Case law

Liberty Mutual Insurance Company v. Ricky Adcock

Texas Supreme Court · Aug 30, 2013

IT-DAVY, 74 S.W.3d 849, 859 (Tex. 2002) (“[T]he Legislature knows how to clearly and unambiguously waive sovereign immunity from suit. . . . … Here, neither section 5.351 nor 5.352 clearly and unambiguously waives the [Texas Natural Resource Conservation Commission]’s sovereign immunity from suit for breach-of-contract claims.”); Bally Total Fitness Corp. v.

John Klumb, Veronica McClelland, Vivian Montejano, John Gonzalez, Anita Robles, and Charmaine Pilgrim, on Behalf of Themselves and All Others Similarly Situated, and the City of Houston v. Houston Municipal Employees Pension System, Barbara Chelette, David L. Long, Lenard Polk, Roy Sanchez, and Lonnie Vara

Texas Supreme Court · Mar 20, 2015

improperly alters the statutory definition of that term; (2) compounding that unauthorized act by adopting the October 2011 resolution, which did the same; (3) authorizing the External Affairs Committee to determine who qualifies … Per Howerton, if the City so elected, any subsequently established pension fund would no longer be subject to legislative control.

Sharyland Water Supply Corp. v. City of Alton

55 Tex. Sup. Ct. J. 46 · Texas Supreme Court · Oct 21, 2011

City of Mexia, 197 S.W.3d 325, 328-29 (Tex.2006) (holding that “sue and be sued” and “plead and be impleaded” did not clearly and unambiguously waive immunity). … The intent to confer a direct benefit upon a third party “must be clearly and fully spelled out or enforcement by the third party must be denied.” ...

Judy Tooke and Everett Tooke D/B/A Tooke and Sons and D/B/A Nature's Way Organic Landscaping v. the City of Mexia

Texas Supreme Court · Jun 30, 2006

The reason it gives for doing so, that the Legislature’s intent to waive immunity should be more clearly expressed, was long ago urged and unanimously rejected by this Court. … (holding the Legislature “clearly and unambiguously waived immunity for community college districts” through the use of the language “sue and be sued”); City of Houston v.

Gtech Corporation v. James Steele

Texas Supreme Court · Jun 12, 2020

As to the plaintiffs’ fraud claims, we hold that GTECH would not qualify for derivative sovereign immunity even if we recognized that doctrine because the Lottery Commission did not control GTECH’s choices in writing the … Standard of review Sovereign immunity is the “well-established doctrine ‘that no state can be sued in her own courts without her consent, and then only in the manner indicated by that consent.’”

City of League City, Texas v. Jimmy Changas, Inc.

Texas Supreme Court · Jun 9, 2023

bars the claim and that no statute waives that immunity. … This factor clearly weighs in favor of concluding that the City engaged in a proprietary function by entering into the Agreement. 2.

the University of Texas at El Paso v. Alfredo Herrera

Texas Supreme Court · Jul 2, 2010

Herrera alternatively argues that even if Congress did not abrogate the State’s immunity, UTEP clearly and unambiguously waived it through its Handbook of Operating Procedures, which states “[a]n eligible employee may also … Indeed, it is impossible to grasp how fleeting language in a policy manual can “clearly and unambiguously” waive immunity when far more overt declarations in statutes enacted by the Legislature fall short. 5 1 III.

Patricia Oramas v. Utmb Health (Hospital) at Galveston

Texas Supreme Court · Jun 19, 2026

Code § 74.155(b), which is of course harder to prove; and (3) even if she were able to clear the immunity hurdle and establish gross or willful negligence, her potential damages would be capped at $250,000, id. § 74.301(b … She scrambled to find an expert willing to work with her—one who was adequately qualified and who could examine all the records that she had obtained to be able to prepare a report that would satisfy the statute.

Dr. Behzad Nazari, D.D.S. v. State

Texas Supreme Court · Jun 22, 2018

This, the Providers say, led them to believe that the information they were submitting complied with the Program’s requirements and established that their patients qualified for orthodontic services. … We agree with the state that these decisions do not establish that the state waives its sovereign immunity by initiating suit.

