in granting the City’s plea to the jurisdiction; and (2) the City did not meet its burden to establish governmental immunity. I. … The specific conduct—shooting Ramos—was clearly intentional.

Husak v. Berkel, Inc.

234 Pa. Super. 452 · Superior Court of Pennsylvania · Jun 24, 1975

Payne, 217 Pa. 252, 262 , 66 A. 553, 557 (1907)]; (3) such contracts must be construed against the party seeking immunity from liability under their provision; (4) the burden of establishing the immunity is upon the party … As a result of these considerations, we find that the additional defendant SCM did not prove, clearly and without doubt, that it has divested itself of all liability in the claim brought by the plaintiff John A.

Carter v. Du Page County Sheriff

Appellate Court of Illinois · May 12, 1999

Plaintiff contends that the Tort Immunity Act does not apply because (1) the standard of care established in sections 11-205 and 11-907 of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/11-205, 11-907 (West 1996)) supercedes … This argument is clearly erroneous for two reasons. First, and most disturbingly, the language counsel relies upon and quotes at length comes, not from the court's opinion, but from a special concurring opinion.

State Ex Rel. Tennill v. Roper

965 S.W.2d 945 · Missouri Court of Appeals · Mar 31, 1998

“To determine whether the right to mandamus is clearly established and presently existing, the court examines the statute under which the relator claims the right.” State ex rel. Dehn v. … Respondent contends that Sunderbruch qualifies as a peer review committee under subsection (4).

Devogelear v. Dart

2025 IL App (1st) 231404 · Appellate Court of Illinois · Jun 26, 2025

Devogelear failed to support his claims with adequate factual allegations, that his claims were barred by the Tort Immunity Act, and that he failed to establish any constitutional violations. Mr. … Lisuzzo “may” report to the Standards Board any conduct the Sheriff’s Office deemed appropriate is clearly an exercise of discretion and a policy determination subject to section 2-201 immunity. Second, Mr.

Riggins v. City of St. Marys

264 Ga. App. 95 · Court of Appeals of Georgia · Nov 13, 2003

The city properly points out that “[t]o establish proximate cause, a plaintiff must show a legally attributable causal connection between the defendant’s conduct and the alleged injury. … But we must reach this question to determine whether the city is immune from suit with respect to Riggins’s negligence claim.

City of Charlestown, Indiana v. Charlestown Pleasant Ridge Neighborhood Association Corporation, Joshua Craven, Tina Barnes, David and Ellen Keith, and Bolder Properties, LLC

111 N.E.3d 199 · Indiana Court of Appeals · Sep 10, 2018

[7] In February 2016, the City Council enacted an ordinance that established an inspection program. Appealed Order at 5 (#22). … that an injunction should issue without requiring the moving party to establish irreparable harm or greater injury.

Rauschan v. State Compensation Insurance Fund

80 Cal. App. 754 · California Court of Appeal · Jan 22, 1927

Municipal corporations enjoy their immunity from liability for torts only in so far as they partake of the state’s immunity, and only in the exercise of those governmental powers and duties imposed upon them as representing … They are only sovereign and only immune in so far as they represent the state. They have no sovereignty of their own, they are in no sense sovereign per se.