Case law

Opinion No. (1995)

Oklahoma Attorney General Reports · Oct 27, 1995

Therefore, 70 O.S.Supp. 1994, § 5-129.1[ 70-5-129.1 ] must be deemed constitutional unless it clearly violates a constitutional provision. ¶ 7 No case law defines the phrase "exclusive rights, privileges or immunities" in … Both the Oklahoma Congress of Parents and Teachers and the Junior Achievement programs could qualify for exempt status under the Section 5-129.1(B) exemption for parent teacher associations.

People v. Ferro

66 Misc. 2d 752 · Criminal Court of the City of New York · Jun 15, 1971

S. 591 [1896]) the abundance of judicial literature on the subject has conclusively established the viability of immunity devices, subject to the condition that they formulate an equation between the immunity conferred and … (Albeit this time he spoke of use immunity, it had previously been clearly described to the defendant as transactional plus use immunity.)

N.C. Acupuncture Licensing Bd. v. N.C. Bd. of Physical Therapy Exam'rs

2016 NCBC 31 · North Carolina Business Court · Apr 26, 2016

Sovereign Immunity {22} “[I]t is an established principle of jurisprudence that a state may not be sued unless by statute it has consented to be sued or has otherwise waived its immunity from suit.” Ray v. N.C. … Comm’n, 336 N.C. 200, 443 S.E.2d 716 (1994), as establishing a waiver of sovereign immunity where state actors have, as Plaintiff argues here, “invade[d] or threaten[ed] to invade the personal or property rights of a citizen

Claim of the Estate of Klee v. State

94 Misc. 2d 284 · New York Court of Claims · Apr 8, 1976

Testimony of coworkers of the decedent clearly establishes that no safeguards had been taken, on this day at least, to protect the excavation from a cave-in. … We consider him to be qualified for his duties. The project had not been started on March 27, 1967; he made further inspections on April 3, April 7, and April 20, 1967, to find nothing had been started.

Sweet v. State

114 Misc. 2d 269 · New York Court of Claims · May 4, 1982

Aside from the absence of any facts which would establish the presence of a special duty, the very nature of the DEC’s activity is couched in immunity. Specifically, Mr. … Hence while actual damages directly caused by DEC entry may be recovered, this statute is clearly not intended to abrogate the immunities discussed above and cannot be con *278 strued as creating a cause of action against

Johnson Co. Property Tax Assessment Board of Appeals and the Johnson Co. Assessor v. KC Propco LLC d/b/a Kindercare Learning Center

28 N.E.3d 370 · Indiana Tax Court · Apr 1, 2015

is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … Instead, it complains that KC Propco “only presented evidence of a confusing corporate structure of multiple entities that did not clearly establish who owned, occupied and used the property.” (Pet’rs’ Br. at 9.)

Reeves v. N.C. Department of Correction

North Carolina Industrial Commission · Sep 9, 2011

The Act is in partial derogation of sovereign immunity, see Stone v. N.C. … as an expert witness is willing to testify that the medical care did not comply with the applicable standard of care, or if the pleading does not allege facts establishing negligence under the existing common-law doctrine

Opinion No. (2009)

Oklahoma Attorney General Reports · Dec 23, 2009

Oklahoma School of Dentistry is hereby created for instruction in Dentistry. 3 The Board of Regents of the University of Oklahoma and the Oklahoma State Regents for Higher Education are hereby authorized and directed to establish … OAC 195:15-1-3 ; 15-1-4; 15-1-5. 3 While dentistry is specifically authorized to be operated and governed in the School by legislative enactment, dental hygiene is not so clearly authorized.

Brewer v. State

176 Misc. 2d 337 · New York Court of Claims · Mar 12, 1998

Section 106 (a) of the Bankruptcy Code provides, in pertinent part, that “[n] otwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated as to a governmental unit to the extent set forth in this section … The most important factor is whether the potential claim has merit, as it would be a futile exercise to permit litigation of a clearly baseless lawsuit (Savino v State of New York, 199 AD2d 254 ).

Lewis v. Cleveland State Univ.

