Case law

the City of Friendswood and Kevin Holland v. Paul and Carolyn Horn, Mike and Lucy Stacy, Pete and Judy Garcia and Janice Frankie

489 S.W.3d 515 · Court of Appeals of Texas · Feb 11, 2016

The burden is on the plaintiff to establish subject-matter jurisdiction by showing that the entity has waived immunity from suit. Tex. Ass’n of Bus. v. Tex. … Section 271.152 of the Local Government Code waives a qualifying local governmental entity’s immunity from suit for written contracts “stating the essential terms of the agreement for providing goods or services to the

Heaton v. Bristol

317 S.W.2d 86 · Court of Appeals of Texas · Oct 2, 1958

(As we read the provisions of the act establishing the College of Industrial Arts at Denton, heretofore quoted, we think it is clear that such school was established by the Legislature in recognition of the fact that the … has been established to meet and fill the total and diverse educational needs of the State.

U. S. Bank National Association v. Danny Sheena

479 S.W.3d 475 · Court of Appeals of Texas · Oct 29, 2015

The Cantey Hanger court stated that attorneys are not protected from liability to non-clients for their actions when the actions do not qualify as “‘the kind of conduct in which an attorney engages when discharging his duties … The Cantey Hanger court held that the law firm was entitled to summary judgment on its defense of attorney immunity because the law firm conclusively established that its allegedly fraudulent conduct was within the scope

Texas Department of Health v. Hejl

635 S.W.2d 656 · Court of Appeals of Texas · Jun 23, 1982

On the same day, the defendants answered by general denial and by claim of sovereign and qualified immunity, respectively. … The United States Supreme Court has held state officials enjoy a qualified common-law immunity from damage actions arising out of their official conduct. Scheuer v.

City of Houston v. Ranjel

407 S.W.3d 880 · Court of Appeals of Texas · Aug 1, 2013

The undisputed jurisdictional evidence establishes as a matter of law that Houston’s governmental immunity has not been waived. … Given the undisputed jurisdictional evidence offered by the parties, we conclude that neither contention establishes a waiver of Houston’s immunity. A.

Sanders v. City of Grapevine

218 S.W.3d 772 · Court of Appeals of Texas · Mar 1, 2007

They contend that the statute’s language clearly waives immunity and makes a city liable for the damages arising from the city’s exercise of its now statutorily defined governmental functions. … Further, as to the negligence causes of action, the City contends that appellants failed to assert a claim within a city’s limited waiver of immunity established by section 101.021 of the TTCA. Id. § 101.021.

Schriver v. Texas Department of Transportation

293 S.W.3d 846 · Court of Appeals of Texas · Jul 30, 2009

under article I, section 17. 19 Accordingly, to establish a waiver of immunity for a breach of contract claim predicated on an underlying eminent domain action, a party must establish the existence of an agreement by which … The dissent in Singer concluded that because the contract at issue was not a settlement agreement, “Lawson clearly has no application to the facts of [the] case.” Singer, 232 S.W.3d at 801 (Cayce, C.J., dissenting). .

Pruitt v. City of Houston

548 S.W.2d 90 · Court of Appeals of Texas · Feb 17, 1977

regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … “The purpose of the writ of mandamus is to enforce performance of a duty clearly defined by law. One of its great objects is to prevent a failure of justice where there is no established specified remedy.

Knowles v. City of Granbury

953 S.W.2d 19 · Court of Appeals of Texas · Oct 2, 1997

Good Faith A government official does not perform in good faith if his or her conduct “violatefs] clearly established statutory or constitutional rights of which a reasonable person would have known.” 29 Plaintiffs *25 must … Further, they did not establish their own affirmative defenses of sovereign immunity and official immunity as a matter of law.

Turner v. Robinson

534 S.W.3d 115 · Court of Appeals of Texas · Aug 17, 2017

We remanded the case to the trial court to allow appel-lees an opportunity to replead and establish standing. Id. at 476. … Thus the Act clearly and unambiguously waives the sovereign immunity of municipalities in any declaratory-judgment action involving the validity-of a municipal ordinance. Id.

