Case law

Avila v. State

39 Misc. 3d 1064 · New York Court of Claims · Jan 8, 2013

Rather, qualified immunity is best pleaded as an affirmative defense in the answer and thereafter be the basis of a motion for summary judgment “supporting the motion with competent evidence establishing a prima facie showing … of qualified privilege” (id.).

R.L.K. & Co. v. State Tax Commission

1 Or. Tax 584 · Oregon Tax Court · Jun 30, 1964

FEDERAL INSTRUMENTALITY Neither the statutes nor the cases clearly define a federal instrumentality immune from state and local taxation. … All are clearly covered expressly or by implication. That ease establishes that these restrictions are not sufficient to destroy the possessory character of plaintiff’s interest under the special use permit.

Tepker v. Hueston Woods State Park

2010 Ohio 5453 · Ohio Court of Claims · Jul 20, 2010

.  {¶ 3} Since this incident occurred at Hueston Woods State Park, defendant qualifies as the owner of the “premises” under R.C. 1533.18 et seq. {¶ 4} “Premises” and “recreational user” are defined in R.C. 1533.18 … Plaintiff is clearly a recreational user, having paid no fee to enter the premises. Owing no duty to plaintiff, defendant clearly has no liability under a negligence theory. See Shockey v.

Breidenbach v. Wright State Univ. Boonshoft School of Medicine

2012 Ohio 6330 · Ohio Court of Claims · Sep 10, 2012

JUDGMENT ENTRY {¶ 1} On August 22, 2012, the court conducted an evidentiary hearing to determine whether Michael Herbenick, M.D., is entitled to civil immunity pursuant to R.C. 2743.02(F) and 9.86. … Herbenick’s position as an assistant professor at WSU clearly qualifies as state employment. Thus, the issue before the court is whether Dr.

Nazario v. State

24 Misc. 3d 443 · New York Court of Claims · Feb 27, 2009

As stated by the Arteaga Court: “Whether an action receives only qualified immunity, shielding the government except when there is bad faith or the action is taken without a reasonable basis ... or absolute immunity, where … Moreover, even if the immunity afforded DOCS is qualified rather than absolute, the State is shielded from liability in the absence of any allegation or inference that the conduct was undertaken in bad faith or without a

Chester A. Asher, Inc. v. Director, Division of Taxation

22 N.J. Tax 582 · New Jersey Tax Court · Jan 5, 2006

Accordingly, whether in-state activity other than “solicitation of orders” is sufficiently de minimis to avoid loss of the tax *594 immunity conferred by § 381 depends upon whether that activity establishes a nontrivial additional … Because that activity serves an independent business function quite separate from requesting orders, it does not qualify for § 381 immunity.

Hodges v. Hodges

202 Misc. 71 · New York Family Court · Oct 9, 1951

It must appear that the statute clearly and expressly intended to change the existing law. … Justice at the price of overruling well-founded and long-established judicial precedent tends to confusion. The law is not a “ wilderness of single instances ’ ’ but proceeds on established principles.

Estate of Morgan v. Ohio Dept. of Transp.

2010 Ohio 1532 · Ohio Court of Claims · Mar 22, 2010

Additionally, the records establish a traffic count of up to 1,900 vehicles per day on this stretch of SR 41. … The doctrine of discretionary immunity “has been applied to immunize the state from liability for discretionary decisions such as whether or not to install a traffic signal at an intersection, [and] what type of traffic signal

Smalley v. Ohio Department of Transportation, District 1

142 Ohio Misc. 2d 27 · Ohio Court of Claims · Mar 15, 2007

Defendant produced evidence establishing that the actual loss plaintiff suffered when his two acres of crops failed was $512.94. … Ohio Dept. of Transp. (1990), 48 Ohio St.3d 10 , 548 N.E.2d 233 , in promoting the immunity defense.

Opinion No. 74-221 (1975) Ag

Oklahoma Attorney General Reports · Feb 7, 1975

Do the members of the Board of Regents of South Oklahoma City Junior College, while acting as the governing board of the Area School District, qualify as employees under Section 12 of House Bill 1049 of the 1973 Legislature … In order to answer the above questions, it is necessary first to set forth the background relating to the establishment of the South Oklahoma City Junior College and South Oklahoma City Area School District.

