Case law

Prejean v. Maintenance Enterprises, Inc.

2008 La.App. 4 Cir. 0364 · Louisiana Court of Appeal · Mar 25, 2009

The contractual language is clearly and unambiguously regulating the rights and responsibilities of the statutory and direct employers as between themselves, which is permissible. … Unlike the instant case, the contract in Smith did not establish a payment regime to the injured worker which is contrary to law.

Dixon v. Holden

923 S.W.2d 370 · Missouri Court of Appeals · Mar 12, 1996

Kirby, Note, Qualified Immunity For Civil Rights Violations: Refining The Standard, 75 CORNELL L.Rev. 462, 486 (1990). The narrow question is most readily answered. … SOVEREIGN IMMUNITY The respondents argue that the present suit violates sovereign immunity.

Raul Trevino Lara Jr. v. State

Texas Court of Appeals, 13th District · Dec 3, 2015

Furthermore, merely being granted transactional immunity does not automatically establish that party as an accomplice witness. See Moulton v. State, 508 S.W.2d 833, 836 (Tex. Crim. … Their presence in the car is not enough to qualify as accomplices. See Paredes, 129 S.W.3d at 536.

Jamgotchian v. Slender

170 Cal. App. 4th 1384 · California Court of Appeal · Feb 9, 2009

“On the other hand, we have concluded that the discretionary act statute does immunize officials and agencies against claims that they unreasonably delayed regulations under which a murdered security guard might have qualified … The undisputed facts do not establish that Slender was entitled to the protection of quasi-judicial immunity if he committed a trespass to chattels. III.

Commonwealth v. Johnson

419 Pa. Super. 625 · Superior Court of Pennsylvania · Oct 22, 1992

This establishment was owned by the defendant, Joseph D’Amato, who suspected Mr. … Immunity Agreement, June 16, 1986, Record at 11. This agreement contemplated immunity as to any testimony or information gathered after the grant of immunity.

Benoit v. City of Lake Charles

907 So. 2d 931 · Louisiana Court of Appeal · Jul 20, 2005

His testimony establishes that the park has both soccer and baseball fields open to the public. … Considering these established facts, we conclude that La.R.S. 9:2795 is applicable to the City.

State v. City of Galveston

175 S.W.3d 1 · Texas Court of Appeals, 1st District (Houston) · Sep 10, 2004

And, the Legislature knows how to clearly and unambiguously waive sovereign immunity from suit. … PRAC. & REM.CODE ANN. § 101.021 (establishing waiver of immunity from liability by providing, "A governmental unit ... is liable for: [enumerated acts].").

Ives v. State

993 So. 2d 117 · District Court of Appeal of Florida · Oct 22, 2008

Several appellate decisions have suggested that errors in the procedures used to establish a defendant qualifies for enhanced sentencing, while not cognizable in a rule 3.800(a) motion, "must be" raised in a rule 3.850 motion … Because the state would be permitted to properly establish the release date should resentencing be required, Ives is not prejudiced by the procedural deficiency unless he does not in fact qualify for the PRR sanction.

Bagheri v. Montgomery County

180 Md. App. 93 · Court of Special Appeals of Maryland · May 6, 2008

ANALYSIS It is established Maryland common law that [a] “local governmental entity is liable for its torts if the tortious conduct occurs while the entity is acting in a private or proprietary capacity, but, unless its immunity … Clearly, the City would have been liable to suit if its negligent maintenance of the driveway had led to the injury of the truck drivers who used it to pick up trash and *100 garbage from the rear of the school, of the operators

University of Houston Main Campus v. Steve Simons

Texas Court of Appeals, 1st District (Houston) · Oct 24, 2002

Generally, a party seeking redress for breach of contract can establish legislative consent to sue by bringing suit under a special statute or obtaining a legislative resolution. Little Tex , 39 S.W.3d at 596 ; see Tex. … Neither the DTPA nor the Debt Collection Act clearly and unambiguously provides for a waiver of immunity from suit for governmental units.

John Klumb, Veronica McClelland, Vivian Montejano, John Gonzalez, Anita Robles, Charmaine Pilgrim, and the City of Houston v. Houston Municipal Employees Pension System, Barbara Chellette, David L. Long, Leonard Polk, Roy Sanchez, and Lonnie Vara

Texas Court of Appeals, 1st District (Houston) · May 23, 2013

Article 6243h of the Texas Revised Civil Statutes established HMEPS. See TEX. REV. CIV. STAT. … To qualify as a “governmental plan” under 26 U.S.C. § 401(a), the plan must be established and maintained for the employees of a political subdivision of a state or its agencies or instrumentalities.

McDaniel v. Welsh

234 So. 2d 833 · Louisiana Court of Appeal · Apr 13, 1970

The record does not establish the precise cause of the light's failure. … The burden is on plaintiff to establish his case by a preponderance of evidence.

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).

Tosado v. Miller

293 Ill. App. 3d 544 · Appellate Court of Illinois · Dec 2, 1997

Section 8-101 of the Tort Immunity Act clearly provides that local governmental units and their employees are not subject to suit beyond a one-year period. … It is well-established in Illinois that if there are two statutory provisions, one general and the other particular, the particular provision must prevail.

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.”

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.

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.

Southeastern Pennsylvania Transportation Authority v. Union Switch & Signal, Inc.

161 Pa. Commw. 400 · Commonwealth Court of Pennsylvania · Jan 14, 1994

It stated: Clearly, PAT may claim sovereign immunity if it is a “commonwealth party.” A “commonwealth party” is defined in 42 Pa.C.S. § 8501 as “[a] Commonwealth agency and an employee thereof ...” … The Board of Claims was established by the General Assembly to hear contract claims brought against the state.

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 v. Davis

237 Or. App. 351 · Court of Appeals of Oregon · Sep 22, 2010

A well-established and unambiguous body of Supreme Court precedent establishes the framework for adjudicating the Article I, section 20, issue in this case. … A state agency director presented with more qualified applicants than positions could hire only white people because there is no law that entitles a qualified applicant to a scarce employment opportunity.