Case law

Travis Central Appraisal District v. Diane Lee Norman

Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2008

TCAD's policy handbook provides, in relevant part, that "[a]n employee who has a complaint concerning disciplinary probation, suspension, termination, demotion, or denial of a promotion of a qualified employee . . . shall … under chapter 451 and a whistleblower claim under chapter 554, the fact that immunity is clearly waived under the whistleblower statute suggests that immunity is also waived under chapter 451.

American Southwest Insurance Managers, Inc. and Old American County Mutual Fire Insurance Company v. Texas Department of Insurance and Mike Geeslin, Individually and in His Official Capacity as Texas Commissioner of Insurance

Texas Court of Appeals, 3rd District (Austin) · Oct 15, 2010

ASIM argues that the examination report qualifies as an action of the Commissioner under section 36.201 as a "decision" or "other ruling," and therefore an appeal may be taken from the report under section 36.202. … To establish that a claim is ripe based on an injury that is likely to occur, the plaintiff must demonstrate that the injury is imminent, direct, and immediate, and not merely remote, conjectural, or hypothetical.

Albert Hawkins, Executive Commissioner of the Texas Health and Human Services Commission The Texas Health and Human Services Commission Anne Sapp, Acting Commissioner of the Texas Department of Human Services And the Texas Department of Human Services v. El Paso First Health Plans, Inc. and Community Health Choice, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jan 11, 2007

Rather, it is qualified by the requirement that a state opting to participate in Medicaid must fully comply with the federal statutes and regulations governing the program. See Schweiker v. … To qualify for federal assistance, a state must submit and have approved a “plan for medical assistance,” which must establish a scheme for reimbursing health care providers for medical services provided to Medicaid recipients

Robert Scott, in His Official Capacity as Commissioner of Education for the State of Texas v. Presidio I.S.D.

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 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. Educ.

Jimmy Dean Martin v. State

Texas Court of Appeals, 3rd District (Austin) · Dec 15, 2010

The State argued that without probing the venirepersons with follow-up questions to firmly establish their bias, Martin failed to establish that they were properly excludable for cause. … Here, these factors establish that the trial court did not abuse its discretion by qualifying Petrucha as a fingerprint expert.

Gurumurthy Kalyanaram v. the University of Texas System, the University of Texas at Dallas, Dr. Franklyn G. Jenifer, Dr. Hobson Wildenthal, Dr. Hasan Pirkul, and Robert Lovitt

Texas Court of Appeals, 3rd District (Austin) · May 20, 2009

A party suing a governmental entity must establish the State’s consent through a statute or express legislative permission. Id. … Madeley, 626 S.W.2d 726, 731-32 (Tex. 1981) (court will not entertain evidence of extrinsic agreements when contract is clearly integrated).

Britton Cherish Walters v. Columbia/St. David's Healthcare System, L.P. Hospital Internists of Austin, P.A. Steven Todd Cole, D.O. And Louis J. Lux, M.D.

Texas Court of Appeals, 3rd District (Austin) · Mar 17, 2005

David’s actions of referring Walters to peer review and restricting her treatment of HIA patients would be justified as legitimate business decisions and protected by the qualified immunity attached to peer review actions … Because HIA conclusively established its affirmative defense of justification, Walters’s seventh issue is overruled. Qualified Privilege In response to all of Walters’s claims, St.

State v. Ricky Shumake and Sandra Shumake, Individually and as Personal Representatives of the Estate of Kayla Shumake

Texas Court of Appeals, 3rd District (Austin) · Dec 4, 2003

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.

Texas Association of Business National Federation of Independent Business, American Staffing Association LeadingEdge Personnel, Ltd. Staff Force, Inc. HT Staffing Ltd. D/B/A the HT Group The Burnett Companies Consolidated, Inc., D/B/A Burnett Specialists Society for Human Resource Management Texas State Council of the Society for Human Resource Management Austin Human Resource Management Association Strickland School, LLC And the State of Texas v. City of Austin, Texas, and Spencer Cronk, City Manager of the City of Austin

565 S.W.3d 425 · Texas Court of Appeals, 3rd District (Austin) · Nov 16, 2018

Thus, under the plain language of the TMWA, the Ordinance establishes a wage. … The “inability [of a state] to enforce its duly enacted [laws] clearly inflicts irreparable harm on the State.” Abbott v. Perez, 138 S. Ct. 2305, 2324 n.17 (2018).

Bohannan v. Texas Board of Criminal Justice

942 S.W.2d 113 · Texas Court of Appeals, 3rd District (Austin) · Apr 24, 1997

Bohan-nan’s declaratory judgment cause of action is clearly precluded by statute and is therefore frivolous. … by immunity.

