Case law

Opinion No. Oag 56-79, (1979)

68 Op. Att'y Gen. 151 · Wisconsin Attorney General Reports · May 8, 1979

Second, the federal government has authority to qualify this power. … Jones , the Court concluded that Indian tribes do not enjoy absolute tax immunity outside reservation boundaries.

Opinion Number

Louisiana Attorney General Reports · Aug 30, 2002

(B) Plan to establish reasonable procedures. — Each plan shall establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders. (7 … It remains our recommendation that the domestic relations order clearly specify each plan to which such order applies.

Opinion Number

Louisiana Attorney General Reports · Dec 1, 1994

Section 601 further permits continued State regulation over four enumerated standard transportation practices, but in an qualified manner. … While the Conference Report clearly states that Section 601 does not change the application of State tax laws to motor carriers, it is silent as to its effect on fees.

Opinion No. Oag 53-88, (1988)

77 Op. Att'y Gen. 230 · Wisconsin Attorney General Reports · Sep 23, 1988

This is clearly not the case here. The other way is if the particular entity is deemed to partake of a portion of the state's sovereignty. … Clearly, there are distinctions among the various political subdivisions of the state.

Ago

Florida Attorney General Reports · Dec 29, 2010

The corporation is considered an agency of the state for purposes of sovereign immunity. 1 Subsection (3) of the section directs the board to: "(a) Adopt a plan of operation and articles, bylaws, and operating rules pursuant … (b) Establish procedures under which applicants for payments from the corporation may have grievances reviewed by an impartial body and reported to the board of directors." 2 (e.s.)

Attorney General Opinion No.

Kansas Attorney General Reports · Apr 5, 1999

make recommendations to the Court regarding the release of defendants and supervise those defendants who are released pending trial. 4 In fulfilling their supervisory duties, CSOs visit defendants at home and at work. 5 Clearly … The Kansas Tort Claims Act makes liability the rule and immunity the exception. 6 The burden is on the State to establish its entitlement to the exceptions listed at K.S.A. 1998 Supp. 75-6104 . 7 With these principles in

Opinion No.

Texas Attorney General Reports · Dec 12, 1984

as an international organization under the International Organizations Immunities Act ( 59 Stat. 669 ) [ 22 U.S.C. § 288 et seq.], accredited resident members of the staff of such representatives, and members of his or their … In our opinion, the criteria established by Toll v.

Opinion No. (1976)

Nebraska Attorney General Reports · Dec 29, 1976

Furthermore, the property in question is clearly "taxable property' in the city, and the above-quoted language requires the tax to be levied upon it. … Article III, Section 18 forbids the Legislature to grant to any corporation, association, or individual any special or exclusive privileges, immunity, or franchise.

Opinion No.

Arkansas Attorney General Reports · Apr 25, 2005

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … However, in the present case, the identifiable public interest is not simply to establish that public employees possess skills sufficient to perform their duties, but rather to establish that the most qualified applicant

(2004)

89 Op. Att'y Gen. 66 · Maryland Attorney General Reports · Mar 26, 2004

Where, however, either the county or a municipality has established a police force, general law enforcement functions are the responsibility of the local police department, and not the sheriff. … In such a case, the law enforcement officer did not enjoy the benefit of official immunities that applied to the officer's actions within his or her jurisdiction. B.

Attorney General Opinion No.

Kansas Attorney General Reports · Sep 16, 1997

Clearly, the statute requires one member of the Board be qualified in the medical specialization of genetics. … We note that while the provision sets forth the medical specializations in which the members of the Board must be qualified, the provision does not establish residence requirements for such persons.

Opinion No.

Arkansas Attorney General Reports · May 27, 2009

In response to your second question, I can speculate generally that the likelihood of exposure to liability will probably depend upon the success of a complaint in federal court alleging violation of clearly established rights … Senate of the Commonwealth of Pennsylvania , 154 F.3d 82 (3d Cir. 1998) (denying qualified immunity as to claim that termination of certain vested retirement benefits violated claimant's rights under the federal impairment

Maryland Attorney General Opinion 97 OAG 019

Maryland Attorney General Reports · May 31, 2012

The legal entity has also registered or qualified to conduct business in Maryland. See Md. Code Ann., Corps. & Ass’ns §§ 7-202, 7-203 (2011 Supp.). … While the Court of Appeals has yet to decide whether the operation of a housing project, as opposed to its construction, qualifies as a governmental activity for purposes of immunity under the LGTCA, see Jackson, 289 Md.

Opinion No.

Arkansas Attorney General Reports · Sep 24, 1998

While it would therefore be advisable for candidates to obtain the requisite number of signatures from qualified electors of their respective wards, I cannot conclude that the county clerk would be clearly wrong in accepting … And although § 14-42-206 admittedly establishes specific procedures for municipal candidates in mayor-council cities, it is perhaps of some significance that the language regarding "the undersigned qualified electors of Ward

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2007

to section 12131(1)(b), a state agency, such as the Commission, is a public entity subject to the rules and regulations specified by title II ofthe ADA to the extent that title II validly abrogates a state's sovereign immunity … GOV'TCODEANN. §§ 466.001-.303 (Vemon2004) (the .State Lottery Act, which establishes the Commission and its administrative authority).

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 3, 1988

However, the authority to transmit such orders is qualified by the words "in the institutional setting." … "(c) The performance of skin tests, immunization techniques, and the withdrawal of human blood from veins and arteries.

Ago

Florida Attorney General Reports · Sep 21, 1984

In the context of the foregoing discussion, it is apparent that the legislative authorization to the Highlands County Hospital District Board of Commissioners to "lease . . . any hospital" clearly refers to the authority … Immunity of the board of commissioners against liability damages is waived to the extent of liability insurance carried by the board.

Ago

Florida Attorney General Reports · Feb 27, 2007

and procedures established prior to the solicitation of competitive proposals. 5. … These procedures clearly indicate that compensation will be negotiated prior to the selected firm beginning work under the contract.

Opinion No. (1985)

Nebraska Attorney General Reports · Feb 20, 1985

Statutes qualifying or limiting the grant of authority to contract are mandatory, and contracts not conforming thereto are not binding on the state. … The judgment is clearly for affirmance.

(1973)

62 Op. Att'y Gen. 174 · Wisconsin Attorney General Reports · Aug 10, 1973

This is clearly the law apart from implied consent. … Clearly, the grant of immunity applies when the charge is, "driving under the influence of an intoxicant."