Case law

Gerald G. Gray v. Medical Licensing Board of Indiana

102 N.E.3d 917 · Indiana Court of Appeals · May 24, 2018

This evidence clearly supports the Board’s inclusion of “and other patients” in the Board’s order. We find no error. [18] Dr. … Gray] sees as a lack of an established standard of care.” (State’s Br. 35).

Fullerton v. FLORIDA MEDICAL ASS'N, INC.

973 So. 2d 1144 · District Court of Appeal of Florida · Jul 11, 2006

no immunity to the defendants. … A reading of the above provisions clearly reveals two essential requisites must be met, in order for a professional-review body to be entitled to the immunity authorized: (1) the body must be engaged in a professional-review

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.

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.

Texas Campaign for the Environment v. Partners Dewatering International, LLC

485 S.W.3d 184 · Court of Appeals of Texas · Jan 21, 2016

Environmental Qualify (TCEQ) that PDI had plans to. obtain a registration from the TCEQ to take commercial loads of waste to the Rio Hondo wastewater treatment plant, as it did in LaCoste. … Schneider should have known because she “led the TCE for years[ ] and it is very simple to get an entity’s compli-anee history from the TCEQ” and because the “TCE published PDI’s entire application on its website,” which “clearly

Lorenzo Forge v. Nueces County, Texas and Jim Kaelin, Sheriff, Nueces County, Texas

Texas Court of Appeals, 13th District · Aug 31, 2011

We believe that the legislative intent for the amendment clearly centers on the relationship between the waiver of sovereign immunity and the "certain steps" required by various statutes to "take advantage of that waiver … Green Scaping. 301 S.W.3d at 877 ("Clearly section 311.034 applies to waivers of sovereign immunity. However, the presentment language of section 89.004(a) does not waive immunity from suit." (citations omitted)).

Traylor v. Shell Oil Co.

400 So. 2d 342 · Louisiana Court of Appeal · Jun 3, 1981

This court did not clearly consider the issue now raised. … The Code of Civil Procedure clearly provides that a person against whom a motion for summary judgment is filed may not rely on his pleadings but must establish by affidavit or other evidence that a genuine issue of fact exists

State Ex Rel. Abbott v. Young

265 S.W.3d 697 · Texas Court of Appeals, 3rd District (Austin) · Sep 16, 2008

As the plaintiff attempting to sue the State, Young had the burden of affirmatively establishing that his claim fell within chapter 103’s sovereign-immunity waiver. Id. … Furthermore, by restricting the waiver to a claimant who “has been granted relief on the basis of actual innocence for the crime,” as opposed to a formulation like “is actually innocent ...,” the legislature clearly contemplated

Lovey v. Escambia County

141 So. 2d 761 · District Court of Appeal of Florida · Jun 5, 1962

It appears on an official map of the county made in 1941, and is clearly revealed by aerial photographs made in 1951 and 1958. … If there is any choice, based on principle, between the right of the sovereign's successor in interest to assert the sovereign's immunity to a statute of limitations and the right to assert the sovereign's immunity against

Dailey v. Pennsylvania Labor Relations Board

148 A.3d 920 · Commonwealth Court of Pennsylvania · Oct 14, 2016

We cannot substitute our judgment for the judgment of the Board, whose expertise makes it more qualified to assess factual matters within its field. Id. … Regarding the Board’s interpretation of PERA, it is well established that the Board’s interpretation of its governing statute “is to be given ‘controlling weight unless clearly erroneous.’” Lancaster Cnty. v. Pa.

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

Strother v. City of Rockwall

358 S.W.3d 462 · Court of Appeals of Texas · Jan 27, 2012

The City objected that appellant failed to show she was qualified to state opinions regarding flooding, drainage, and hydrology. … Accordingly, we shall review the City’s objections to appellant’s conclusory statements and to whether she is qualified to provide her opinion on flooding issues.

King v. City of Chicago

324 Ill. App. 3d 856 · Appellate Court of Illinois · Aug 16, 2001

ANALYSIS On appeal, King contends the trial court erred in ruling that the CHAPD and Hixon were immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS … He has failed, therefore, to establish that he had a legitimate expectation of continued employment with the CPD. See Faustrum v.

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.

Cassidy v. Merin

244 N.J. Super. 466 · New Jersey Superior Court Appellate Division · Nov 27, 1990

The first two statements were held to be "facts" and therefore protected by a qualified privilege which could be overcome only by proof of "actual malice." Id. … In the trial court, defendant sought summary judgment for that claim on the basis of the immunity established by R. 1:20-11(b).

Mobley v. O'Donnell

2020 Ohio 469 · Ohio Court of Appeals · Feb 11, 2020

We disagree. {¶ 13} To obtain a declaratory judgment, a plaintiff must establish: (1) a real controversy exists between the parties, (2) the controversy is justiciable in character, and (3) speedy relief is necessary … Such personal immunity defenses also include absolute judicial immunity. Ward v.

S. C. San Antonio, Inc., Doing Business as Southwest General Hospital, by and Through Safeco Properties, Inc., Its Successor in Interest v. Texas Department of Human Services

Texas Court of Appeals, 3rd District (Austin) · Jan 11, 1995

immunity from suit. … As we note, however, limited review procedures have now been established by rule at 25 Tex. Admin. Code §§ 29.609 (g), (h) (1994). 8.

Chambers County, Texas v. Pelco Construction Company

Texas Court of Appeals, 1st District (Houston) · Dec 31, 2020

See id. 6 Given our disposition below of Chambers County’s second issue—in which we conclude that Pelco did not establish the elements of its contract claim—we do not decide whether immunity is waived … But Pelco does not rely on the Prompt Payment Act to establish a waiver of Chambers County’s immunity. As already stated, Pelco relies on section 262.007. See TEX. LOC. GOV’T CODE § 262.007(a).

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.

Utility Contractors of America, Inc. v. City of Canyon and Utility Engineering Corporation

Texas Court of Appeals, 7th District (Amarillo) · May 24, 2005

Adhering to our holding in Adams , (footnote: 5) we find the City’s authority stated in Section 51.075 and its authority to sue and be sued stated in the city charter clearly and unambiguously waive the City’s immunity from … (footnote: 6) We find an additional basis establishing waiver of the City’s governmental immunity from suit on its contract with Utility Contractors.