Tag Archives: Qualified

Distinguishing between official acts and unofficial acts for the purposes of claiming qualified immunity from lawsuits in New York State courts

Judge Jennifer G. Schecter, citing Clinton v Jones, 520 US 681 [Clinton], held that a sitting president is not immune from being sued in state courts for unofficial acts* and denied President Donald J. Trumps' [Defendant] motion to dismiss Summer … Continue reading

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The Empirical Truth About Qualified Immunity

Joanna C. Schwartz, How Qualified Immunity Fails, 127 Yale L.J. 2 (2017). Howard M. Wasserman The critical scholarly narrative surrounding civil rights litigation is that the Supreme Court in the past decade has expanded the defense of qualified immunity, particularly … Continue reading

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Sovereign Immunity, Absolute Immunity, Qualified Immunity, Use Immunity, Transaction Immunity and Qualified Privilege claims that may be advanced by public officers and employees involved in litigation and, or, administrative hearings

Sovereign Immunity, Absolute Immunity, Qualified Immunity, Use Immunity, Transaction Immunity and Qualified Privilege claims that may be advanced by public officers and employees involved in litigation and, or, administrative hearingsBelow is an example of the material posted on NYPPL. However, to … Continue reading

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Pennsylvania Supreme Court to Decide Whether Colleges Must Have Qualified Medical Personnel at Athletic Events

The Pennsylvania Supreme Court has agreed to decide whether colleges must have qualified medical personnel present at intercollegiate athletic events to protect student athletes from injury. Our firm is counsel for the student athletes who filed this lawsuit after they … Continue reading

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Lenders Representation That Borrower “Qualified” For Loan Not A Representation Borrower Could

Question: Is a lenders representation to a borrower that the borrower can "qualify" for a mortgage loan a representation that the borrower can also "afford" the loan? Answer: No, according to the First District Court of Appeal in Perlas v. … Continue reading

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