Case law
Opinions from 1658 to today.
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Texas Supreme Court · May 21, 2021
Other evidence, however, seems to clearly contradict these assertions. 6 The patents were for five Bernardo sandals: the Milly (patent no. … established that the conduct at issue here qualifies as that “kind” of conduct. _____________________ Jeffrey
Cited 0 timesPublishedThe El Paso Education Initiative, Inc., D/B/A Burnham Wood Charter School v. Amex Properties, LLC
Texas Supreme Court · May 22, 2020
Open-enrollment “charters are typically held and run by nonprofit corporations, qualifying under § 501(c)(3) of the Internal Revenue Code. . . . … A lease qualifies as an encumbrance of state funds requiring governing body approval. Open-enrollment charter schools are entitled to public funds. See TEX. EDUC.
Cited 0 timesPublishedTexas Supreme Court · Jun 23, 2023
as a “governmental unit” under the Texas Tort Claims Act.75 But whether it also qualifies as an “arm of the state” that sovereign immunity protects presents a “separate question[]” and a “separate analytical … Of course, the mere designation of a private entity as part of the government is not sufficient to establish the entity as an arm of the state entitled to sovereign immunity.
Cited 0 timesPublishedKlumb v. Houston Municipal Employees Pension System
58 Tex. Sup. Ct. J. 554 · Texas Supreme Court · Mar 20, 2015
No waiver of immunity is alleged or supported on the record before the Court. 7 *13 C. … Per Howerton , if the City so elected, any subsequently established pension fund would no longer be subject to legislative control.
Cited 196 timesPublishedTexas Supreme Court · Mar 20, 2015
to governmental immunity. … The undisputed facts establish that Marcotte acted with authority of law and that the ultra vires exception is inapplicable as to him.
Cited 0 timesPublished887 S.W.2d 4 · Texas Supreme Court · Dec 22, 1994
We conclude that official immunity is a question of fact that was not conclusively established. … It would further discourage qualified individuals from entering medical practice in the public sector.
Superseded by statute, as recognized in Franka v. VelasquezCited 431 timesPublished1 Dallam 512 · Texas Supreme Court · Jun 15, 1843
He prayed for a mandamus to compel the said Roman to deliver to him the said office with its records, books, immunities, etc., or show cause to the contrary. … By section 8 of the “act organizing the inferior courts and defining the powers and jurisdiction of the same,” page 150, Laws of Texas, volume 1, it is enacted, that there shall be elected by-the qualified electors of each
Cited 3 timesPublishedInstitutional Division of the Texas Department of Criminal Justice v. Powell
53 Tex. Sup. Ct. J. 953 · Texas Supreme Court · Jul 2, 2010
Powell made three arguments on appeal: (1) because his claim against the Department was for declaratory relief, it did not implicate sovereign immunity; (2) the Department waived sovereign immunity by seeking affirmative … “To establish a constitutional violation, an inmate must show that he suffered a qualifying adverse retaliatory act,” and “[i]f the retaliation alleged ... does not pass this bar, he has suffered no constitutional injury.
Cited 15 timesPublishedThe City of Austin v. Noel Powell
Texas Supreme Court · Dec 31, 2024
The plaintiff—the nonmovant— survives the plea to the jurisdiction only by showing that the statute “clearly and affirmatively waive[s] immunity” and by also “negating any provisions that create exceptions to, and thus withdraw … We did not, of course, contradict the bedrock principle that the plaintiff bears the burden to establish a waiver of immunity.
Cited 0 timesPublishedTexas Supreme Court · Jun 10, 2022
’s sovereign-immunity defense. … Longoria responded that Paxton’s unwillingness to admit or deny whether he was authorized to enforce Section 31.129 was sufficient to establish an exception to sovereign immunity.
Cited 0 timesPublishedTexas Parks & Wildlife Department v. Sawyer Trust
54 Tex. Sup. Ct. J. 1621 · Texas Supreme Court · Aug 26, 2011
Consequently, sovereign immunity will bar an otherwise proper DJA claim that has the effect of establishing a right to relief against the State for which the Legislature has not waived sovereign immunity. … The difference between a takings claim and a trespass to try title claim was clearly articulated by the court of appeals in Porretto v.