2010 Ohio 2654 · Ohio Court of Claims · May 26, 2010

The magistrate concluded that plaintiff’s understanding of the grade requirements was mistaken and, hence, that he had failed to establish a breach of contract on that basis. {¶ 9} The magistrate next addressed plaintiff … Bowen, Kaufman, Tumeo, Alexander, and Rosentraub be entitled to civil immunity pursuant to R.C. 2743.02(F) and 9.83.

Tuchrello v. State

190 Misc. 2d 664 · New York Court of Claims · Aug 6, 2001

I find that the State is entitled to the qualified immunity from liability arising out of highway planning decisions that require expert judgment or the exercise of discretion (Friedman v State of New York, supra; Weiss v … Finally it appears that, since the trial court was not examining applicable guidelines, a Weiss v Fote defense and any qualified immunity related thereto were not considered.

Arquette v. State

190 Misc. 2d 676 · New York Court of Claims · Sep 20, 2001

review of the reasons behind the development of the Ferres exception to General Obligations Law § 9-103, as well as an excellent example of the difficulties encountered in determining whether a specific recreational area qualifies … and not in a boat, would fall within the scope of the immunity for navigational acts.

In re the Estate of Steinberg

153 Misc. 339 · New York Surrogate's Court · Oct 29, 1934

To meet this need, the several' Legislatures provided from time to time that one or more individuals might devote specified portions of their capital to the promotion of a clearly stated business object without personal • … This amounted in essence to the establishment of a fund set aside for the particular purpose and to a limitation of the rights of third parties dealing with it, to a mere right in rem against such fund as distinguished from

Monarch Tax Credits, LLC v. N.C. Dep't of Revenue

2021 NCBC 6 · North Carolina Business Court · Jan 25, 2021

[but is rather] a common law theory or defense established by [our] [c]ourt[s,]” “when there is a clash between these constitutional rights and sovereign immunity, the constitutional rights must prevail.” … On the other hand, if the remedy established by the NCAPA is inadequate, exhaustion is not required.

McKnight v. Wakefield Missionary Baptist Church, Inc.

2021 NCBC 35 · North Carolina Business Court · Jun 14, 2021

Immunity 35. … . § 61-1(b)(7) (establishing an exception to immunity if the trustee “[i]s sued in an action that would qualify as a derivative action if the organization were a for-profit corporation”).

Castle Sawmills, Inc. v. State Tax Commission

1 Or. Tax 571 · Oregon Tax Court · May 4, 1964

Defendant established a method of apportionment by rules and regulations implementing ORS 317.180. STC Reg 7.180. … Its income is not immunized from Oregon excise taxation by Spector. Its intangible income is subject to excise taxation at plaintiff’s domicile in Oregon.

Urdaneta v. Urdaneta

179 Misc. 95 · New York Family Court · Oct 7, 1942

The evidence clearly establishes that he did so without cause or justification through any conduct on her part. … The Constitution, the statutes and the decisions do not indicate that such immunity was ever intended.

Remley v. State

174 Misc. 2d 523 · New York Court of Claims · Jul 30, 1997

Nonetheless, because much of what occurred is memorialized in documents and because more than the passage of time is needed to establish that the delay in filing has caused substantial prejudice to defendant, the State has … comment b; cf., Toker v Pollack, 44 NY2d 211 ; Pecue v West, 233 NY 316 [person giving information to a District Attorney concerning the alleged commission of a crime afforded a qualified privilege because the communication

Pamela Slatten v. Hamilton County Assessor

Indiana Tax Court · Dec 29, 2023

must demonstrate to the Court that the Indiana Board’s final determination is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege or immunity … Deadline for Recording under the “Homestead” Definition The homestead deduction applies to property that qualifies as a “homestead” for a particular assessment year.

Jonsson v. Department of Revenue

4 Or. Tax 537 · Oregon Tax Court · Sep 30, 1971

Tax Commission, supra, and the other eases cited above clearly establish that although the privileges and immunities clause of the Constitution bars discrimination based solely upon residence, it does not preclude disparity … The order of the Department of Eevenue is sustained. ① “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”