Case law

McClatchy Newspapers, Inc. v. Superior Court

189 Cal. App. 3d 961 · California Court of Appeal · Feb 24, 1987

The threshold requirement that petitioners establish the absence of an adequate remedy at law has already been satisfied. … Clearly, petitioners had a substantial interest in a favorable resolution of their summary judgment motion.

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.

Michael J. v. Los Angeles County Department of Adoptions

201 Cal. App. 3d 859 · California Court of Appeal · May 31, 1988

Summary judgment is properly granted only when the evidence in support of the moving party establishes that there is no issue of fact to be tried. (Code Civ. Proc., § 437c; Lipson v. … “Unless the Legislature has clearly provided for immunity, the important societal goal of compensating injured parties for damages caused by willful or negligent acts must prevail.” (Ramos v.

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.

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.

Peters v. Herrin Community School District No. 4

Appellate Court of Illinois · May 19, 2010

In the instant case, plaintiff pleaded sufficient facts to establish a duty under section 3-102(a) for the School District to protect Gene Peters. … The Illinois Supreme Court has clearly stated that there is recreational school property and nonrecreational school property. Bubb v.

Evans v. Shawnee Twp. Bd. of Trustees

2021 Ohio 1003 · Ohio Court of Appeals · Mar 29, 2021

Importantly, the General Assembly clearly and unambiguously did not intend for R.C. 2921.42(A)(1) to recognize a wrongful-discharge tort in employment law. … “R.C. 2744.03(A)(6) establishes the framework of analysis for determining whether a political subdivision employee is entitled to immunity.” Id. at ¶ 38.

John Doe v. Board of Directors of the State Bar of Texas Commission for Lawyer Discipline And Linda Acevedo, in Her Official Capacity as the Chief Disciplinary Counsel of the State Bar of Texas

Texas Court of Appeals, 3rd District (Austin) · Sep 24, 2015

, and it requires a plaintiff to establish his or her right to declaratory relief in order to establish jurisdiction. … This Court’s prior holdings treat the constitutional provisions as waivers of immunity and require that the plaintiff plead a valid cause of action thereunder in order to establish immunity.

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

Dennis Hutchinson v. the Estate of Millard Caleb Skeens by and Through Its Administrator, Stanley Skeens

Court of Appeals of Kentucky · Feb 25, 2021

Both asserted qualified official immunity as one basis for summary judgment. … The evidence of record did not clearly establish that Hutchinson terminated his pursuit when Skeens turned onto 979.

Fabian v. Kettering

2024 Ohio 360 · Ohio Court of Appeals · Feb 2, 2024

It establishes a three-step analysis for determining whether a political subdivision is immune from liability, starting with a broad rule that a political subdivision is generally not liable in damages.” … Because no exceptions to immunity applied, Kettering was immune from liability. {¶ 21} Regarding Tillotson, Fabian made no allegations that his acts or omissions were outside the scope of his employment or that

McDonough v. City of Rosemount

503 N.W.2d 493 · Court of Appeals of Minnesota · Jul 13, 1993

However, viewing the facts in the light most favorable to McDonough’s position, there is no showing Jilk intentionally committed an act prohibited by clearly established law or regulation. See Rico, 472 N.W.2d at 107 . … Jilk is entitled to summary judgment on McDonough’s claims against him based upon official immunity. III. McMenomy argues he is entitled to immunity from McDonough’s suit.

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

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

Tarrant Appraisal District v. Gateway Center Associates, Ltd.

34 S.W.3d 712 · Court of Appeals of Texas · Dec 21, 2000

From the early 1980s until 1995, the District specially appraised all of these properties as “qualified open-space land.” … It also had an opportunity to be heard before the annual property taxes became delinquent through the procedures established for protests. See Tex.Tax Code ÁNN. § 41.41 (Vernon Supp.2001).

Dann v. Auburn Police Department

138 A.D.3d 1468 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2016

Although prosecutors are afforded only qualified immunity when acting in an investigative capacity (see Buckley, 509 US at 275-276 ; Kirchner, 107 AD3d at 1623; Claude H. v County of Oneida, 214 AD2d 964, 965 [1995]), we … It is well established that “ ‘information provided by an identified citizen accusing another of a crime is legally sufficient to provide the police with probable cause to arrest’ ” (Lyman, 74 AD3d at 1843 ; see Zetes, 108

University of Texas System v. Letitia Thomas

464 S.W.3d 754 · Court of Appeals of Texas · Mar 26, 2015

The Austin Court of Appeals extended the rationale of the Texas Supreme Court in Manbeck, which involved a school district’s governmental immunity, to state agencies such as UT and held that sovereign immunity bars a workers … We noted that the language of section 410.258(f) “clearly provided a consequence for the failure to comply”: any judgment rendered before the party that initiated the judicial review proceeding provided the statutorily-required