Cited 362 timesPublishedTarrant County, Texas v. Roderick Lydell Bonner
574 S.W.3d 893 · Texas Supreme Court · May 24, 2019
The County concludes that the immunity statutes must be broader than the court of appeals’ opinion suggests to account for negligent omissions which are clearly within their intended scope. We agree. … Both statutes here provide an immunity to liability—an affirmative defense the defendant must plead and prove. For that defense to prevail, the defendant asserting the immunity must establish the statute’s conditions.
Cited 35 timesPublishedTexas Department of Transportation v. City of Sunset Valley
47 Tex. Sup. Ct. J. 1252 · Texas Supreme Court · Sep 24, 2004
But sovereign immunity is waived only when the Legislature has clearly and unambiguously expressed that intent. See Kerrville State Hosp. v. Fernandez, 28 S.W.3d 1, 3 (Tex.2000); see also Tex. … As we have said, the City’s reliance on section 203.058(a) of the Texas Transportation Code to establish that waiver is misplaced, and the City has asserted no other basis to support a waiver.
Cited 718 timesPublishedTexas Supreme Court · Apr 3, 2009
It also says HCBeck qualifies as a statutory employer because its subcontract with Haley Greer incorporated the general workplace insurance plan. Id. at ___. … And clearly, the general contractor could absorb the cost without looking to any other party for reimbursement.
Cited 0 timesPublishedWichita Falls State Hospital v. Taylor
46 Tex. Sup. Ct. J. 494 · Texas Supreme Court · Mar 6, 2003
A divided court of appeals affirmed, holding that the Legislature clearly and unambiguously waived immunity from suit against state mental health facilities for violations of the patient’s bill of rights. 48 S.W.3d 782 . … Although sometimes associated in the United States with the feudal fiction that “the King can do no wrong,” sovereign immunity “is an established principle of jurisprudence in all civilized nations.” Beers v.
Cited 896 timesPublishedLiberty Mutual Insurance Company v. Ricky Adcock
56 Tex. Sup. Ct. J. 1161 · 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.
Cited 58 timesPublishedMissouri Pacific Railroad v. Brownsville Navigation District
13 Tex. Sup. Ct. J. 308 · Texas Supreme Court · Apr 22, 1970
It is necessary to distinguish between two different governmental immunities: (1) immunity from suit without consent even though there is no dispute as to liability of the sovereign; and (2) immunity from liability even though … all courts of this State in the name of such navigation district, and all courts of this State shall take judicial notice of the establishment of all districts.”
Overruled on other grounds by Tooke v. City of Mexia, 49 Tex. Sup. Ct. J. 819 (2006)Cited 269 timesPublishedTexas Department of Public Safety v. Petta
44 S.W.3d 575 · Texas Supreme Court · Jun 7, 2001
In short, by convicting Petta, the jury found that the imminent harm Petta sought to avoid (Rivera’s actions) did not clearly outweigh the harm she created by fleeing. … The specific conduct-hitting the window, calling a tow truck, aiming the gun, blocking Petta in with the cruiser, and firing at Petta’s tires-is clearly intentional.
Cited 345 timesPublished898 S.W.2d 288 · Texas Supreme Court · Jun 8, 1995
Not only does the Wrongful Death Act clearly state that immunity is waived, it limits the waiver to specified governmental entities. … The statute clearly waives immunity; indeed, there would be no purpose for the Act at all if immunity were not waived. Barfield and Prince also cite Kerrville HRH, Inc. v.
Superseded by statute, as recognized in Travis Central Appraisal District v. NormanCited 363 timesPublishedTexas Tech University Health Sciences Center - El Paso v. Dr. Lindsey Niehay
Texas Supreme Court · Jun 30, 2023
the Legislature has expressly waived that immunity.9 The TCHRA waives sovereign immunity, “but only if the plaintiff alleges facts that would establish that the state agency violated the Act and, when challenged with contrary … Thus, she cannot establish that Texas Tech regarded her as having an impairment, and she has not shown a disability as defined in the Labor Code.
Cited 0 timesPublished
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