Case law

City of Austin, Texas v. David Saverse

Texas Court of Appeals, 3rd District (Austin) · Sep 30, 2011

and contending that Saverse did not plead jurisdictional facts sufficient to establish a waiver of immunity. … In its first two issues, the City asserts that Saverse's pleadings and the undisputed evidence negate jurisdiction by establishing that it had no duty to him.

Devvy Kidd John Kidd M. J. Shadden John Cole R.M.Daiey Tracy Stephens Patricia Stroyick Dorothy Morrow Charles Morrow Amy Williams David Williams Norman Kuehn Elizabeth Theiss Rebecca Gutierrez Marie Nugent Steve G. Crutchfield v. Texas Public Utility Commission AEP Texas Central Company AEP Texas North Company CenterPoint Energy Houston Electric, LLC Texas-New Mexico Power Company And Oncor Electric Delivery Company, LLC

Texas Court of Appeals, 3rd District (Austin) · Nov 25, 2015

To establish the district court’s subject-matter jurisdiction over their claims (which, again, named the Commission as the defendant and would have thereby implicated sovereign immunity),6 appellants purported to rely on … Most critical is the text of section 2001.038, the waiver of sovereign immunity on which they rely in their attempt to establish jurisdiction.

the United Healthcare Choice Plus Plan for City of Austin Employees and the City of Austin v. Charles Lesniak

Texas Court of Appeals, 3rd District (Austin) · Jun 24, 2015

Further, the legislature has expressly stated that the establishment of a self- funded plan does not waive Appellants’ immunity. See Tex. … This case, in contrast involves a suit against a self-funded plan established by the City for its employees, and the legislature has stated expressly that a municipality does not waive immunity by establishing a self-funded

Texas Commission on Environmental Quality v. Angela Bonser-Lain Karin Ascott, as Next Friend on Behalf of T. v. H. and A. v. H., Minor Children And Brigid Shea, as Next Friend on Behalf of E. B. U., a Minor Child

Texas Court of Appeals, 3rd District (Austin) · Jul 23, 2014

A party seeking to assert the bar of collateral estoppel must establish that (1) the issue of fact or law sought to be litigated in the second action was fully and fairly litigated in the first action, (2) those issues were … Beal, Texas Administrative Practice & Procedure § 3.1 (2009) (concluding that silence “clearly implied the legislature intended to preclude judicial review of the refusal to adopt the rule”).

Scott v. Presidio I.S.D.

266 S.W.3d 531 · Texas Court of Appeals, 3rd District (Austin) · Oct 1, 2008

One of the primary concerns was how to reconcile the new rule established by the supreme court in Dubai with the doctrine of sovereign immunity. See, e.g., King, 28 S.W.3d at 31 . … There is no dispute that section 21.307 clearly and unambiguously waives the state's sovereign immunity from suit by its express language that "[e]ither party may appeal the commissioner's decision...." Tex.

City of Austin v. Adam Sahyouni

Texas Court of Appeals, 3rd District (Austin) · Jan 30, 2026

ANALYSIS Standard of Review A political subdivision of the State, such as the City, is protected from suit and liability by governmental immunity unless the Legislature has clearly and unambiguously waived … Thus, we conclude that Sahyouni did not affirmatively establish the waiver of the City’s immunity by alleging or showing that the officer failed to comply with “the laws and ordinances applicable to emergency action.”

Ex Parte Robert Burns Springsteen IV

Texas Court of Appeals, 3rd District (Austin) · Jan 8, 2015

Sovereign immunity does not bar Appellant’s action because sovereign immunity has been waived under these circumstances. … For the reasons stated above, Appellant is now able to establish an actual innocence claim.

Chisholm Trail SUD Stakeholders Group v. Chisholm Trail Special Utility District and District Directors Delton Robinson, Ed Pastor, Mike Sweeney, James Pletcher, Robert Kostka, David Maserang, Gary Goodman, and Robert Johnson, Jr. The Public Utility Commission of Texas

Texas Court of Appeals, 3rd District (Austin) · Jun 3, 2016

In that brief, the Chisholm Defendants elaborate that "Plaintiff cites no statutory authority that clearly and unambiguously waives the City's or District's immunity." CR 49. … Plaintiffs First Amended Petition Page 30 Consequently, the Texas Water Code clearly establishes that if such a CCN amendment is approved, the District's consumers

Texas Department of Transportation v. Cecilia M. Ramirez, Individually , as Next Friend of Cynthia Cecilia Ramirez and Melinda Amanda Ramirez, Minors And as Heir of the Estate of Ruben Armando Ramirez, Sr.