Robert Scott, in His Official Capacity as Commissioner of Education for the State of Texas v. Presidio I.S.D.

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 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. Educ.

Laura Ramirez and Adolfo Ramirez/Fifth Club, Inc. and David A. West v. Fifth Club, Inc. David A. West And Luis A/K/A Louis Medrano/Roberto Ramirez

Texas Court of Appeals, 3rd District (Austin) · Apr 29, 2004

Section 51.212 of the education code establishes the jurisdiction for campus security personnel. … However, Fifth Club did nothing to ensure that the security personnel hired were qualified for employment.

Jimmy Dean Martin v. State

Texas Court of Appeals, 3rd District (Austin) · Dec 15, 2010

The State argued that without probing the venirepersons with follow-up questions to firmly establish their bias, Martin failed to establish that they were properly excludable for cause. … Here, these factors establish that the trial court did not abuse its discretion by qualifying Petrucha as a fingerprint expert.

Laura Ramirez and Adolfo Ramirez/Fifth Club, Inc. and David A. West v. Fifth Club, Inc. David A. West And Luis A/K/A Louis Medrano/Roberto Ramirez

Texas Court of Appeals, 3rd District (Austin) · Apr 29, 2004

Section 51.212 of the education code establishes the jurisdiction for campus security personnel. … However, Fifth Club did nothing to ensure that the security personnel hired were qualified for employment.

Henry L. Zumwalt and H.L. Zumwalt Construction, Inc. // the City of San Antonio, Acting by and Through Its San Antonio Water System Board of Trustees v. the City of San Antonio, Acting by and Through Its San Antonio Water System Board of Trustees// Henry L. Zumwalt and H.L. Zumwalt Construction, Inc.

Texas Court of Appeals, 3rd District (Austin) · May 17, 2012

built wood-treatment plant, trained plaintiff’s employees to operate machinery, licensed plaintiff to use its trademark in connection with treated wood, and supplied toxic chemical plaintiff used to treat wood did not qualify … This would be an absurd result that clearly could not have been intended by the legislature.

Bechtel Corp. v. CITGO PRODUCTS PIPELINE CO.

271 S.W.3d 898 · Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2008

Expert testimony is admissible if (1) the expert is qualified, and (2) the testimony is relevant and based on a reliable foundation. Wilkins, 47 S.W.3d at 499 ; Robinson, 923 S.W.2d at 556 . … The first difference was that the first sentence of section 9(a) omitted a qualifier found in the statute, "Except as provided in sections 12 and 13 of this Act....” Former art. 9033, § 9(a).

Mark Gustafson and CPR Resources, Inc. v. City of Austin and Remedios P. Morris

Texas Court of Appeals, 3rd District (Austin) · Jun 26, 2003

By six issues on appeal, Gustafson argues that the trial court erred in finding that: (1) the City of Austin enjoyed sovereign immunity; (2) Morris enjoyed official immunity; (3) Gustafson’s case was barred because there … Therefore, if Morris and the City of Austin establish the substantial truth of the statement as a matter of law, they are entitled to summary judgment. McIlvain v.

Dianne Hensley v. State Commission on Judicial Conduct

Texas Court of Appeals, 3rd District (Austin) · Nov 3, 2022

When a governmental entity challenges 9 jurisdiction on immunity grounds, the plaintiff’s burden of affirmatively demonstrating jurisdiction includes establishing a waiver … Because the evidence establishes that the Commission has in fact not threatened further disciplinary action against Hensley, she has failed to carry her burden of demonstrating that the TRFRA waives the Commission’s immunity

Lamb County Electric Cooperative, Inc. v. Public Utility Commission of Texas

Texas Court of Appeals, 3rd District (Austin) · Dec 23, 2008

She asserts that the enabling language “encompasses a waiver of immunity,” arguing that the legislature empowered TRS to establish benefits plans and develop procedures to administer claims and that “[o]ne procedure for … Only if the plaintiff alleges actions that were criminal, fraudulent, grossly negligent, or “otherwise clearly outside the scope of its delegated authority, then the intermediary may not be entitled to the immunity it

Mark Gustafson and CPR Resources, Inc. v. City of Austin and Remedios P. Morris

Texas Court of Appeals, 3rd District (Austin) · Jun 26, 2003

By six issues on appeal, Gustafson argues that the trial court erred in finding that: (1) the City of Austin enjoyed sovereign immunity; (2) Morris enjoyed official immunity; (3) Gustafson's case was barred because there … Therefore, if Morris and the City of Austin establish the substantial truth of the statement as a matter of law, they are entitled to summary judgment. McIlvain v.