antiquated rule (Texas) · Go Syfert
← Texas issues

antiquated rule in Texas

5 Texas opinions name it 2 courts 1984–2015 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
SEA HAWK SEAFOODS, INC. v. Stategreen
alaska · 2009 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012See, e.g., Sea Hawk Seafoods, Inc. v. State, 215 P.3d 333, 339 (Aaska 2009) (describing state sovereign immunity as an affirmative defense “that does not affect a court’s subject-matter jurisdiction”); Washington v. Whitaker, 317 S.C. 108 , 451 S.E.2d 894, 898 (1994) (“[W]e overrule the antiquated rule that sovereign immunity is a jurisdictional bar and, accordingly, cannot be waived.

2012See, e.g., Sea Hawk Seafoods, Inc. v. State, 215 P.3d 333, 339 (Alaska 2009) (describing state sovereign immunity as an affirmative defense “that does not affect a court’s subject- matter jurisdiction”); Washington v. Whitaker, 451 S.E.2d 894, 898 (S.C. 1994) (“[W]e overrule the antiquated rule that sovereign immunity is a jurisdictional bar and, accordingly, cannot be waived.

22
Washington v. Whitakergreen
sc · 1994 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012See, e.g., Sea Hawk Seafoods, Inc. v. State, 215 P.3d 333, 339 (Aaska 2009) (describing state sovereign immunity as an affirmative defense “that does not affect a court’s subject-matter jurisdiction”); Washington v. Whitaker, 317 S.C. 108 , 451 S.E.2d 894, 898 (1994) (“[W]e overrule the antiquated rule that sovereign immunity is a jurisdictional bar and, accordingly, cannot be waived.

2012See, e.g., Sea Hawk Seafoods, Inc. v. State, 215 P.3d 333, 339 (Aaska 2009) (describing state sovereign immunity as an affirmative defense “that does not affect a court’s subject-matter jurisdiction”); Washington v. Whitaker, 317 S.C. 108 , 451 S.E.2d 894, 898 (1994) (“[W]e overrule the antiquated rule that sovereign immunity is a jurisdictional bar and, accordingly, cannot be waived.

22
Meyers ex rel. Benzing v. Texasgreen
ca5 · 2005 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Benzing v. Tex., 410 F.3d 236, 255 (5th Cir. 2005) overrule the antiquated rule that sovereign immunity is a ("[W]hen Texas removed this case to federal court it jurisdictional bar and, accordingly, cannot be waived.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Sanchez v. Schindler green
tex · 1983
2 sentences

1986Although the Sanchez court was dealing with the Wrongful Death Act, they recognized earlier restrictions placed on recovery by the Supreme Court, and they reasoned, “It is, therefore, logical for this court to now act in response to the needs of a modem society, and abolish the antiquated rule in favor of recovery of loss of society and mental anguish.” Id. at 252 .

1986Although the Sanchez court was dealing with the Wrongful Death Act, they recognized earlier restrictions placed on recovery by the Supreme Court, and they reasoned, "It is, therefore, logical for this court to now act in response to the needs of a modern society, and abolish the antiquated rule in favor of recovery of loss of society and mental anguish." Id. at 252 .

21984–1986

Where else courts name it

PA 8 (1858–1987) SC 8 (1985–2019) TX 5 (1984–2015) WA 5 (1979–2025) CA 5 (1942–2023) LA 5 (1958–2020) TN 4 (1983–2001) MD 4 (1976–2015) IN 4 (2006–2012) DC 3 (1981–2001) IL 3 (1982–2021) KS 3 (1927–1981) WV 3 (1975–2020) AR 3 (1911–2019) CT 2 (1997–1999) AZ 2 (1965–2011) NE 2 (1979–1980) ID 2 (2026–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check