Case law

Leleaux v. Hamshire-Fannett Independent School District

835 S.W.2d 49 · Texas Supreme Court · Sep 23, 1992

Because the record establishes that Monica's injury did not arise out of the school district's or its driver's operation or use of the school bus, we hold that the school district is immune from liability in this case. … But clearly, without the bus there would have been no injury.

Texas Department of Criminal Justice v. Miller

44 Tex. Sup. Ct. J. 963 · Texas Supreme Court · Jun 21, 2001

We must decide whether the plaintiff has established waiver of sovereign immunity from suit under the Texas Tort Claims Act by demonstrating that the injury was caused by use of tangible personal property. TEX. CIV. … , and to express more clearly its intent as to when it directs that governmental immunity is waived." [18] Seven years later we complained in Salcedo v.

Texas Department of Transportation v. Mark Self and Birgit Self

Texas Supreme Court · May 17, 2024

Under this definition, if the Lyellco employees were not in TxDOT’s “paid service,” they cannot qualify as TxDOT employees even if they do not fall within any of the exclusions. … “Operation or use” under Section 101.021 The Selfs next argue that even if Lyellco’s employees who cut down the Selfs’ trees do not qualify as employees in TxDOT’s paid service, immunity is waived under Section

State v. Santana

12 Tex. Sup. Ct. J. 529 · Texas Supreme Court · Jul 23, 1969

However, the Court said: “ * * * the Supreme Court in Gault clearly sets out the requirements of ‘notices of charges’ in the following language : ‘Notice, to comply with due process requirements, must be given sufficiently … The manner of trial of this case relieved the State of its burden to establish the guilt of the respondent beyond a reasonable doubt.

City of Elsa v. Gonzalez

54 Tex. Sup. Ct. J. 33 · Texas Supreme Court · Oct 1, 2010

One of its arguments was that Gonzalez failed to establish that the trial court had jurisdiction. … The Whistleblower Act waives the City’s immunity from suit for Gonzalez’s claim if Gonzalez alleged sufficient facts to establish that he was a public employee and he in good-faith reported a violation of law by the City

Franka v. Velasquez

54 Tex. Sup. Ct. J. 460 · Texas Supreme Court · Jan 21, 2011

claim is established. … Clearly, the government's burden under (e) is much different.

In Re Weekley Homes, L.P.

52 Tex. Sup. Ct. J. 1231 · Texas Supreme Court · Aug 28, 2009

Emails and deleted emails stored in electronic or magnetic form (as opposed to being printed out) are clearly “electronic information.” … The purpose of Rule 196.4’s specificity requirement is to ensure that requests for electronic information are clearly understood and disputes avoided.

Entergy Gulf States, Inc. v. John Summers

Texas Supreme Court · Apr 3, 2009

Introduction — Whether Entergy Can Qualify As a “General Contractor” Today’s issue is simply stated but sharply disputed: Can a premises owner qualify as a “general contractor” under the Texas Workers’ Compensation Act? … The record shows clearly that Entergy “[undertook] to procure the performance of work” from IMC. [23] Deposition testimony established that Entergy hired IMC to “supplement the Entergy employee workforce” and help perform

Sweeny Hospital District v. Carr

378 S.W.2d 40 · Texas Supreme Court · Apr 22, 1964

It empowers the Legislature to provide by law “for the creation, establishment, maintenance and operation of hospital districts composed of one or more counties or all or any part of one or more counties with power to issue … An elector is qualified to vote only if he is qualified under the - Constitution.

Texas Department of State Health Services and Dr. Jennifer A. Shuford, in Her Official Capacity as Commissioner of the Texas Department of State Health Services v. Sky Marketing Corp., D/B/A Hometown Hero; Create a Cig Temple, LLC; Darrell Surif; And David Walden

Texas Supreme Court · May 1, 2026

We conclude that the vendors do not allege a valid ultra vires claim, so sovereign immunity applies. … Sovereign immunity bars the vendors’ APA claims. V Because sovereign immunity bars the vendors’ claims, the temporary injunction must be reversed.

