Case law
Opinions from 1658 to today.
2,255 results
1.29s
Texas Court of Appeals, 3rd District (Austin) · Mar 27, 1997
sufficient to establish that the substance was in fact, marijuana, and, therefore, the Respondent is adjudicated delinquent for that offense. … sufficient to establish that the substance was in fact, marijuana, and, therefore, the Respondent is adjudicated delinquent for that offense.
Cited 0 timesPublishedAustin State Hospital and Texas Department of Mental Health and Mental Retardation v. Laura Kitchen
Texas Court of Appeals, 3rd District (Austin) · Jun 21, 1995
CONCLUSION We hold that Kitchen bore the burden of proving that reasonable accommodation was possible as part of her burden of establishing that she was otherwise qualified for her position at ASH. … The plaintiff must first establish her prima facie case, demonstrating by a preponderance of the evidence that she was qualified for the position and that the circumstances of termination give rise to an inference of unlawful
Cited 0 timesPublished938 S.W.2d 181 · Texas Court of Appeals, 3rd District (Austin) · Jan 23, 1997
Sneed stated clearly and unequivocally that he never requested or directed a police officer to arrest Smith. … or neglect of a child in bad faith or with a malicious purpose is not immune from liability.
Cited 34 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jul 16, 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.
Cited 0 timesPublishedJohn Alan Conroy v. Steven C. McCraw, Director, Texas Department of Public Safety
Texas Court of Appeals, 3rd District (Austin) · Aug 22, 2023
was tolled and immunity does not apply to the relief he seeks in his suit. … Conroy next contends that the State has failed to show at least five qualifying litigations under the second element of the vexatious litigant statute.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Feb 2, 2015
The court acknowledged that the Comptroller is ( 1) required to create and maintain a centralized Master Bidders List of Qualified Vendors who 3 AUS-6044683-2 6060904/l are … Professor Beal states that it is clearly incumbent upon this Court to overrule these holdings as simply inconsistent with existing precedent or to clarity whether it truly intended to overrule existing case law.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 27, 2017
In the absence of a clear, unambiguous waiver, sovereign immunity deprives Texas courts of subject-matter jurisdiction. State v. Shumake, 199 S.W.3d 279, 283 (Tex. 2006). … clearly establishes that the majority of OGCI’s costs to develop its training programs was incurred in Oklahoma.”
Cited 0 timesPublishedGulf Metals Industries, Inc. v. Chicago Insurance
993 S.W.2d 800 · Texas Court of Appeals, 3rd District (Austin) · May 13, 1999
Gulf Metals asserts that prior to the inclusion of the qualified polluter’s exclusion clause in liability insurance policies, these policies clearly covered the gradual release of contamination such as the release here. … We hold as a matter of law that “sudden and accidental” clearly and unambiguously imparts a sense of temporal urgency requiring the release of pollutants to be swift, rapid, or abrupt to trigger the exception to the qualified
Cited 26 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 24, 2006
The Division appeals from the declaratory judgment, arguing that the trial court lacked subject matter jurisdiction under both the APA and the UDJA, and that the Division is immune from suit because of sovereign immunity. … However, the advisories clearly refer to the injury model, even quoting its definitions of structural inclusions.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Dec 21, 2006
The Division appeals from the declaratory judgment, arguing that the trial court lacked subject matter jurisdiction under both the APA and the UDJA and that the Division is immune from suit because of sovereign immunity. … However, the advisories clearly refer to the injury model, even quoting its definitions of structural inclusions.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 24, 2006
from suit because of sovereign immunity. … However, the advisories clearly refer to the injury model, even quoting its definitions of structural inclusions.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 26, 2004
Lindburg, 766 S.W.2d 208, 211 (Tex. 1989) (“Only when the legislature has clearly and explicitly waived the state’s sovereign immunity may a cause of action accrue.”). … The law of sovereign immunity was hardly clear in 1994, when Crawford sought judicial review of the administrative proceeding.
Cited 0 timesPublished999 S.W.2d 579 · Texas Court of Appeals, 3rd District (Austin) · Oct 14, 1999
Moreover, the evidence establishes that St. … This qualifying phrase, posits St. Joseph, “is vague, and leads to jury misunderstanding and confusion.”
Reversed on other grounds by St. Joseph Hospital v. Wolff, 46 Tex. Sup. Ct. J. 142 (2002)Cited 10 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Dec 21, 2006
from suit because of sovereign immunity. … A plaintiff who sues the State must establish the State’s consent to suit. Texas Natural Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 855 (Tex. 2002).
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 26, 2004
Lindburg , 766 S.W.2d 208, 211 (Tex. 1989) ("Only when the legislature has clearly and explicitly waived the state's sovereign immunity may a cause of action accrue."). … The law of sovereign immunity was hardly clear in 1994, when Crawford sought judicial review of the administrative proceeding.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · May 11, 2015
Because of the bar established by sovereign immunity, a district court could consider such a claim only if Appellant articulated a valid ultra vires claim. … The declaratory judgment requested by Appellant would essentially rewrite the confidentiality requirements established by the Court in Rule 2.16.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · May 7, 2008
Specifically, because statutory repeal or abrogation of common-law claims implicates open-courts concerns, it is "disfavored" and the statute may be so interpreted only when its express terms or necessary implications clearly … (2) Texas Logos has pled only acts for which he possesses official immunity and "official immunity is immunity from suit, which makes it jurisdictional and analogous to sovereign immunity."
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · May 14, 2015
Because of the bar established by sovereign immunity, a district court could consider such a claim only if Appellant articulated a valid ultra vires claim. … The declaratory judgment requested by Appellant would essentially rewrite the confidentiality requirements established by the Court in Rule 2.16.
Cited 0 timesPublishedVictor Walls v. Travis County and Travis County Sheriff's Department
Texas Court of Appeals, 3rd District (Austin) · Jan 8, 1998
Although the petition attached to the citation clearly named Travis County as the defendant, the answer was filed on behalf of Terry Keel as sheriff. … Travis County then filed an answer that was clearly on behalf of "Travis County" as an entity.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jun 21, 2018
“The TCHRA waives immunity, but only when the plaintiff states a claim for conduct that actually violates the statute.” Id. … The City concedes each plaintiff is a member of a class protected by the TCHRA but argues the disputed personnel decisions do not qualify as adverse employment actions, contends the plaintiffs have not identified any similarly
Cited 0 timesPublished
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