Case law

Harris v. State ex rel. Department of Public Safety & Corrections

2005 La.App. 1 Cir. 2647 · Louisiana Court of Appeal · Nov 3, 2006

Clearly, then, Ms. … Harris may be able to establish at trial. B. Workers’ Compensation Ms.

Texas State Board of Veterinary Medical Examiners v. Gene Giggleman, DVM

408 S.W.3d 696 · Texas Court of Appeals, 3rd District (Austin) · Aug 22, 2013

Gov’t Code § 552.301(b), such failure did not automatically require it to release the information because the confidentiality requirement imposed by Occupations Code section 807.027(b) would, if established, constitute a … immunity, see City of El Paso v.

Martinez v. NEW MEXICO DEPT. OF TRANSP.

258 P.3d 483 · New Mexico Court of Appeals · Aug 5, 2011

To the extent that Plaintiffs failed to establish that there was a hazardous road design that gave rise to a duty to correct it, the district court concluded that it would not be proper to waive sovereign immunity for Plaintiffs … A district court's decision will not be disturbed unless "the ruling is clearly against the logic and effect of the facts and circumstances of the case [and] is clearly untenable or is not justified by reason." Heath v.

Harris County, Texas v. Florencio Bacilio AKA Florencio Bacilio Ramirez and Yolanda Bacilio Florencio Bacilio AKA Florencio Bacilio Ramirez and Yolanda Bacilio

Texas Court of Appeals, 1st District (Houston) · Aug 13, 2024

A plaintiff bears the burden of establishing a waiver of immunity. See Rattray v. City of Brownsville, 662 S.W.3d 860, 865-66 (Tex. 2023); Dall. Area Rapid Transit v. Whitley, 104 S.W.3d 540, 542 (Tex. 2003). … Harris County’s claims against the Bacilios, and the Bacilios claims for offsetting damages against the county, clearly implicate Reata’s holding.

FEDERAL EXPRESS CORPORATION v. GADITH SABBAH, etc.

District Court of Appeal of Florida · Mar 22, 2023

Venice HMA, LLC, 325 So. 3d 334 (Fla. 2d DCA 2021), the Second District declined to review an order denying a motion asserting entitlement to sovereign immunity as a non-final, appealable order pursuant to the recently … Ace Cash Express, Inc., 863 So. 2d 1252, 1254 (Fla. 5th DCA 2004) (noting that when the Florida Supreme Court “chooses to apply a rule to pending cases, it clearly indicates that intention”); Johnson 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.

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.

Carolyn Barnes, Individually and as Next Friend of William Zimmer Barnes and Charles Austin Lee Bednorz v. Calvin R. Sulak Lt. Wayne Lock Sgt. Ralph Fisher R.C. Nichols And Williamson County Sheriff's Department

Texas Court of Appeals, 3rd District (Austin) · Aug 8, 2002

Appellees contended that the court should stay discovery while considering appellees= motions for summary judgment based on qualified immunity. … The pleas of immunity did not automatically stay discovery. Texas has not yet adopted the federal rule that a plea of qualified immunity automatically stays discovery of an official claiming immunity. State v.

PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc.

Texas Court of Appeals, 15th District · Feb 12, 2026

The question is the same in both: whether PLS adequately pleaded a claim for which the defendants do not have sovereign immunity. Sovereign immunity from suit defeats a trial court’s subject-matter jurisdiction. … claim,” the Department “retains immunity.”

City of Webster, Texas v. David R. Myers

360 S.W.3d 51 · Texas Court of Appeals, 1st District (Houston) · Oct 27, 2011

Tort Claims Act: Election of Remedies The Texas Tort Claims Act establishes a limited waiver of immunity and caps damages for certain suits against governmental entities. See Tex. Civ. Prao. & Rem. … Myers does not dispute that conspiracy qualifies as a claim “under” the act for section 101.106 purposes. Instead, he asserts that he has sued only the Employees in their individual capacities for conspiracy.

