· 3/28/1928
McFaddin v. Jefferson County Drainage Dist. No. 6.
Citations
- 4 S.W.2d 33
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating whether an act is discretionary or ministerial is a “key question relating to the determination of qualified immunity . . . .”
- referring to Section 4001 as a form of governmental immunity known as “qualified immunity”
- acknowledging need for discovery to determine whether DYRS employee defendants breached ministerial duties
- The doctrine against claim splitting is “designed to prevent a litigant from getting ‘two bites at the apple.’”
- ‘Whether vel non the defendant acted in bad faith or with gross negligence are ... inherently factual question.”
- “The claim splitting doctrine presumes that the interest of fairness will require a plaintiff to present all ofhis theories relating to one transaction in a single action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Civil, Harvey, Oueeton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.