Graham v. Like Milton State Park

2011 Ohio 3535 · Ohio Court of Claims · Apr 5, 2011

CONCLUSIONS OF LAW {¶ 4} Since this incident occurred at Lake Milton State Park, defendant qualifies as the owner of the "premises" under R.C. 1533.18, et seq. {¶ 5} "Premises" and "recreational user" are defined … Plaintiff is clearly a recreational user, having paid no fee to enter the premises. Owing no duty to plaintiff, defendant clearly has no liability under a negligence theory. Loudermilk v.

Johnson v. Ohio Bd. of Nursing

2009 Ohio 7100 · Ohio Court of Claims · Dec 17, 2009

In short, the court finds that a qualified privilege attaches to the statements at issue. {¶ 34} Once established, a qualified privilege may be defeated only if a claimant proves with convincing clarity that a publisher … Thus, plaintiff has failed to establish malice.

Opinion No. (1995)

Oklahoma Attorney General Reports · Mar 21, 1995

Clearly, the intent of the Legislature is to get the services to the children in need. … An exclusive right is not granted to these agencies, because 609 clearly allows other agencies to qualify and receive funds as Youth Services Agencies.

Township of Holmdel v. New Jersey Highway Authority

22 N.J. Tax 428 · New Jersey Tax Court · Jul 18, 2005

Paramus Bor., 79 N.J. 302 , 310, 399 A.2d 616 (1979), and, in order to prevail, must establish that “the object or activity for which the [tax] immunity is sought is within the boundaries of the governmental entity’s statutory … powers and within the provisions of the specific statute granting the asserted immunity,” Holmdel Tp. v.

O'Neill v. Manhattan & Bronx Surface Transit Operating Authority

47 Misc. 2d 765 · Civil Court of the City of New York · Sep 7, 1965

A lawyer acting as a special investigator cannot claim work product immunity any more than he may qualify for the attorney-client privilege ° * * The attorney-client privilege is narrower, in that it does not extend to information … Clearly, the reports of bus operators are or may be required for such hearings.

Mickens v. State

25 Misc. 3d 191 · New York Court of Claims · May 26, 2009

immunity. … For the same reason, DOCS’ action cannot be viewed as being entitled to either absolute or qualified immunity.

Brothers of Holy Cross, Inc. v. St. Joseph County Property Tax Assessment Board of Appeals

878 N.E.2d 548 · Indiana Tax Court · Dec 19, 2007

In order to meet that burden, the taxpayer must have submitted probative evidence, during the administrative hearing, sufficient to establish that its property qualifies for a tax exemption. 5 See id. at 907-08 (footnote … While BHC’s evidence clearly explains what services and activities were available to the Village’s residents in 2003-2005, the evidence lacks probative value with respect to the year at issue because it fails to establish

Mohler v. Univ. of Toledo Athletic Dept.

2025 Ohio 518 · Ohio Court of Claims · Jan 31, 2025

“It is important to note that discretionary immunity is not absolute. … Plaintiff signed a Qualified Letter of Commitment.

Opinion No. (1990) Ag

Oklahoma Attorney General Reports · May 9, 1990

SEE OPINION OF THE ATTORNEY GENERAL NO. 89-075, WHICH ESTABLISHES THAT PHYSICIAN EMPLOYEES ENJOY THE SAME IMMUNITY FROM TORT LIABILITY AS OTHER EMPLOYEES OF THE STATE. … THE LIMITED WAIVER OF SUCH IMMUNITY, UNDER 51 O.S. 152 .1(B), ALLOWS LIABILITY TO BE ESTABLISHED ONLY AS A RESULT OF THE TORTIOUS CONDUCT OF STATE "EMPLOYEES".

Opinion No. 75-170 (1975) Ag

Oklahoma Attorney General Reports · Aug 29, 1975

It is necessary that members of an auxiliary police force be qualified under the provisions of 70 O.S. 3311 [ 70-3311 ] (1971) except where performing emergency functions as contemplated in the "Civil Defense Act", 63 O.S … Section 63 O.S. 683 .11 [ 63-683.11 ] provides in pertinent part: "(a) Each political subdivision of this state is hereby authorized and directed to establish a local organization for civil defense in accordance with the