Case law

AAA Mid-Atlantic Insurance v. Prudential Property & Casualty Insurance

336 N.J. Super. 71 · New Jersey Superior Court Appellate Division · Dec 22, 2000

Thus, his parents, the MacElraths are statutorily immune from liability for injuries suffered by their son resulting from the alcoholic beverages they served him. … Prudential’s claim is clearly derivative. It depends upon establishing liability against another carrier’s insureds, the homeowners and social hosts.

Gavlick v. State

740 So. 2d 1212 · District Court of Appeal of Florida · Aug 11, 1999

Appellant first argues that his motion for judgment of acquittal on the racketeering and conspiracy counts should have been granted for failure of the State to establish the existence of an "enterprise." … Clearly, the qualifying felony must be a prior felony and the defendant must have been convicted of that prior felony within five years of the date of commission of the offense for which the defendant is being sentenced.

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

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.

Edward Rudolph Turnbull, IV v. Commission for Lawyer Discipline, Daniela Grosz, Daniel Martinez, Seana Willing, John S. Brannon, Amanda Kates, Jenny Hodgkins, and the Board of Directors of the State Bar of Texas, Cindy v. Tisdale, Steve Benesh, Laura Gibson, Kennon Lily Wooten

Texas Court of Appeals, 15th District · Jan 28, 2025

To establish an equal protection claim, a plaintiff must show that two or more classifications of similarly situated persons were treated dif- ferently. See Stefanoff v. … Clearly, notifying a com- plainant of the Board’s decision as to their appeal falls within her official duties.

McInerney v. Public Employees' Retirement Ass'n

1998 Colo. J. C.A.R. 5123 · Colorado Court of Appeals · Oct 1, 1998

Unlike PERA, we do not read the trial court’s C.R.C.P 54(b) certification as limited to claims dismissed based on sovereign immunity. … In its motion to dismiss, PERA argued that: it was immune from suit under §1983; even if not immune, it was not subject to liability because the changes in the benefit plan were not pursuant to any changes in its own “policies

Semmig v. Charlack

143 A.D.3d 802 · Appellate Division of the Supreme Court of the State of New York · Oct 12, 2016

immunity (see Brigham City v Stuart, 547 US 398, 403 [2006]; Diederich v Nyack Hosp., 49 AD3d 491, 493 [2008]; Sirlin v Town of New Castle, 35 AD3d 713 [2006]; Kubik v New York State Dept. of Social Servs., 278 AD2d 644 … However, the appellants established their prima facie entitlement to judgment as a matter of law dismissing the malicious prosecution cause of action insofar as asserted against each of them by demonstrating that the underlying

Gabriel Dryden v. The Metropolitan Government of Nashville and Davidson County

Court of Appeals of Tennessee · Sep 17, 2002

Dryden, establishes that the visibility of the yield sign was restricted. … Consequently, the decision to install a “yield ahead” sign did not require policy considerations or debate and cannot qualify as a planning decision.

Kearns v. Meigs Cty. Emergency Med. Servs.

2017 Ohio 1354 · Ohio Court of Appeals · Apr 5, 2017

established no passing zone. … R.C. 2744.03(A) prescribes defenses or immunities that an employee of a political subdivision may assert to establish nonliability in a civil action for damages allegedly caused by an act or omission in connection with

Platinum Partners Value Arbitrage Fund v. Chicago Board Options Exchange

976 N.E.2d 415 · Appellate Court of Illinois · Aug 10, 2012

Id. ¶ 38 The federal scheme of self-regulation grants SROs immunity in order to avoid the disruptive and unworkable situation of having 50 different states establish 50 different standards for SROs to … and distinguish this case from the well- established precedent that has found absolute immunity for an SRO’s announcement of its regulatory decisions and acts.

Thiele v. City of Phoenix

232 Ariz. 40 · Court of Appeals of Arizona · Apr 2, 2013

The trial court may consider only those expenses that qualify as costs under statute. See Sweis v. … Thiele’s constitutional argument on appeal focuses primarily on the Equal Privileges and Immunities Clause of the Arizona Constitution.

Bowles v. Reed

913 S.W.2d 652 · Texas Court of Appeals, 10th District (Waco) · Jan 17, 1996

We note, however, that Bowles is immune under the legislative immunity doctrine. Consequently, we need not address the question of whether Bowles is immune under the quasi-judicial immunity doctrine. … of first impression whose resolution was not clearly foreshadowed.

Semaan v. Mosier

California Court of Appeal · Feb 26, 2026

“Failure to provide proper headings forfeits issues that may be discussed in the brief but are not clearly identified by a heading.” (Pizarro v. Reynoso (2017) 10 Cal.App.5th 172, 179.) … Plaintiffs could not establish their claims have minimal merit because Mosier’s actions as receiver are subject to quasi-judicial immunity.

Clay v. International Harvester Co.

674 So. 2d 398 · Louisiana Court of Appeal · May 8, 1996

Clearly, some portions of Mayeux's testimony were cumulative of North's testimony. … Wigmore, Evidence in Trials at Common Law § 1080a, at 195-201 (Chadbourn rev. 1972), the trend of recent decades is clearly against such recognition. C.

Crist v. South-West Lake Maxinkuckee Conservancy District

875 N.E.2d 222 · Indiana Court of Appeals · Oct 22, 2007

While we agree that Indiana Code section 14-33-2-28 clearly states that an appellant can appeal the trial court’s order establishing a conservancy district directly to our Supreme Court, Rule 5(A) trumps that statute and … citizen, or any class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.”

Muhammad v. New Orleans Police Dept.

2000 La.App. 4 Cir. 1034 · Louisiana Court of Appeal · Jul 11, 2001

While these facts must be clearly established, they need not be established beyond a reasonable doubt. Cittadino, supra. … They claim that City policy clearly establishes that sick leave is a privilege granted exclusively for illness and that Civil Service rules and regulations restrict its uses.

Hartman v. Texaco Inc.

123 N.M. 220 · New Mexico Court of Appeals · Jan 29, 1997

The rule provides nearly absolute immunity for “opinion” work product, i.e., documents which reflect an attorney’s mental impressions, conclusions, opinions or legal theories and a qualified immunity for all other “non-opinion … The party asserting the work product immunity under NMRA 1-026(B)(4) bears the burden of establishing for each document that the rule applies. See Hartman v.

Stehlik v. Village of Orland Park

359 Ill. Dec. 107 · Appellate Court of Illinois · Feb 17, 2012

. ¶ 23 However, several cases have recognized ordinary or routine police activities do not qualify as enforcement or execution of the law under section 2-202 of the Act. … merely cruising around in his car"—an activity not subjected to immunity.

Copes v. Northeast Illinois Regional Commuter Railroad Corporation

2015 IL App (1st) 150432 · Appellate Court of Illinois · Feb 23, 2016

The rules applicable to this task are well-established, and were recently outlined in Hendricks v. … The plain language of section 5.03 clearly differentiates between the Authority and transportation agencies such as NIRCRC, both in the initial immunity provision and in the second paragraph containing the statute

Tibor v. Superior Court

52 Cal. App. 4th 1359 · California Court of Appeal · Feb 25, 1997

Smith (1994) 110 Nev. 1025, 1028-1029 [ 879 P.2d 735 ] [holding that while private criminal defense attorneys are not entitled to either qualified or complete immunity, they are entitled to the protection afforded by the … Public defender immunity is an issue best addressed by the Legislature.