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· 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 CourtListener

Sourced 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.