Case law

Opinion Number

Louisiana Attorney General Reports · Apr 23, 2003

In the definitions section of this statute, a "qualified plan" is defined as a "basic benefits plan that may be established under a health maintenance organization, health insurance organization, or managed care organization … This is clearly a contract between the federal government and the state, which distributes funding for CommunityCARE and medicaid insurance, to, as R.S. 40:2211 states, "provide or coordinate the provisions of health care

Opinion No.

Arkansas Attorney General Reports · Aug 10, 2010

I am not entirely sure I understand the factual background your question is meant to establish. Nevertheless, I will answer your question in the abstract without referencing any particular set of facts. … State law clearly requires that only three election commissioners serve on county boards of election commissioners. 1 Further, state law gives specific guidance on who may hold one of those three positions: (1) the chair

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2000

A plaintiff complaining of the officer’s conduct would have to establish that the officer was not entitled to qualified immunity, a difficult burden to bear. See, e.g., Mackenzie v. Cartagenn, 1999 WL 1201786 (N.D. … immunity); see also TEX.

Opinion No.

Arkansas Attorney General Reports · Mar 16, 2006

In my opinion, under certain circumstances to be discussed below, a school district might clearly qualify under Act 2206 of 2005, the Arkansas Public School Academic Facilities Funding Act (the "Act"), for both bonded debt … In the event, then, that a school district were intent on purchasing property with an eye to building thereon, I believe the state might participate in funding the construction, which would clearly qualify as an "improvement

Opinion No.

Texas Attorney General Reports · Sep 26, 1989

Code art. 5.33A , § 5 (board to establish by rule the amount by which premiums may be reduced under the article). … an exterior door would not qualify if it had glass panels.

Untitled California Attorney General Opinion

California Attorney General Reports · Feb 3, 2022

other Good Samaritan statutes, and would undermine the well-established common law principle that although people have no duty to act, when they do act they must do so with due care. 30 After the Van Horn decision … immunity for medical licensees providing emergency care at the scene of an emergency), 2396 (defining immunity for medical licensees when complications arise from care provided by another licensee), 2397 (defining immunity

Opinion No. Oag 63-75, (1975)

64 Op. Att'y Gen. 184 · Wisconsin Attorney General Reports · Dec 30, 1975

Clearly, the congressional intent was to sever forever the relationship between the federal government and the Tribe. … Similar qualifying language is contained in 28 U.S.C. § 1360 , the codification of Public Law 280 as it related to state civil jurisdiction.

Opinion No. (1984)

Nebraska Attorney General Reports · Feb 28, 1984

The Abbott Laboratories decision held that the `own use' exemption provision is a limited one, and that not all purchases by a nonprofit institution receive a blanket immunity from Robinson-Patman scrutiny. … It is also clear that any purchases by the State of Nebraska must meet the test established in Abbott Laboratories to qualify for that exemption.

(1996)

81 Op. Att'y Gen. 121 · Maryland Attorney General Reports · Sep 13, 1996

Tort Claims Act immunity extends to some volunteers. … In addition, an official may have a qualified immunity, depending on the scope of discretionary powers and "depending on all the circumstances that may be revealed by evidence." 416 U.S. at 240 .

Opinion No. (1980)

Nebraska Attorney General Reports · Mar 14, 1980

A limited immunity is granted to peace officers in the execution of their office. This immunity is known as good faith defense. … If they act in a good faith belief that their action is lawful, they would be immune from liability.

Opinion No.

Arkansas Attorney General Reports · Jun 12, 2000

If they have, the enforcement of the mowing provision would clearly be authorized and all remedies just discussed would be available. … Given the established rule that public equipment may not be used for private purposes, Needham v.

Opinion No.

Arkansas Attorney General Reports · Jul 9, 1996

The court in Davis clearly viewed art. 19, §§ 3 and 4 as requiring residence within the school district. … The zones are thus clearly established "in the interest of particular individuals or classes." See definition of "political subdivision" supra.

Opinion No. Oag 55-79, (1979)

68 Op. Att'y Gen. 148 · Wisconsin Attorney General Reports · May 4, 1979

It is my opinion that the term "any . . . school district" in the context of sec. 66.30, Stats., clearly includes vocational, technical and adult education school districts. … This check on teacher quality is controlled by *Page 151 licensing procedures established by the Legislature and the Department.

Opn. No.

New York Attorney General Reports · May 9, 1995

The petitions were filed under section 37 of the Municipal Home Rule Law which establishes a procedure by which a proposal to amend a city charter made by qualified electors can be placed on the ballot for public referendum … Further, the Court found that the State's silence on this issue did not establish a conflict.

Ago

Florida Attorney General Reports · Mar 2, 1977

QUESTION: Since an applicant who qualifies for an exemption under either s. 196.081 , s. 196.091 , or s. 196.101 , F. S., could also qualify for an exemption under s. 196.031 (3)(a), F. … If no fund had been established, no right to replacement funds would exist. The establishment of the replacement fund was a legislative decision resting solely within its discretion.

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 4, 1992

even if the latter are immune." … Investing to provide revenue for the operation of the University was not enough to establish an educational purpose.3 3 In Laurel Heights Improvement Ass'n. v.

Attorney General Opinion No.

Kansas Attorney General Reports · Sep 2, 1999

Upon establishment of the district, the qualified electors are to elect by ballot the first members of the board of trustees. 4 The members are elected to designated terms of one, two, and three years. 5 The terms of office … pursuant to K.S.A. 80-2501 et seq . from the methods set forth in subsection (a)(1) or (a)(2) of K.S.A. 80-2508 to election pursuant to subsection (a)(3) or (a)(4) of K.S.A. 80-2508 fails to clearly establish whether the

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2007

In addition, following Arkansas Supreme Court precedent, this office will not address the constitutionality of proposed measures in the context of a ballot title review unless the measure is "clearly contrary to law." … Crunkleton , 303 Ark. 21 , 791 S.W.2d 794 (1990) ("Sovereign immunity is jurisdictional immunity from suit.")

(1996)

81 Op. Att'y Gen. 240 · Maryland Attorney General Reports · Jun 24, 1996

The Joint Committee recommended that the State Treasurer "prepare additional measures that clearly restrict the investment of public funds in order to provide legal and practical assurance that such funds are available as … The Joint Committee also recommended that the State Treasurer promulgate regulations to establish investment parameters for local governments: The [Joint Committee] further recommends that the State Treasurer, in consultation

Opinion No.

Arkansas Attorney General Reports · Oct 9, 2001

In a case such as this, where the statutory language is ambiguous, the established rule is that qualifying words or phrases relate only to the last antecedent where no contrary intention appears. McCoy v. … The answer to your second question is, in my opinion, clearly "yes," pursuant to the plain language of the statute.