Case law

Bechtel Corporation MasTec North America, Inc., D/B/A Wilde Construction C&S Network Construction and Bechtel Telecommunications v. CITGO Products Pipeline Company

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

Ken Patton v. Bobbie Kaye Jones, Individually Barbara Ruth, Individually John Wright, Individually St. John's United Methodist Church Oak Hill United Methodist Church The Austin District of the United Methodist Church

Texas Court of Appeals, 3rd District (Austin) · Jul 28, 2006

This is not to say that religious organizations are immune from all tort claims arising out of employment decisions relating to their pastors. … Torts such as battery, false imprisonment or conversion probably would fall within the exception to church immunity set out in Sherbert [v.

the University of Texas at Austin v. Dijaira B. Smith

Texas Court of Appeals, 3rd District (Austin) · Jan 23, 2015

The Court tersely dealt with each of the defendant’s arguments that contrived to escape the clear and direct legislative waiver of immunity. 5    First, “services” clearly … Nothing in the Act itself indicates that its waiver of immunity is limited to suits by civil servants.

John Hatchett, Sandra Hatchett, and JPH Capital LLP v. West Travis County Public Utility Agency

Texas Court of Appeals, 3rd District (Austin) · Mar 11, 2020

Whether the Property is, in fact, located outside of the CCN cannot be conclusively established on this record on the basis of the evidence the PUA cites. … We, therefore, give the term its common, ordinary meaning unless the statute clearly indicates a different result. See Texas State Bd. of Exam’rs of Marriage & Family Therapists v. Texas Med.

Beacon National Insurance Company First Preferred Insurance Company And Petrolia Insurance Company v. Jose Montemayor, in His Official Capacity as Commissioner of Insurance The Texas Department of Insurance John Cornyn, in His Official Capacity as Attorney General And the Office of the Attorney General

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).

Brian Charles Smith Robert Hammond, David Talton And John Collins, Individually, and on Behalf of All Others Similarly Situated v. Greg Abbott, in His Official Capacity as Attorney General of the State of Texas Cathleen Parsley, in Her Official Capacity as Chief Administrative Law Judge, State Office of Administrative Hearings And Alicia Key, in Her Official Capacity

Texas Court of Appeals, 3rd District (Austin) · Jul 31, 2009

Fam Code Ann. § 232.014, the agency shall issue the affected license to BRIAN CHARLES SMITH if he is otherwise qualified for the license. See Tex. Fam. … Sovereign immunity In the district court, appellees asserted that sovereign immunity barred all of appellants’ claims.

Larry Koch, Inc. v. Texas Natural Resource Conservation Commission

52 S.W.3d 833 · Texas Court of Appeals, 3rd District (Austin) · May 31, 2001

SOVEREIGN IMMUNITY The common-law doctrine of sovereign immunity bars Koch’s actions against the State unless they come within the class of cases described in section 5.352 of the Texas Water Code, wherein the legislature … We hold the doctrine of sovereign immunity did not, for the reasons given, deprive the trial court of subject-matter jurisdiction.

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

Wadley , 285 S.W. 1084 (Tex. 1926), "to the extent it characterized the plaintiff's failure to establish a statutory prerequisite as jurisdictional."); Mingus , 285 S.W. at 1088 (holding that venue requirements governing … Section 21.306's prohibition against ex parte communications with the Commissioner is clearly addressed to that context. 5.

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

Yoder, 406 U.S. 205 (1972), the Comptroller asserts that its rule is consistent with the principle that Areligious@ beliefs must be clearly delineated from Apersonal or philosophical@ beliefs. … Dist., 851 F.2d 47 (2d Cir. 1988) (general belief, based on chiropractic training, that immunizations are unhealthy for child not religious belief for First Amendment purposes and Chiropractic group not religious group

Texas Parks & Wildlife Department v. Wilson

991 S.W.2d 93 · Texas Court of Appeals, 3rd District (Austin) · Mar 25, 1999

DISCUSSION Establishing liability under the Texas Tort Claims Act Under common law, the State of Texas, its agencies, and other governmental units 5 are immune from suit. See Lowe v. … This governmental immunity is waived only if liability can be established under the limited circumstances specified pursuant to the Texas Tort Claims Act. See Texas Tort Claims Act § 101.025; City of Denton v.