Phillips Chemical Co. v. Dumas Ind. School District

159 Tex. 116 · Texas Supreme Court · Jun 18, 1958

Such complex problems are ones which Congress is best qualified to resolve. … These cases clearly uphold the validity of the taxes assessed by the School District against the Chemical Company since March 17, 1950 insofar as the Federal Constitution and laws are concerned.

Texas Lottery Commission v. First State Bank of DeQueen

54 Tex. Sup. Ct. J. 17 · Texas Supreme Court · Oct 1, 2010

Leeper, 893 S.W.2d 432, 446 (Tex.1994). 4 The Commission also argues that the DJA does not waive immunity in this case because it only waives immunity of a municipality, not a state entity. … Accordingly, we disagree that the DJA only waives the immunity of municipalities.

City of Galveston v. State

50 Tex. Sup. Ct. J. 513 · Texas Supreme Court · Mar 2, 2007

playing havoc with their budgets, this would conflict with the Legislature’s preference that such disputes be settled by the State’s administrators and accountants, not the State’s lawyers. 49 And while cities are *474 clearly … ("The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof_"). 43 . O. Holmes, The Common Law 1 (1881). 44 .

McIntyre v. Ramirez

46 Tex. Sup. Ct. J. 854 · Texas Supreme Court · Jun 26, 2003

This case presents a question of statutory construction: what must a person prove to establish that he or she did not act “for or in expectation of remuneration” within the meaning of this exception to immunity from liability … Because the summary *743 judgment evidence conclusively established that Dr.

American National Insurance Company v. Bertha Arce, Individually and as Representative of All Others Similarly Situated

Texas Supreme Court · Apr 28, 2023

One particularly prominent (and controversial) one is the defense of qualified immunity in suits brought under 42 U.S.C. § 1983. … Ray, 386 U.S. 547, 555 (1967). 12 defenses are generally available unless the Legislature clearly indicates otherwise.” Taylor, 644 S.W.3d at 650.

Dawn Nettles v. Gtech Corporation and the Texas Lottery Commission

Texas Supreme Court · Jun 12, 2020

As to the plaintiffs’ fraud claims, we hold that GTECH would not qualify for derivative sovereign immunity even if we recognized that doctrine because the Lottery Commission did not control GTECH’s choices in writing the … Standard of review Sovereign immunity is the “well-established doctrine ‘that no state can be sued in her own courts without her consent, and then only in the manner indicated by that consent.’”

Kerrville State Hospital v. Clark

923 S.W.2d 582 · Texas Supreme Court · Jul 8, 1996

Such a result would be tantamount to abolishing governmental immunity, contrary to the limited waiver the Legislature clearly intended. … The particular manner of the injury need not be foreseeable to establish this element. Id.

City of San Antonio v. Armando D. Riojas

Texas Supreme Court · Feb 18, 2022

immunity, 13 we address only the City’s argument on official immunity. … law for claims of qualified immunity in [42 U.S.C.] § 1983 cases”. 21 And we quoted federal caselaw 18 883 S.W.2d 650. 19 Id. at 655. 20 Id. at 656 (emphasis added). 21 Id.

Daniel Walker and Kristen Walker v. Baptist St. Anthony's Hospital and Rhodesia Castillo, M.D.

Texas Supreme Court · Dec 13, 2024

Black, 392 S.W.3d 88, 97 (Tex. 2012) (“The court of appeals did not address the Hospital’s claim of immunity. … The offering party must establish that the witness has “knowledge, skill, experience, training, or education” pertaining to the specific issue before the court “which would qualify the expert to give an opinion on that particular

Garcia v. Carpenter

18 Tex. Sup. Ct. J. 289 · Texas Supreme Court · Apr 9, 1975

As the rule established in Weatherly is applied to the instant case, election officials have no authority to attach credence to asserted facts which are not conclusively established by public documents or recitations. … Absent other records clearly establishing relator’s nonresidence, the respondents had no power to go behind the recitals in relator’s sworn application and make determinations contrary thereto. Baker v.

City of Beaumont v. Bouillion

896 S.W.2d 143 · Texas Supreme Court · May 11, 1995

The media clearly is not an appropriate “law enforcement authority” under the Whistleblower Act. … Ohio, on the other hand, did not establish a common law cause of action for the violation of free speech because the legislature was viewed to be the more appropriate body to provide those remedies.