Case law

Tiffany Carlen Hurd v. Paul Bryan Reading

Texas Court of Appeals, 13th District · Feb 29, 2024

Hurd argues that she clearly established the defenses of: 11 “qualified immunity, broadcasting media privilege, and substantial truth.”3 A. … To establish the defense of qualified privilege for purposes of meeting her TCPA burden, Hurd was required to establish as a matter of law that she did not make the purportedly defamatory statements with actual malice,

Texas Racing Commission v. Toby Keeton

Texas Court of Appeals, 15th District · Dec 12, 2025

Keeton has failed to establish a viable constitutional claim, so there is no waiver of the Commission’s APPELLANTS’ BRIEF Case No. 15-25-00026-CV Page 22 of 29 sovereign immunity … clearly erroneous.

H & H Sand and Gravel, Inc. v. City of Corpus Christi

Texas Court of Appeals, 13th District · Nov 8, 2007

Section 271.152 of the Texas Local Government Code clearly and unambiguously waives local governments' immunity from suit for certain contractual claims and damages. See Tex. Loc. … We do not see how H&H Sand's allegation of unilateral modification establishes a waiver of governmental immunity under the statute's requirement that a contract be "properly executed on behalf of the local governmental entity

Vallien v. State Ex Rel. Dept. of Transp. and Dev.

812 So. 2d 894 · Louisiana Court of Appeal · Mar 27, 2002

Absent a waiver of sovereign immunity, the State of Louisiana is immune from suit. Jefferson Lake Sulphur Co. v. State, 213 La. 1 , 34 So.2d 331 (La. 1947). … Prior to November 23, 1995, the state had waived immunity from suit and liability in La. Const. art. XII, § 10, which provided as follows: (A) No Immunity in Contract and Tort.

Milligan v. South Carolina Department of Highways

283 S.C. 59 · Court of Appeals of South Carolina · Sep 17, 1984

Department and thus were immune from liability for any negligence. … Long clearly establishes that sovereign immunity does not shield a public employee or official from liability for ministerial acts performed contrary to the laws regulating his powers and duties or for discretionary acts

Adams v. Department of Transportation

251 Mich. App. 801 · Michigan Court of Appeals · Jul 2, 2002

Recently, our Supreme Court acknowledged that when determining whether a decision should not have retroactive application, the threshold question is “whether the decision clearly established a new principle of law.” … Under these circumstances, we cannot say that the Nawrocki decision “clearly established a new principle of law.” Pohutski, supra at 696 (emphasis supplied).

Regents of the University of Calif. v. Super. Ct.

California Court of Appeal · Jul 2, 2024

If it does, we assess whether the complaint clearly discloses a defense or bar to recovery. (See’s Candies, Inc. v. Superior Court (2021) 73 Cal.App.5th 66, 76.) … We conclude the complaint clearly discloses the Regents’ immunity from the City’s planning code, barring the Coalition’s recovery as a matter of law. I.

McDowell v. AUSTIN COMPANY

39 Wash. App. 443 · Court of Appeals of Washington · Jan 7, 1985

We hold that an indemnity clause of this type is enforceable only if it clearly and specifically contains a waiver of the immunity of the workers' compensation act, either by *448 so stating or by specifically stating that … Inclusion of that language clearly shows an intent to waive the immunity of the Industrial Insurance Act.

People v. Moran

39 Cal. App. 3d 398 · California Court of Appeal · May 23, 1974

Corson, an experienced and qualified lip reading interpreter, was used on the sound portion to clarify some of Pifer’s whispered words on the tape. … In fact, it was shown that Green was no longer a member of the motorcycle club and had been granted immunity.