Lockhart v. Board of Regents of the University System

316 Ga. App. 759 · Court of Appeals of Georgia · Jul 11, 2012

The Georgia Tort Claims Act sets forth exceptions to a state agency’s sovereign immunity, which are subject to certain limitations; and a plaintiff bears the burden of establishing that a state agency’s conduct is excepted … Accordingly, Lockhart has met her burden of establishing a waiver of sovereign *765 immunity, 25 and the trial court was not authorized to conclude that it lacked subject matter jurisdiction over the portion of Lockhart’s

Costar Marine Tax Assessment Appeal

33 Pa. Commw. 447 · Commonwealth Court of Pennsylvania · Feb 2, 1978

Here, under the applicable lease; the building constructed by Appellants was clearly their property, not public property, and we must conclude therefore that it is not exempt from real estate taxes *451 under state law as … It is, of course, an established principle of law that a state and its political subdivisions cannot constitutionally levy a tax directly against the United States, its property or instrumentalities, in the absence of an

Hurd v. Woolfork

959 S.W.2d 578 · Court of Appeals of Tennessee · May 6, 1997

As grounds for their motions, the Defendants argued that the Plaintiffs’ wrongful death actions were barred by (1) the public duty doctrine of governmental immunity and, alternatively, (2) discretionary function immunity … Finally, the court concluded that the third circumstance did not apply because the plaintiff’s allegations did not establish intentional, malicious, or reckless conduct but, instead, established only simple negligence.

Commonwealth v. Aziz

1999 Pa. Super. 12 · Superior Court of Pennsylvania · Jan 22, 1999

The court stated: The Pennsylvania Juvenile Act does not provide immunity to a juvenile testifying at his transfer hearing. … Despite its recognition that a juvenile’s transfer hearing testimony is not immunized, the court found that the Act did not violate due process.

Heather Rosales v. Benjamin Equestrian Center, LLC

Missouri Court of Appeals · Nov 26, 2019

an element of its affirmative defense of immunity. … Compliance with section 537.325.6 was immaterial to establishing Benjamin's immunity defense. Nothing in section 537.325.6 references the immunity provision under 537.325.2.

Glaze v. Glaze

311 S.W.2d 575 · Missouri Court of Appeals · Mar 25, 1958

no such immunity simply by reason of his appearance in response to a criminal charge. … the statutory injunction that our appellate review must be with due regard to the opportunity of the trial court to judge of the credibility of the witnesses and that the judgment nisi should not be set aside unless it is clearly

Cooper v. Bi-State Development Agency

158 Ill. App. 3d 19 · Appellate Court of Illinois · Jul 9, 1987

Therefore, the instant order is clearly distinguishable from the orders involved in the cases cited by plaintiff. On appeal, orders must be interpreted in the context of the motions which accompany them. … Article II is entitled “General Provisions Relating to Immunity” and section 2 — 101 of the Tort Immunity Act (Ill. Rev.

Cohen v. City of New York

2022 NY Slip Op 05833 · Appellate Division of the Supreme Court of the State of New York · Oct 19, 2022

which was for summary judgment dismissing so much of the amended complaint as alleged negligence with respect to the planning and design of the exit ramp insofar as asserted against the City and NYCDOT on the ground of qualified … immunity, for the reasons set forth in Riddell v City of New York (___ AD3d ___).

Kucinsky v. Pfister

443 Ill. Dec. 792 · Appellate Court of Illinois · Jul 29, 2020

Mackoff, which had been clearly marked as legal mail. … ¶ 24 Kucinsky additionally alleged that on January 13, 2015, he received open legal letters from “an attorney” clearly marked as “legal.”

Celebrezze v. Dayton Newspapers, Inc.

41 Ohio App. 3d 343 · Ohio Court of Appeals · Jul 5, 1988

The Supreme Court’s language in Yeager is couched in the qualifying terms emphasized above. … However, defendants’ motives are clearly established in their deposition. In the dispute between Chief Justice Frank D. Celebrezze and the Ohio State Bar Association, defendants took the side of the bar association.