Case law

Western Title Guaranty Co. v. Sacramento & San Joaquin Drainage District

235 Cal. App. 2d 815 · California Court of Appeal · Jul 19, 1965

The practice thus established is entitled to consideration and should not be overturned unless clearly unsupportable. (Cf. Golden Gate Bridge etc. Dist. v. … It reaffirmed clearly and unmistakably that a public entity or a *824 public employee may be liable in contract when it said: “Nothing in this part affects liability based on a contract or the right to obtain relief other

Harris County Sheriff's Office Sergeant Johnny Gonzales and Harris County Sheriff's Office Deputy Robert Miller v. Pearline Kelley, Individually and as Representative of the Estate of Daryl Dwayne Kelley

Texas Court of Appeals, 1st District (Houston) · Jul 1, 2010

When determining whether the summary-judgment proof conclusively establishes an official-immunity defense, we must consider the existence of disputed facts material to these elements. See Telthorster v. … The multiple Taser deployment on Kelley was clearly disproportionate to the exigencies of the situation and resulted in injury to Kelley.

Sunoco Terminals, Inc. v. Bullock

756 S.W.2d 418 · Court of Appeals of Texas · Aug 10, 1988

Sun Penna is a Pennsylvania corporation qualified to do business in Texas and is also a wholly-owned subsidiary of Sun. *419 Established companies are required to pay corporate franchise taxes for the period from May 1st … In Calvert , Humble Oil & Refining Co., a Delaware corporation, was organized in September 1959, with only qualifying assets and with its qualifying capital stock held by Humble Oil & Refining Corporation, a Texas corporation

Morgan v. Greater Cleveland Regional Transit Auth.

2025 Ohio 1655 · Ohio Court of Appeals · May 8, 2025

And if a plaintiff establishes that a bus driver was negligent in operating the bus doors, then the exception to immunity set forth in R.C. 2744.02(B)(1) applies. … Thus, an abuse of discretion also occurs when a court “‘applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact.’” Thomas v.

DeSoto Wildwood Development, Inc. AND the City of Lewisville, Texas v. the City of Lewisville, Texas AND DeSoto Wildwood Development, Inc.

Texas Court of Appeals, 2nd District (Fort Worth) · Jan 19, 2006

It consists of two separate ideas B immunity from suit and immunity from liability. Id. … Immunity From Suit Waiver of immunity from liability by contract does not, however, waive immunity from suit. See Catalina Dev., Inc. v. County of El Paso, 121 S.W.3d 704, 705 (Tex. 2003).

People v. Strawn

210 Ill. App. 3d 783 · Appellate Court of Illinois · Mar 21, 1991

The party challenging a statute has the burden of clearly establishing a constitutional violation. (People v. O’Donnell (1987), 116 Ill. 2d 517, 521 , 508 N.E.2d 1066, 1068 .) … Since the record establishes that defendant, while she has ties to Texas, is a resident of Illinois, the privileges and immunities clause is inapplicable to the present case.

EAC USA, INC. v. Kawa

805 So. 2d 1 · District Court of Appeal of Florida · Jul 11, 2001

The failure to permit amendment constitutes an abuse of discretion unless it clearly appears the amendment would prejudice the opposing party, the privilege to amend has been abused, or amendment would be futile. … The element of intent can be established if the act is substantially certain to cause the offensive contact. Id. § 8, at 36.

Morrison v. Claborn

294 Ga. App. 508 · Court of Appeals of Georgia · Nov 13, 2008

First, “it is well established that laws granting exemption from taxation must be construed strictly in favor of the taxing authority.” (Citations and punctuation omitted.) Ethicon, Inc. v. Ga. Dept. of Revenue, 291 Ga. … We reject Morrison’s argument that this rule of strict construction is inapplicable because OCGA § 48-5-7.4 does not confer complete immunity from ad valorem taxes but instead only allows the taxpayer the benefit of a preferential

Henry Ridgeway and Hugo Xavier De Los Santos v. MedFinManager, LLC, MedFinManager, LLC, and Ernest P. Barrett

Texas Court of Appeals, 4th District (San Antonio) · Feb 19, 2025

Further, the evidence in this case, even in the light most favorable to the jury’s verdict, does not establish a recognized exception to the applicability of the attorney immunity doctrine. … Ridgeway Like de los Santos, Ridgeway argues that the evidence at trial established his affirmative defense of attorney immunity as a matter of law.

