Case law

Robert L. Wynne, D.D.S. v. Rebecca A. Klein, Timothy Timmerman, Kathleen Hartnett White, Steve K. Balas, Lori A. Berger, Ida A. Carter, John C. Dickerson III, Thomas Michael Martine, W.S. "Woody" McCasland, Michael G. McHenry, Linda C. Raun, Vernon E. "Buddy" Schrader, Richard "Dic

Texas Court of Appeals, 3rd District (Austin) · Oct 31, 2012

--Austin 1942, writ dism'd by agr.), and, as such, enjoys immunity from suit unless the legislature has expressly waived that immunity, see Wichita Falls State Hosp. v. Taylor , 106 S.W.3d 692, 695-96 (Tex. 2003). … The Board members argue that the legislative act creating the LCRA clearly permits the activities of which Wynne complains. See Tex. Spec. Dist. Code Ann. §§ 8503.001 -.031 (West 2012).

State of Texas, by and Through Greg Abbott, the Attorney General v. Marion Young

Texas Court of Appeals, 3rd District (Austin) · Jul 31, 2008

As the plaintiff attempting to sue the State, Young had the burden of affirmatively establishing that his claim fell within chapter 103's sovereign-immunity waiver. Id. … Furthermore, by restricting the waiver to a claimant who " has been granted relief on the basis of actual innocence for the crime," as opposed to a formulation like " is actually innocent . . . ," the legislature clearly

Blue Cross Blue Shield of Texas v. James J. Juneau

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.

City of New Braunfels Jan Kotylo, in Her Official Capacity Pat Clifton, in His Official Capacity And Fritz Welsch, in His Official Capacity v. Joseph Tovar

Texas Court of Appeals, 3rd District (Austin) · Jan 6, 2015

Clearly the Legislature did not engage in a futile action during the 2005 session. III. … when joined with a money damages claim barred by immunity.

Blue Cross Blue Shield of Texas v. James J. Juneau

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 … An award under the Act may be vacated if a party establishes “evident partiality” on the part of an arbitrator.6 Tex.

Kody Malloy Smith v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 20, 2008

. § 1983 (“section 1983”); appellees were entitled to qualified immunity from any claims under section 1983; appellees were not liable under section 1983 in their official or supervisory capacities; and there was no justiciable … We will review Graves’s complaints under the well-established standards applied in evaluating a trial court’s decision on a plea to the jurisdiction. See Texas Dep’t of Parks & Wildlife v.

Dentistry of Brownsville, PC KS2 TX, PC Summit Dental Center, LP And Harlingen Family Dentistry// Texas Health and Human Services Commission Charles Smith, Executive Commissioner And Gina Marie Muñiz v. Texas Health and Human Services Commission Charles Smith, Executive Commissioner And Gina Marie Muñiz// Cross-Appellee, Harlingen Family Dentistry

Texas Court of Appeals, 3rd District (Austin) · Dec 13, 2017

It is undisputed that TMHP’s pre-payment manual review results concerned whether the Providers had properly applied for and qualified for EHR incentive funds. … Providers’ claims clearly included ultra vires claims, for which no waiver is required because sovereign immunity simply is not a bar. Heinrich, at 372.

Mary Stephens, Life Estate and Charles M. Stephens Farm v. LCRA Transmission Services Corporation

Texas Court of Appeals, 3rd District (Austin) · Jul 17, 2008

Stephens's claims implicate LCRA-TSC's sovereign immunity. … According to Johnson, those photos "clearly show that the trees had grown to such an extent that they could interfere with the electric transmission conductors."

City of New Braunfels, Texas And YC Partners Ltd., D/B/A Yantis Company v. Carowest Land, Ltd.

Texas Court of Appeals, 3rd District (Austin) · Jan 4, 2018

Because Carowest has established that jurisdiction exists over its South Tributary Claims under Reata and its progeny, no separate statutory waiver of immunity is required. … (asserting that a declaratory judgment claim is “barred by sovereign immunity if the remedy would have the effect of establishing a right to relief against the [s]tate that implicates sovereign immunity and for which immunity

Troy Thoele v. Texas Board of Pardons and Paroles

Texas Court of Appeals, 3rd District (Austin) · May 6, 2021

After filing a general-denial answer and special appearance asserting several affirmative defenses, including sovereign and qualified immunity, the Board filed a motion to dismiss, see Tex. Civ. Prac. & Rem. … for which there was no waiver of immunity).

