Case law

Opinions from 1658 to today.

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  • Haynes and Boone, LLP and Arthur L. Howard v. Nftd, LLC F/K/A Bernardo Group, LLC, Bernardo Holdings, LLC, Peter J. Cooper, and Jacqueline Miller

    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 timesPublished
  • The 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 timesPublished
  • Electric Reliability Council of Texas, Inc. v. Panda Power Generation Infrastructure Fund, LLC, D/B/A Panda Power Funds Panda Sherman Power Holdings, LLC Panda Sherman Power Intermediate Holdings I, LLC Panda Sherman Power Intermediate Holdings II, LLC Panda Sherman Power, LLC Panda Temple Power Holdings, LLC Panda Temple Power Intermediate Holdings I, LLC Panda Temple Power Intermediate Holdings II, LLC Panda Temple Power, LLC Panda Temple Power II Holdings, LLC Panda Temple Power II Intermediate Holdings I, LLC

    Texas 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 timesPublished
  • Klumb 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 timesPublished
  • Southwestern Bell Telephone, L.P. D/B/A At&t Texas v. Ed Emmett, El Franco Lee, Jack Morman, Steve Radack, and R. Jack Cagle, as Members of the Harris County Commissioners' Court Michael Marcotte, as Director of the City of Houston Department of Public Works and Engineering And City of Houston

    Texas 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 timesPublished
  • Kassen v. Hatley

    887 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 timesPublished
  • Roman v. Moody

    1 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 timesPublished
  • Institutional 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 timesPublished
  • The 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 timesPublished
  • Warren K. Paxton, in His Official Capacity as Attorney General of Texas Shawn Dick, in His Official Capacity as Williamson County District Attorney v. Isabel Longoria Cathy Morgan

    Texas 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 timesPublished
  • Texas 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 timesPublished
  • Tarrant 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 timesPublished
  • Texas 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 timesPublished
  • Hcbeck, Ltd. v. Charles Rice

    Texas 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 timesPublished
  • Wichita 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 timesPublished
  • Liberty 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 timesPublished
  • Missouri 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 timesPublished
  • Texas 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 timesPublished
  • City of LaPorte v. Barfield

    898 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 timesPublished
  • Texas 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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