Crosstex Energy Services, L.P. v. Pro Plus, Inc.

57 Tex. Sup. Ct. J. 398 · Texas Supreme Court · Mar 28, 2014

Although the plain meaning might suggest a jurisdictional bar, it does not meet the requisite level of clarity to establish the statute as jurisdictional. … Generally, waiver presents a question of fact, but “when the facts and circumstances are admitted or clearly established, the question becomes one of law.” Motor Vehicle Bd. of Tex. Dep’t of Transp. v. El Paso Indep.

Barbara Robinson, Individually and as Representative of the Estate of John Robinson v. Crown Cork & Seal Company, Inc., Individually and as Successor to Mundet Cork Corporation

Texas Supreme Court · Oct 22, 2010

But just as clearly, the plaintiff’s interest in the lawsuit itself should qualify as an “entitlement that may be terminated only for cause” that should warrant constitutional protection. Jeremy A. … Finally, even if some manner of affirmative act is, as the dissent suggests, a necessary part of the “settled expectations” test, it is clearly established here.

Grayce Oil Co. v. Peterson

128 Tex. 550 · Texas Supreme Court · Nov 12, 1936

The conclusion stated above is not in conflict with the qualification of the general rule, to the effect that where value is fully established by the opinions of qualified witnesses, any error arising out of the receipt of … There was evidence to this effect of course, which clearly raised an issue *556 for determination, but it was of such a nature that it fell short of fully establishing the justiciable fact involved.

State Ex Rel. Guerguin v. McAlister

88 Tex. 284 · Texas Supreme Court · May 27, 1895

The Constitution of Ohio secured to each qualified voter the right “to vote at all elections.” … Legislature void unless it be clearly in conflict with the Constitution.

Gill v. Everman

94 Tex. 209 · Texas Supreme Court · Dec 6, 1900

Clearly, under this provision, a nonresident applicant for letters of guardianship must show that he has been duly appointed and has duly qualified as guardian of the estate of the minor in some other State or country, and … Clearly the order shown by the transcript in this case does not comply with our laws, which we are required to presume are the same as the laws of Kentucky.

City of Dallas v. Heather Stewart

Texas Supreme Court · Jul 1, 2011

Of course, where the Legislature has made such a determination, due process still guarantees a qualified judicial review, but does not require that the review be de novo. Cf. City of Houston v. … Steele simply stands for the proposition that the Takings Clause is self-executing, and that sovereign immunity is waived for takings claims. See id. at 789 .

City of Dallas v. Peacock

89 Tex. 58 · Texas Supreme Court · Dec 16, 1895

, and such corporations in this State, which are *61 established purely for governmental purposes. … Yet that taxpayers in the State are qualified to sit as judges and jurors in all State cases can not be questioned.

Harris County Flood Control District and Harris County, Texas v. Edward A. and Norma Kerr

Texas Supreme Court · Jun 15, 2015

Like the Court’s opinion, for convenience my references herein to “sovereign immunity” are to the related doctrines of sovereign immunity and governmental immunity. 7 City of Tyler v. … As noted above, Plaintiffs also sued municipal utility districts and private developers. 53 W e have noted that sovereign immunity is “inherent in the nature of sovereignty” and “an established principle

Houston Area Safety Council, Inc. and Psychemedics Corporation v. Guillermo M. Mendez

Texas Supreme Court · Jun 23, 2023

Applying established principles, we conclude that the common law does not recognize such a duty. … Our Court has not addressed the validity of the qualified privilege in this precise context, but it has recognized the qualified privilege in a similar employment context. See Randall’s Food Mkts., Inc. v.

Friendswood Development Co. v. Smith-Southwest Industries, Inc.

22 Tex. Sup. Ct. J. 107 · Texas Supreme Court · Nov 29, 1978

Even though good reasons may exist for lifting the immunity from tort actions in cases of this nature, it would be unjust to do so retroactively. … As far as we can determine, there is no other use of private real property which enjoys such an immunity from liability under the law of negligence.