Greek Theatre Assn. v. County of Los Angeles

76 Cal. App. 3d 768 · California Court of Appeal · Jan 12, 1978

It establishes, further, that there are no net earnings over any period of time. … Current legal scholarship questions the grant of governmental subsidies disguised in the form of exemptions from taxation so as to be immune from the normal processes of political accountability for open tax supported grants

Davis v. Haas

2011 Ohio 5201 · Ohio Court of Appeals · Oct 7, 2011

Haas’s answer asserted numerous defenses, including res judicata and qualified immunity. {¶ 4} On August 27, 2010, Davis filed a motion for summary judgment in which he claimed that Haas “attempted to kill” him … immunity.

Buckner v. Gordon

81 Ky. 665 · Court of Appeals of Kentucky · Apr 12, 1884

The title of the act is to “establish a police court in the town of Winchester,” and in the body of the act the “qualified voters,” who are to select the presiding officer of the court thereby ■created, are required to reside … coroners, and justices of the peace, by the “qualified voters” of the several districts and counties, clearly indicate that this qualification for electors was intended to apply in the ■election of constitutional officers

Flat Fee v. Nvra

Vermont Superior Court · Jan 2, 2025

Without the teeth of an order vacating the award—which relief is clearly time-barred—any declaration of illegality of the rule in question would be no more than an advisory opinion. See Doe v. … None of these reasons establish a basis to negate the application of arbitral immunity here.

Nathan T. Cooling v. Department of Social Services, Family Support Division

491 S.W.3d 253 · Missouri Court of Appeals · Mar 15, 2016

The burden is on the Division to establish substantial justification. Id. … On the record before us Cooling did not meet his burden to establish a special factor pursuant to Section 536.085(4).

Gonzalez v. Paradise Valley Hospital

3 Cal. Rptr. 3d 903 · California Court of Appeal · Aug 26, 2003

Arturo was agitated and “clearly psychotic.” He ran out the door, but officers returned him to the emergency room where he was placed in restraints and medicated. Dr. … A defendant satisfies this burden by showing “ ‘one or more elements of’ the ‘cause of action’ in question ‘cannot be established,’ or that ‘there is a complete defense’ ” to that cause of action. (Ibid.)

Foster v. Board of Governors ex rel. Colorado State University

342 P.3d 497 · Colorado Court of Appeals · Feb 27, 2014

Town of Alma, 10 P.3d at 1262 ; Carothers, 159 P.3d at 655-56 . { 15 Colorado cases construing the CGIA immunity provision have established the following principles with regard to when it applies: eThere is immunity if the … Although the Spour court appears to have relied on the fact that the complaint alleged only a claim for breach of contract, see 150 Colo. at 347 , 372 P.2d at 730 , our case law now clearly establishes-consistent with the

Texas Association of School Boards Risk Management Fund v. Colorado Independent School District

Texas Court of Appeals, 11th District (Eastland) · Jan 19, 2023

These defenses are clearly available to CISD under Section 271.155 and are not waived. … Rather than seeking to rebut the factual propositions asserted by the plaintiff, an affirmative defense seeks to establish an independent reason why the plaintiff should not recover. Id.

Woodard v. NC LOCAL GOV. EMP. RETIREMENT SYSTEM

110 N.C. App. 83 · Court of Appeals of North Carolina · May 4, 1993

immunity; (4) defendants were protected from suit for any state claims by reason of the doctrine of *851 official immunity; (5) plaintiff had not stated a claim for breach of fiduciary duty against certain defendants; and … (6) plaintiff's suit was barred pursuant to the doctrine of sovereign immunity.

Kane v. Board of Governors of State Colleges & Universities

43 Ill. App. 3d 315 · Appellate Court of Illinois · Nov 10, 1976

The plaintiff, however, is clearly incorrect in attempting such a comparison because our supreme court stated in Williams that: “Our views with respect to the immunity of local governmental units were stated in Molitor v. … These and no doubt numerous other considerations have impelled the General Assembly, in modifying the State’s immunity from suit, to establish the Court of Claims, and we cannot say that the classification of claimants thus

Kempen v. Town of Middletown

Superior Court of Rhode Island · Jan 15, 2010

Consequently, when operating in their legislative roles, Council members are *Page 10 entitled to absolute immunity. Here, however, Defendants are clearly not proposing, passing, or voting on any piece of legislation. … Qualified Privilege Defendants are entitled to a qualified privilege.