Case law

Franks v. Ohio Dept. of Rehab. & Corr.

2012 Ohio 3857 · Ohio Court of Claims · Apr 23, 2012

In order to establish liability for a such a claim, plaintiff must produce evidence to establish both the relevant standard of care and proximate cause. See Bruni v. … A defendant discriminates against a qualified individual with a disability if it denies him or her a reasonable accommodation.

Poysa v. State

102 Misc. 2d 269 · New York Court of Claims · Dec 19, 1979

The testimony of the claimants’ expert established that, under the circumstances the placement of the unstabilized material was not in accordance with good engineering practices prevailing at that time. … Clearly, Weiss v Fote ( 7 NY2d 579 , supra) was not premised on this type of absolute immunity, since the holding there was predicated on a standard of reasonable care.

Opinion No. (1986)

Oklahoma Attorney General Reports · Mar 6, 1986

The Oklahoma Human Rights Commission was established by the Oklahoma Legislature in 1963 with the express purpose of working toward "removing frictions, eliminating discrimination, and promoting unity and understanding among … This definitional approach clearly encompasses volunteers acting on behalf of state agencies, so long as they are acting within their "scope of employment," as further defined in 51 O.S. 152 (9) (1985).

Hann v. State

137 Misc. 2d 605 · New York Court of Claims · Nov 9, 1987

To establish the standard of conduct against which the circumstances of each case are to be tested, a risk-benefit analysis may be fruitfully utilized. … One clearly relevant factor in assessing the risk that Miranda posed to other inmates is his past prison record.

Drever v. State

45 Misc. 3d 224 · New York Court of Claims · Mar 14, 2014

To establish a cause of action for interference with the right of sepulcher, claimant must establish six factors: (1) claimant is decedent’s next of kin; (2) claimant had the right to possess decedent’s remains; (3) defendant … Clearly, recording a person’s consent for organ donation was not and is not limited to governmental donation sources.

Griffin v. Department of Local Government Finance

794 N.E.2d 1171 · Indiana Tax Court · Sep 9, 2003

The general purpose was to provide cost-free emergency medical care to indigent patients who did not qualify for Medicaid. … or immunities, which, upon the same terms, shall not equally belong to all citizens."

Nephew v. State

178 Misc. 824 · New York Court of Claims · Aug 10, 1942

Many anomalies exist in the history of government relations with the Indians which have not been clearly resolved, but this much at least seems certain: a. … The trooper disregarded these established precedents. Both the arrest and the assault took place within the reservation. 7. Self-defense as a justification is not established by the facts.

Livshitz v. United States Tennis Ass'n National Tennis Center

196 Misc. 2d 460 · Civil Court of the City of New York · Jun 13, 2003

The cases establish that the latter type of risk, posed by a ski resort’s negligence, clearly is not a risk (inherent in the sport) that is assumed by a participant” (3 Cal 4th at 311, 315, 834 P2d at 705, 708 [parenthetical … A review of the Russian-speaking plaintiffs deposition transcript does not clearly convey all the surrounding circumstances.

Schmitt v. State Tax Commission

1 Or. Tax 25 · Oregon Tax Court · Jun 14, 1962

No claim is made by the plaintiffs that their trust qualifies under ORS 316.340, which it clearly does not, nor can the commission, by its general demurrer, question the charitable nature of the donee religious corporations … Clearly, under this federal statute, though the plaintiffs’ trust is not a qualifying organization, the plaintiffs’ gifts of re *28 mainder interests qualify for deduction, because the clear and well-established meaning of

Opinion No. (1990)

Oklahoma Attorney General Reports · Jan 10, 1990

The State of Oklahoma does hereby adopt the doctrine of sovereign immunity. … An interpretation of the definitions section which precludes the State's liability for medical negligence conflicts with this provision which so clearly provides for that contingency.

Gossard v. Ohio Dept. of Job & Family Servs.