State v. Anand Mehendale, M.D. William F. Schultheis, D.O. And Terry L. Parvin, D.O./The State of Texas The Texas Department of Mental Health, Mental Retardation Kerrville State Hospital And Brenda C. Roche

Texas Court of Appeals, 3rd District (Austin) · Jan 27, 2000

[The State] disciplined and terminated [the Doctors] in complete derogation of the procedures established for the discipline of medical staff members set forth in the Medical Staff Bylaws. … The [Doctors'] employment was governed by the Medical Staff Bylaws which [the State] clearly breached when terminating [the Doctors].

Norman Engel v. Texas Department of Insurance-Division of Workers' Compensation and Commissioner Cassie Brown, in Her Official Capacity The State of Texas and the Attorney General of the State of Texas by and Through Ken Paxton in His Official Capacity as Attorney General of the State of Texas And Illinois National Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Jul 17, 2024

It is well established that “sovereign immunity bars UDJA actions against the state and its political subdivisions absent a legislative waiver.” Texas Dep’t of Transp. v. … TDI’s sovereign immunity was not waived for this claim.

Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas v. Black, Mann, and Graham, L.L.P.

Texas Court of Appeals, 3rd District (Austin) · Feb 25, 2022

Refund suits require a taxpayer to submit a refund claim to the Comptroller and obtain a decision as a prerequisite to establishing a waiver of sovereign immunity. See Tex. … There is no similar requirement to establish a waiver of immunity from a protest suit. See Tex.

Hays County, Texas v. Hays County Water Planning Partnership

Texas Court of Appeals, 3rd District (Austin) · May 8, 2003

The Texas Constitution establishes the commissioners court as the county=s principal governing body. Tex. Const. art. V, ' 18. … by sovereign and legislative immunity.

City of Leander Kent Cagle, Individually and in His Official Capacity as City Manager of the City of Leander and Thomas Yantis, Individually and in His Official Capacity as Assistant City Manager and Planning Director for the City of Leander v. Premas Global Leander I, LLC

Texas Court of Appeals, 3rd District (Austin) · Jul 20, 2015

The Texas Supreme Court has clearly stated that suits to establish a contract’s validity, enforce its performance, or establish a governmental entity’s liability cannot proceed without legislative permission. Tex. … Because waivers must be strictly construed, immunity is waived only to the extent a claim falls clearly within the parameters set forth by the Legislature. See id.

Carole Keeton Strayhorn, in Her Official Capacity as Comptroller of Public Accounts v. Ethical Society of Austin, F/K/A Ethical Culture Fellowship of Austin

Texas Court of Appeals, 3rd District (Austin) · Mar 6, 2003

Initially, the Comptroller's office determined that the Society did not qualify for tax-exempt status. … Yoder , 406 U.S. 205 (1972), the Comptroller asserts that its rule is consistent with the principle that "religious" beliefs must be clearly delineated from "personal or philosophical" beliefs.

Mary Stephens, Life Estate and Charles M. Stephens Farm v. LCRA Transmission Services Corporation

Texas Court of Appeals, 3rd District (Austin) · Jul 17, 2008

Stephens’s claims implicate LCRA-TSC’s sovereign immunity. … According to Johnson, those photos “clearly show that the trees had grown to such an extent that they could interfere with the electric transmission conductors.”

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.

Hunt County Community Supervision and Corrections Department v. Christina Gaston

Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2014

the Whistleblower Act’s waiver of immunity, Gaston was required to affirmatively demonstrate facts that would be sufficient to establish (1) that she was a “public employee” as defined by the Act; and (2) each element … and unambiguously waived immunity with respect to the facts Gaston has presented.

Robert Scott, Commissioner of Education v. Alphonso Crutch LSC Charter School, Inc.

Texas Court of Appeals, 3rd District (Austin) · Aug 20, 2010

The Commissioner argues that all of the School's claims are barred by sovereign immunity. Sovereign immunity embraces two principles: immunity from suit and immunity from liability. Federal Sign v. Texas S. … The School contends that this statement is inaccurate and, therefore, the Commissioner "has clearly acted beyond the scope of authority granted by the Legislature."