Case law

Sodexho Operations, LLC v. Director, Division of Taxation

21 N.J. Tax 24 · New Jersey Tax Court · Aug 13, 2003

The establishment of those levels was done independently of the hospital. … Sodexho established food preparation procedures, policies, and recipes, and could use and retain its procedure manuals.

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

Dunckley v. State

136 Misc. 2d 767 · New York Court of Claims · Aug 21, 1987

Finally, assuming, without deciding, that the Weiss rule of qualified immunity were to be applied here, the result would be the same. (Cf., Discenza v New York Racing Assn., 134 Misc 2d 3 .) … Claimant has offered no evidence to establish that the Board’s decision to defer the requiring of Snell helmets lacked a rational basis.

In re Jaime T.

96 Misc. 2d 173 · New York Family Court · Aug 30, 1978

language, establishing a broad transactional strain of immunity which barred not only prosecution but also the imposition of "any penalty or forfeiture”. … As discussed supra, the protection presently afforded clearly exceeds the constitutionally mandated minimum.

Smith v. First Union Corporation

North Carolina Industrial Commission · Oct 4, 1995

Further, the documents in this category were created in the normal course of business, and therefore not subject to the qualified immunity provided by the trial preparation exception of Rule 26(b)(3). Id . … Further, certain documents in this category were created in the normal course of business, and are therefore not subject to the qualified immunity provided by the trial preparation exception of Rule 26(b)(3). Id .

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".

Southworth v. State

82 Misc. 2d 400 · New York Court of Claims · Jun 17, 1975

There can be no question that the issuance of a driver’s license was the performance of a governmental function and, therefore, that the case does not fall within the category where the State has clearly waived its immunity … Clearly, the defendant owed a duty to the claimants and all other users of the highway; and, just as clearly the State failed to meet its responsibilities in this area.

Woodstown Borough v. Friends Home at Woodstown

12 N.J. Tax 197 · New Jersey Tax Court · Jan 24, 1992

The claimant who asserts a tax exemption has the burden of proof to clearly bring itself within the tax exemption provisions. Long Branch v. … I conclude that the facts presented herein clearly establish that the two residential buildings of Woods Court are not exclusively used for charitable purposes.

Adamov v. State

46 Ohio Misc. 1 · Ohio Court of Claims · Jun 26, 1975

. _ ■ _ It is established that Carl Dwayne Harris was committed to O. Y. … That the waiver does not extend to political subdivisions is clearly stated in E. C. 2743.01(A)..

Spatt v. State

76 Misc. 2d 114 · New York Court of Claims · Aug 4, 1972

Claimant alleges that he had qualified for a scholarship of the type awarded by the State of New York through the Board of Regents and the Education Department. … The State of New York, in its sovereign capacity, and as an aid to furtherance of college *117 education- has established the Regents scholarship program.

Opinion No. (1986)

Oklahoma Attorney General Reports · Feb 28, 1986

In a case where a city and/or county is the sole owner and operator of a hospital, do the limits set on waiver of immunity established in the Governmental Tort Claims Act, 51 O.S. 151 et seq. (1985), apply? 2. … Under this provision, the immunity established, and the limited waivers of that immunity are applicable, inter alia , to the state and its political subdivisions .

People v. Leo

95 Misc. 2d 408 · Criminal Court of the City of New York · Apr 21, 1978

At the outset, it is essential to establish the precise status occupied by defendant in this country. … The underscored language clearly delineates the perimeters of the immunity applicable to defendant, as an employee of the United Nations.

Opinion No. (1990)

Oklahoma Attorney General Reports · Aug 2, 1990

(1981), p. 909, as a right or immunity granted as a peculiar benefit, advantage or favor. … believe that Oklahoma's courts would reach the same result. ¶ 7 By requiring that the individuals nominated be members of the nominating association, such statutes may aid in ensuring that the most informed and professionally qualified

Garma v. Township of Lakewood

14 N.J. Tax 1 · New Jersey Tax Court · Mar 22, 1994

and resident surviving spouses who establish residence after the spouse’s death and who do not qualify for the exemption. … She does not qualify under either the New Jersey Constitution or the enabling legislation because her husband did not qualify.

Evans v. Supreme Court of Ohio

119 Ohio Misc. 2d 34 · Ohio Court of Claims · Jun 10, 2002

A determination of judicial immunity does not mandate a separate hearing, such as may be required in cases involving civil immunity pursuant to R.C. 2743.02(F) and 9.86; {¶ 3} 2. … Although the letter does not qualify as an affidavit or any type of evidence listed in Civ.R. 56(C), the parties have stipulated that it may be considered in ruling on the cross-motions for summary judgment.

Lips v. Univ. of Cincinnati College of Medicine

2010 Ohio 3479 · Ohio Court of Claims · Jul 9, 2010

Lips subsequently conducted extensive research about the various treatment options available to him and the physicians who were qualified to perform such treatments. … Plaintiff concedes in her post-hearing brief that immunity should be granted for any negligence that occurred during the surgery and post-operative care. Indeed, the testimony at the hearing establishes that Dr.

Saha v. Ohio State Univ.

2010 Ohio 5906 · Ohio Court of Claims · Nov 9, 2010

Upon review, the court finds that OSU does not have a clearly defined policy governing a re-review and that the testimony confirmed that a re-review rarely happens. … Plaintiff may establish a prima facie case of race discrimination either by direct evidence or by the indirect method established by the United States Supreme Court in McDonnell Douglas Corp. v.

Reznickcheck v. N. Cent. Correctional Inst.

2010 Ohio 547 · Ohio Court of Claims · Jan 22, 2010

that defendants violated such statute by not providing him with a qualified educator for his apprenticeship program. … In sum, the court finds that plaintiff has failed to establish that he is entitled to relief under any of his claims. Accordingly, judgment is recommended in favor of defendants.

In re the Estate of Reis

182 Misc. 754 · New York Surrogate's Court · Apr 18, 1944

The American Exchange Irving Trust Company, predecessor of the petitioner, Irving Trust Company, is named and has duly qualified as sole executor. … The remaindermen of the trust, thus exempt from contribution, necessarily benefit by the implied statutory immunity extended to the fund.

Barlow v. Ohio State Univ. Med. Ctr.

2010 Ohio 4305 · Ohio Court of Claims · Aug 13, 2010

Sharp’s position as an assistant professor at OSUMC qualifies as state employment, the issue before the court is whether Dr. Sharp was engaged in the education of residents at the time of the alleged negligence. … . {¶ 12} Plaintiff asserts that Barlow’s testimony established that the discharge instructions were provided by a nurse who was neither a student nor a resident and, for that reason, Dr.