STATE DEPT. HEALTH AND REHAB. v. Belveal

663 So. 2d 650 · District Court of Appeal of Florida · Sep 29, 1995

Prior to the summer of 1990, HRS relied upon government-salaried attorneys to represent qualified parents in intrastate child support enforcement proceedings under a federally mandated program. … Some of the limitations on governmental promissory estoppel are similar to concepts of sovereign immunity. In light of our ruling in this case, however, we decline to reach the broader sovereign immunity issue.

in Re: Dallas County Hospital District D/B/A Parkland Health & Hospital System

Texas Court of Appeals, 5th District (Dallas) · Apr 1, 2014

The trial court clearly abused its discretion in ordering the Rule 202 deposition in the absence of evidence supporting real party’s contention that the deposition was necessary to prevent a failure or delay of justice … In a case involving governmental immunity, the rule 202 petition must be sufficiently specific to demonstrate a basis for overcoming governmental immunity.

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.

GTE Wireless of Midwest Inc. v. Anderson Township

134 Ohio App. 3d 352 · Ohio Court of Appeals · Jun 17, 1999

First, the language of R.C. 5501.311 does not establish appellees’ entitlement to an exemption from local zoning. … Based upon these principles, the Brownfield court held that the state failed to establish its entitlement to immunity because the state made no effort to comply with the Akron zoning ordinance, which would have otherwise

Landry's Crab Shack, Inc. D/B/A Joe's Crab Shack v. the Board of Regents, Texas State University System And Southwest Texas State University

Texas Court of Appeals, 3rd District (Austin) · Oct 18, 2001

Sovereign immunity consists of two elements—immunity from suit and immunity from liability. Federal Sign, 951 S.W.2d at 405; Bates v. Texas St. Tech. College, 983 S.W.2d 821, 827 (Tex. App.—Waco 1998, pet. denied). … The University did not file special exceptions to require Landry’s to replead its claims for equitable relief more clearly or specifically, and we cannot say from the record that Landry’s would be unable to replead those

Kiehne v. N.M. Dep't of Game & Fish

New Mexico Court of Appeals · Jun 3, 2026

Rptr. 2d at 459 (“Clearly it is unreasonable to argue that because the animals were once eliminated from [the region] and driven to the brink of extinction, that they are now nothing more than a public improvement … Under the Tort Claims Act, the state is immune for any tort seeking monetary damages unless immunity is waived.

Willis v. Commodity Specialists Co.

158 Ohio App. 3d 444 · Ohio Court of Appeals · Sep 13, 2004

Thus, once immunity is established under R.C. 2744.02(A)(1), the second tier of analysis is whether any of the five exceptions to immunity listed in R.C. 2744.02(B) apply. Cater, 83 Ohio St.3d at 28 , 697 N.E.2d 610 . … However, even if the grain spill could be construed as a nuisance, immunity would clearly be reinstated to the city of Marysville under R.C. 2744.03.

State v. Steele

27 N.C. App. 496 · Court of Appeals of North Carolina · Nov 19, 1975

Our Supreme Court has consistently held that the results of a polygraph test are not admissible in evidence to establish the guilt or innocence of one accused of a crime. State v. … It was further agreed that the polygraph examination would consist of a conference, pretesting, total chart minutes, and interrogation by a qualified polygraph examiner.

Austin Unemployment Compensation Case

186 Pa. Super. 359 · Superior Court of Pennsylvania · Jun 11, 1958

. *360 The claimant established a base year consisting of the fourth quarter of 1955 and the first, second and third quarters of 1956; that during this base year the claimant’s total wages were $705.70, with the wages of … This clearly is a saving clause to allow claimants, who do not have sufficient qualifying wages under the two other methods, to qualify for benefits at a lower weekly rate.

Taylor v. John Crane, Inc.

6 Cal. Rptr. 3d 695 · California Court of Appeal · Nov 26, 2003

Immunity of Navy Plaintiffs rely on two theories of immunity. … Richards and DaFonte establish that under Proposition 51, fault will be allocated to an entity that is immune from paying for its tortious acts, but will not be allocated to an entity that is not a tortfeasor, that is, one

City of Amarillo v. Langley

651 S.W.2d 906 · Court of Appeals of Texas · Apr 29, 1983

Two motorcycle riding traffic scofflaws do not qualify as a matter of law as a commotion of a large number of persons acting unlawfully in concert. … Before the City can demonstrate immunity under § 14(10) it is required to either conclusively establish, or obtain a finding, that an intentional tort was committed. See City of Houston v.