Texas Court of Appeals, 3rd District (Austin) · Apr 5, 2001

In other words, establishing when and to what extent sovereign immunity from suit should be waived is solely within the realm of the Legislature. Id. ; Federal Sign , 951 S.W.2d at 409 . … The original petition failed to mention either section 101.021(2) or 101.025, the provision establishing the parameters of the Act's waiver of immunity from suit and the express waiver itself.

STATE EX REL. DEPT. OF PARKS v. Shumake

131 S.W.3d 66 · Texas Court of Appeals, 3rd District (Austin) · Apr 15, 2004

Nuisance and Attractive Nuisance We will first address the easier question of whether the Shumakes have established a waiver of immunity for their nuisance and attractive nuisance claims. … a waiver of immunity by alleging facts that if proved might establish gross negligence under the duty of care owed to a known trespasser.

State v. BP American Production Company, as Successor to Vastar Resources, Inc.

Texas Court of Appeals, 3rd District (Austin) · May 8, 2009

necessary to establish BP's standing. … We cannot conclude that the legislature, by providing section 2001.038's limited waiver of sovereign immunity to permit certain challenges to agency rules, clearly and unambiguously manifested its intent to waive immunity

City of Austin, Texas v. David Saverse

Texas Court of Appeals, 3rd District (Austin) · Sep 30, 2011

and contending that Saverse did not plead jurisdictional facts sufficient to establish a waiver of immunity. … In its first two issues, the City asserts that Saverse’s pleadings and the undisputed evidence negate jurisdiction by establishing that it had no duty to him.

1st Global, Inc. v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Oct 29, 2021

immunity.” … We overrule 1st Global’s first issue. 1st Global’s third issue is whether its live petition pleaded sufficient facts to establish a waiver of sovereign immunity.

Collum v. State

96 S.W.3d 361 · Texas Court of Appeals, 3rd District (Austin) · May 2, 2002

Properly Qualified Jury In his second issue, appellant contends that he was denied the right to trial by a “properly qualified” jury in violation ' of article I, section 10, of the Texas Constitution. See Tex. … Because the record clearly reflects that the first jury was not sworn, and because appellant has failed to establish that any jurors were unqualified, we cannot say that his counsel’s failure to object falls outside professional

Andrade v. NAACP of Austin

287 S.W.3d 240 · Texas Court of Appeals, 3rd District (Austin) · Apr 10, 2009

Lanier, 997 S.W.2d 259, 262, 264 (Tex.1999) (qualified voter who signed an initiative petition had standing to challenge the form in which referendum put to citizens). … See Brown, 80 S.W.3d at 555 (plaintiffs must plead facts that establish jurisdiction); Hendee, 228 S.W.3d at 366 .

Blue Cross Blue Shield of Texas v. Juneau

114 S.W.3d 126 · Texas Court of Appeals, 3rd District (Austin) · Jul 24, 2003

Arbitral immunity is derived from judicial immunity, which establishes that judges are absolutely immune from personal liability for judicial acts that are not performed in clear absence of all jurisdiction, regardless of … Judge White’s action in Forrester is clearly distinguishable from Juneau’s alleged inaction. Juneau’s disclosure requirement was not an administrative act independent of the arbitration proceeding.

Dorsey L. Smith v. City of Blanco

Texas Court of Appeals, 3rd District (Austin) · Feb 1, 2013

Vasquez, 986 S.W.2d 611, 612 (Tex. 1999) (per curiam) (explaining that dismissal with prejudice qualifies as final determination on merits). … (stating that inverse condemnation “is a limited exception to the doctrine of sovereign immunity”), the City insists that Smith’s claims are barred by governmental immunity because Smith failed to allege that the City engaged

Charles J. Hughes v. Tom Green County

Texas Court of Appeals, 3rd District (Austin) · Jun 17, 2016

The Lawson exception to immunity also ignores established law that a suit for breach of a settlement agreement is independent of the settled claim. … Here, in an effort to establish that immunity was waived on a claim allegedly settled by the MPA, Hughes relies on Reata’s judicially created voluntary litigation exception to immunity.

Beacon National Insurance Co. v. Montemayor

86 S.W.3d 260 · Texas Court of Appeals, 3rd District (Austin) · Jul 26, 2002

State agencies have immunity from suit under the doctrine of sovereign immunity. Federal Sign v. Texas S. Univ., 951 S.W.2d 401, 405 (Tex.1997). … Nothing in Beacon’s complaints qualifies as an attack on an agency “rule” as the statute defines that term. See id. § 2001.003(6).

State v. BP American Production Company, as Successor to Vastar Resources, Inc.

Texas Court of Appeals, 3rd District (Austin) · May 8, 2009

necessary to establish BP’s standing. … We cannot conclude that the legislature, by providing section 2001.038’s limited waiver of sovereign immunity to permit certain challenges to agency rules, clearly and unambiguously manifested its intent to waive immunity