Lenoir v. Marino

469 S.W.3d 669 · Court of Appeals of Texas · Jul 2, 2015

Sovereign Immunity and Section 101.106 Dismissal By common law, the State is immune from suit unless it consents by waiving immunity. Tex. Adjutant General’s Office v. … Huang was required to retain his faculty status at the Health Science Center •to qualify for participation. If Dr.

York v. State

298 S.W.3d 735 · Court of Appeals of Texas · Sep 24, 2009

of Governmental Officials Wise County also alleged that it is entitled to derivative immunity through the qualified or official immunity of Trooper Godwin and Sergeant Martinez, and the qualified, official, or judicial immunity … Qualified immunity, likewise, is an analogous affirmative defense to federal section 1983 claims against public officials, a claim York has not made here. 42 U.S.C.A. § 1983 (West 2004); Leo v.

Tammy Anderson v. Houston Community College System and Johnella R. Bradford, Individually

458 S.W.3d 633 · Court of Appeals of Texas · Jan 16, 2015

To establish a prima facie case of discrimination based on the employer’s failure to promote, the employee must show that (1) she is a member of a protected class; (2) she sought and was qualified for an available employment … The TCHRA “clearly and unambiguously waives immunity for suits brought against school districts under the TCHRA,” but the Legislature waived immunity “only for those suits where the plaintiff actually alleges

Texas Office of the Comptroller of Public Accounts v. Saito

372 S.W.3d 311 · Court of Appeals of Texas · Jul 5, 2012

In a single issue, the Comptroller asserts that sovereign immunity has not been clearly and unambiguously waived as required by government code section 311.034. See Tex. Gov’t Code Ann. § 311.034 (West Supp.2011). … Therefore, we follow Fernandez and conclude' the legislature has clearly and unambiguously waived the sovereign immunity of state agencies for anti-retaliation claims. See Fernandez, 28 S.W.3d at 8-9 .

O'HAVER v. Blair

619 S.W.2d 467 · Court of Appeals of Texas · Jul 22, 1981

In our view the appellee did not conclusively establish all the essential elements required for immunity under § 21.-912(b). … Summary judgment in these cases was clearly warranted. See Barr v.

Oakbend Medical Center v. Martinez

515 S.W.3d 536 · Court of Appeals of Texas · Feb 14, 2017

OakBend’s uncontroverted summary judgment evidence established that it is owned by a hospital authority created by the City of Richmond and qualifies as a *542 “governmental unit.” See Tex. Civ. Prac. & Rem. … Standard of Review When a governmental unit raises the affirmative defense of governmental immunity in a traditional summary judgment motion, it must establish the affirmative defense as a matter of law. See Tex. R.

City of Austin v. Utility Associates, Inc.

517 S.W.3d 300 · Court of Appeals of Texas · Mar 24, 2017

if it would have the effect of establishing a right to relief against the government for which the Legislature has not waived immunity. 28 Plaintiffs complied with the first ultra vires requirement by naming the City Manager … In sum, Plaintiffs can establish the district court’s subject-matter jurisdiction to adjudicate their claims only through reliance on some legislative waiver of immunity.

Austin Bridge & Rd., LP v. Suarez

556 S.W.3d 363 · Court of Appeals of Texas · May 3, 2018

The court further concluded that the TWCA's exclusive-remedy defense extended to HCBeck: The OCIP in this case, established and paid for by FMR pursuant to its contract with HCBeck, qualifies under the [TWCA] as "providing … All such participating employers/subcontractors are thus immune from suit.

Hunt v. City of Diboll

574 S.W.3d 406 · Court of Appeals of Texas · Nov 8, 2017

While the UDJA waives sovereign immunity for certain claims, it is not a general waiver of sovereign immunity. See id. § 37.006(b) (West 2015); City of El Paso v. … Appellants argue that they need not actually purchase or lease any goods or services to qualify as consumers.

Berry v. Texas Democratic Party

449 S.W.3d 633 · Court of Appeals of Texas · Oct 24, 2014

Standard of Review The state generally enjoys immunity from suit and liability unless immunity has been clearly and unambiguously waived by legislative enactment or constitutional provision. See Reata Constr. Corp. v. … This provision clearly and unambiguously waives immunity from suit. The critical issues in this case are whether the statute provides any prerequisites to suit and whether TDP complied with such prerequisites.