2015 Ohio 5561 · Ohio Court of Claims · Dec 31, 2015

Plaintiff asserts a claim of defamation1 and seeks an immunity determination with regard to several of defendant’s employees, including Ryan Beaty, investigator for defendant’s office of the Chief Inspector; Robert Ferguson … Franklin No. 10AP-565, 2011-Ohio-777, ¶ 8. {¶11} “To succeed on a defamation claim, a plaintiff must establish: (1) a false statement, (2) about the plaintiff, (3) published without privilege to a third party, (4)

Atlas Foundry & MacHine Co. v. State Tax Commission

2 Or. Tax 200 · Oregon Tax Court · Sep 29, 1965

The legislative history of P.L. 86-272 clearly indicates that it was the intention of Congress to declare that a taxable nexus was established in the host state if a sales office was maintained in that state. *204 The Talmadge … Amendment eliminated a paragraph from the original bill which would have granted immunity to a sales office.

In re the Estate of Harris

98 Misc. 2d 766 · New York Surrogate's Court · Mar 7, 1979

Clearly, this consistent pattern of judicial action in favor of the rights of children born out of wedlock, where the certainty of their relationship to the deceased father has been established, is consistent with the intent … The application is *773 granted and letters of administration shall issue to petitioner upon her duly qualifying according to law.

STATE v. MCCLURE

2005 NCBC 6 · North Carolina Business Court · Oct 28, 2005

If it is determined that Ross and CBM engaged in an unlawful conspiracy with respect to the remaining claims, liability will be established. … Clearly, actions such as those alleged against defendant McClure would not fall within the immunity provisions.

Ragsdale v. Department of Revenue

11 Or. Tax 440 · Oregon Tax Court · Nov 7, 1990

It found that it established a new principle of law by overruling prior precedent. This court finds that Davis v. Michigan was a case of first impression whose resolution was not clearly foreshadowed. … The Davis case established a new principle pertaining to intergovernmental immunity which was not clearly foreshadowed by prior decisions. *445 The second test of Chevron is: Will retrospective operation further or retard

Question Submitted by: The Honorable Jon Echols , Oklahoma House of Representatives, District 90

2024 OK AG 19 · Oklahoma Attorney General Reports · Dec 30, 2024

Considering these clearly defined legal duties vested with the county, the office provides a summary of the most salient facts giving rise to the current dispute between Oklahoma County and Oklahoma City about the construction … Also, Oklahoma County chose a location away from security-sensitive establishments like schools, daycares, and houses of worship.

Monje v. Figuerola

39 Misc. 2d 277 · Civil Court of the City of New York · May 22, 1963

If this were not so, summary judgment would be a perversion of justice, instead of in furtherance thereof. “ The answering affidavit should disclose this situation clearly. … As to the second phase, the court finds that there appears to be no legislative provision which clearly sets out any intent on the part of the Legislature in enacting article 17-A of the Insurance Law to grant immunity to

Juan Ortiz v. Paul Warfield

Delaware Court of Common Pleas · Apr 12, 2016

On March 26, 2015, Appellees filed a Motion for Summary Judgment, arguing that Appellant failed to establish a prima facie case of trespass that, the Doctrine of Sovereign Immunity bars the claim, therefore depriving the … Court of subject matter jurisdiction, and that the 1 Doctrine of Qualified Immunity acts an additional bar to Appellant’s claim.

Emmis Publishing Corp. v. Indiana Department of State Revenue

612 N.E.2d 614 · Indiana Tax Court · Apr 8, 1993

"Clearly, the First Amendment does not prohibit all regulation of the press. … Clearly, the trial court determined that 'TV Facts' lacked essential ingredients in its form to constitute a newspaper under the statute.

Harris v. State

187 Misc. 2d 512 · New York Court of Claims · Jan 22, 2001

medical costs and physical pain and suffering associated with this incident, claimant seeks compensation for the emotional distress she suffered while she waited to find out if she was HIV-positive or had AIDS (Acquired Immune … “Summary judgment is a drastic remedy which should only be granted when it clearly appears that no material and triable issue of fact is presented” (Taft v New York City Tr.