Case law

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) · Apr 14, 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.

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) · May 26, 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.

Francis Campone and Sai Temple of Spiritual Healing, Inc. v. Steven Kline and Fay Kline A/K/A Phaedra Kline

Texas Court of Appeals, 3rd District (Austin) · Aug 2, 2018

immunity. … Because the Klines established the defenses of limitations as to the claims against Steven and qualified immunity as to the claims against both Steven and Fay, the trial court did not 5 Appellants attempt

State of Texas v. Fidelity and Deposit Company of Maryland and Colonial American Casualty and Surety Company

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

The term "sovereign immunity" includes two principles: immunity from suit and immunity from liability. Id. … It is well established that the State's initiation of suit is an exception to sovereign immunity from suit clearly recognized by Texas courts. This exception has been recognized in a variety of procedural postures.

Strayhorn v. Ethical Society of Austin

110 S.W.3d 458 · Texas Court of Appeals, 3rd District (Austin) · May 1, 2003

Initially, the Comptroller’s office determined that the Society did not qualify for tax-exempt status. … "Ethical Culture” (sometimes known as "Ethical Humanism”) is a nationwide and international movement established in 1876. 2 .

Rhonda Maxwell v. Texas Department of Transportation

Texas Court of Appeals, 3rd District (Austin) · Jun 22, 1994

Because the Department has established its immunity based on section 101.056(2), we overrule the first point of error. … When an appellee, such as the Department, has conclusively established that it cannot be held liable because of governmental immunity, any facts relating to its liability are immaterial. Eakle , 815 S.W.2d at 877 .

TML Intergovernmental Employee Benefits Pool v. Prudential Insurance Company of America

Texas Court of Appeals, 3rd District (Austin) · May 13, 2004

Governmental immunity encompasses two principles: immunity from suit and immunity from liability. Texas Natural Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 853 (Tex. 2002). … —Austin 2004, pet. filed) (“It is well established that the State’s initiation of suit is an exception to sovereign immunity from suit clearly recognized by Texas courts.”).

Texas School for the Blind and Visually Impaired v. Mel Dugosh, Individually and as Independent of the Estate of Christopher Dugosh And Richard Dugosh, Individually

Texas Court of Appeals, 3rd District (Austin) · Mar 26, 2010

In its second issue, TSBVI contends that it conclusively established that the personnel implicated by the Dugoshes' claims were shielded by official immunity, thus establishing that it would not be vicariously liable under … to abolishing [sovereign] immunity, contrary to the limited waiver the Legislature clearly intended."

Rhett Webster Pease and Janell Pease v. Principal Residential Mortgage, Inc. Diana Estala Stevens Barbara Bembry Travis County Constable's Office And Bob Vann

Texas Court of Appeals, 3rd District (Austin) · May 13, 2004

The lawsuit is clearly related to the property, and therefore, summary judgment was appropriate on the grounds that the suit was barred by the injunction. … of derived judicial immunity.

Rhett Webster Pease and Janell Pease v. Principal Residential Mortgage, Inc. Diana Estala Stevens Barbara Bembry Travis County Constable's Office And Bob Vann

Texas Court of Appeals, 3rd District (Austin) · May 13, 2004

The lawsuit is clearly related to the property, and therefore, summary judgment was appropriate on the grounds that the suit was barred by the injunction. … Judge Bembry and Constable Vann are immune from tort liability, however, based on the doctrines of judicial and official immunity.

Bailey v. City of Austin

972 S.W.2d 180 · Texas Court of Appeals, 3rd District (Austin) · Aug 13, 1998

As to Janes, the facts alleged are that she intended to apply but was waiting the required six months to qualify for domestic partnership status. … Strictly construing the doctrine of municipal immunity against the municipality, see City of Gladewater, 727 S.W.2d at 519, we hold the City does not have governmental immunity under these circumstances.

Kerrville State Hospital v. James O. Clark and Genevie Clark

Texas Court of Appeals, 3rd District (Austin) · May 31, 1995

sovereign immunity. … If Kerrville had prescribed no medication, we would clearly be under Kassen 's non-use of tangible personal property standard.

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.

Texas Logos, L.P. v. Texas Department of Transportation, and Michael W. Behrens, Individually, and in His Capacity as Executive Director of the Texas Department of Transportation

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2007

An otherwise-proper declaratory claim alleging statutory violations may nonetheless have the effect of establishing a right to a remedy that is barred by sovereign immunity. … Although sometimes criticized as arbitrary or unfair in the manner by which it shields alleged "improvident actions" by government from judicial redress, sovereign immunity is nonetheless the established law of Texas that

Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC

Texas Court of Appeals, 3rd District (Austin) · Jul 22, 2016

The so-called “exclusive remedy defense” immunizes employers not only against the tort claims of their direct employees but also immunizes those employers acting as general contractors who have expressly provided in writing … Rather, the evidence conclusively establishes the opposite: that Spur explicitly agreed in writing to be bound by section 406.123 and enrolled in Samsung’s workers’ compensation insurance program.

Christopher Robles v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 11, 2010

To establish that a trial court abused its discretion in denying a motion for continuance, there must be a showing that the defendant was actually prejudiced. Gallo, 239 S.W.3d at 764. … This evidence shows that, although the law regarding immunity was discussed, there was never any offer of immunity or an agreement relating to immunity—formal or otherwise.

Levi Barriere v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2010

Because Neal had frequently gone to the gaming room, the group thought that Tran and Lee would allow her to enter the establishment. … A shotgun qualifies as a deadly weapon per se. Dominguez v. State, 125 S.W.3d 755, 761 (Tex. App.—Houston [1st Dist.] 2003, pet. ref’d).

Jose Antonio Venero Lugo, Scott D. Weaver, and Venero Law, PLLC v. Gerardo Felipe Cordova Sanchez

Texas Court of Appeals, 3rd District (Austin) · Nov 12, 2021

his affirmative defense of attorney immunity. 546 S.W.3d 675, 680-81 (Tex. 2018). … irrelevant “to whom the right to petition belongs.” 5 But Venero was not a Texas-licensed attorney and Venero Law’s right-to-petition argument relies exclusively on cases involving attorney-client relationships and attorney immunity

Texas School for the Blind and Visually Impaired v. Mel Dugosh, Individually and as Independent of the Estate of Christopher Dugosh And Richard Dugosh, Individually

Texas Court of Appeals, 3rd District (Austin) · Mar 26, 2010

In its second issue, TSBVI contends that it conclusively established that the personnel implicated by the Dugoshes’ claims were shielded by official immunity, thus establishing that it would not be vicariously liable under … to abolishing [sovereign] immunity, contrary to the limited waiver the Legislature clearly intended.”

Texas Water Development Board v. Lateefah Neal

Texas Court of Appeals, 3rd District (Austin) · Apr 28, 2010

Under the statutory definition, "[I]t is clearly not enough that a government entity has general authority to regulate, enforce, investigate, or prosecute." Id. at 319 . … As a result, Neal has failed to establish a waiver of sovereign immunity under section 554.0035 of the Whistleblower Act. See id.