Texas Department of Criminal Justice, Bryan Collier, Bobby Lumpkin, and Kelly Strong v. Anibal Canales and Ivan Cantu

Texas Court of Appeals, 3rd District (Austin) · Jul 12, 2024

The doctrine of sovereign immunity generally bars suits against the State or its agencies or subdivisions, absent a clear and unambiguous waiver of immunity by the Legislature. Nazari v. … Statutes are presumed to be enacted or modified by the Legislature with knowledge of the existing law and subject to it unless the contrary is clearly indicated. Dugger v.

the University of Texas at Austin v. Dijaira B. Smith

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

Smith cannot reasonably expect this Court to ignore her deposition testimony, which clearly established a lack of subjective and objective belief that she reported to appropriate law enforcement authorities under the Act … Because Smith failed to make a report to an appropriate law enforcement authority, she failed to allege an actual violation of the Whistleblower Act and failed to establish a waiver of immunity.

Brian Charles Smith Robert Hammond, David Talton And John Collins, Individually, and on Behalf of All Others Similarly Situated v. Greg Abbott, in His Official Capacity as Attorney General of the State of Texas Cathleen Parsley, in Her Official Capacity as Chief Administrative Law Judge, State Office of Administrative Hearings And Alicia Key, in Her Official Capacity

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

Fam Code Ann. § 232.014 , the agency shall issue the affected license to BRIAN CHARLES SMITH if he is otherwise qualified for the license. See Tex. Fam. … Consequently, sovereign immunity will bar an otherwise proper UDJA claim that has the effect of establishing a right to relief against the State for which sovereign immunity has not been waived. See City of Houston v.

Adrian Tijerina v. Texas Property Casualty Insurance Guaranty Association as Receiver for SIR Lloyd's Insurance Company and the Texas Department of Insurance, Division of Workers' Compensation

Texas Court of Appeals, 3rd District (Austin) · Feb 26, 2015

The Association has not taken the position that it is not obligated to provide qualifying medical benefits. … Id. at 227. 7 agencies, such as the Division, are immune from suits under the UDJA unless the legislature has waived immunity for the particular claim at issue.

John Mining D/B/A Fast Action Bail Bonds v. Hays County Bail Bond Board

Texas Court of Appeals, 3rd District (Austin) · Apr 14, 2006

Mining owned and operated an established bail bond service at the time and applied for a license. Mining's license was conditionally approved by the Board and he was given 90 days to provide sufficient collateral. … Although Hays County clearly has a substantial interest in the outcome of Mining's dispute with the Board, its absence does not preclude the district court from rendering complete relief between Mining and the Board.

John Mining D/B/A Fast Action Bail Bonds v. Hays County Bail Bond Board

Texas Court of Appeals, 3rd District (Austin) · Apr 14, 2006

Mining owned and operated an established bail bond service at the time and applied for a license. Mining’s license was conditionally approved by the Board and he was given 90 days to provide sufficient collateral. … Sovereign Immunity Sovereign immunity, unless waived, protects a governmental entity from lawsuits for damages. See Texas Natural Res. Conservation Comm’n 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 Suja Pillai, M.D. v. Texas Health and Human Services Commission Charles Smith, Executive Commissioner And Suja Pillai, M.D.// Cross-Appellee, Harlingen Family Dentistry

Texas Court of Appeals, 3rd District (Austin) · Oct 18, 2018

After the Providers received substantial incentive sums, the HHSC audited them and concluded that they had not qualified for the incentives. … Like other causes of action, a suit for a declaratory judgment under section 2001.038 requires the existence of a justiciable controversy to establish the trial court’s jurisdiction. Machete’s Chop Shop, Inc. v.

Carole Keeton Strayhorn, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas/Raytheon E-Systems, Inc. v. Raytheon E-Systems, Inc./Carole Keeton Strayhorn, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Mar 27, 2003

The claimant has the burden of clearly showing that it is entitled to the exemption. North Alamo Water Supply , 804 S.W.2d at 899 . … Passage of title qualifies as a sale under Texas law. See Tex. Tax Code Ann. § 151.005 (1).

Weatherford v. City of San Marcos

157 S.W.3d 473 · Texas Court of Appeals, 3rd District (Austin) · Feb 10, 2005

Weatherford wrote a letter to Chiu, stating, “My letter, dated November 8, 2000, established quite clearly that my November 7, 2000 request to have the amended land use proposal regarding eighteen acres of my property adopted … law that the legislature, had it wanted to effect' ■ such a change, must have clearly so stated.”

Concho County, Texas v. Billy Randall Gough, as Temporary Administrator of the Estate of Gary August Gough

Texas Court of Appeals, 3rd District (Austin) · Dec 9, 2011

In that case, the court grappled with determining the minimum requirement for establishing knowledge of alleged fault. … In this case, an allegation of such responsibility was clearly communicated.