principles doctrine (Texas) · Go Syfert
← Texas issues

principles doctrine in Texas

17 Texas opinions name it 5 courts 1910–2026 2 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 (7)

CaseFollowedCited
Bayer Corp. v. DX Terminals, Ltd.green
texapp · 2007 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Bayer Corp. v. DX Terminals, Ltd., 214 S.W.3d 586, 602 (Tex. App.—Houston [14th Dist.] 2006, pet. denied); Golden v. First City Nat’l.

2011See Bayer Corp. v. DX Terminals, Ltd. , 214 S.W.3d 586, 602 (Tex. App.—Houston [14th Dist.] 2006, pet. denied); Golden v. First City Nat’l.

22
General Services Commission v. Little-Tex Insulation Co.green
tex · 2001 · cited in 5 Texas opinions naming this issue, 2004–2020
2 sentences

2020Comm’n v. Little– Tex Insulation Co., 39 S.W.3d 591, 593 (Tex. 2001); see also City of Seagoville v. –21– Lytle, 227 S.W.3d 401, 410 (Tex. App.—Dallas 2007, no pet.) (“Texas courts distinguish suits to determine a party’s right against a governmental unit from a suit seeking damages.”).10 More recently, the Texas Supreme Court examined the intersection of the foregoing principles with the doctrine of governmental immunity, holding that such immunity (i) bars suits for retrospective money relief but (ii) does not preclude prospective injunctive remedies in official capacity suits against govern

2005Little-Tex, 39 S.W.3d at 594 (citing Mo. Pac., 453 S.W.2d at 813 ).

15
Usaa Texas Lloyds Company v. Gail Menchacagreen
tex · 2018 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026Nafta Traders, 339 S.W.3d at 101 n.80. rule “technical, but not trivial,” USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 518 (Tex. 2018) (quoting Burbage v. Burbage, 447 S.W.3d 249, 258 (Tex. 2014)).

11
Allen Chadwick Burbage v. W. Kirk Burbage and Burbage Funeral Homegreen
tex · 2014 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026Nafta Traders, 339 S.W.3d at 101 n.80. rule “technical, but not trivial,” USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 518 (Tex. 2018) (quoting Burbage v. Burbage, 447 S.W.3d 249, 258 (Tex. 2014)).

11
City of Seagoville v. Lytlegreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Comm’n v. Little– Tex Insulation Co., 39 S.W.3d 591, 593 (Tex. 2001); see also City of Seagoville v. –21– Lytle, 227 S.W.3d 401, 410 (Tex. App.—Dallas 2007, no pet.) (“Texas courts distinguish suits to determine a party’s right against a governmental unit from a suit seeking damages.”).10 More recently, the Texas Supreme Court examined the intersection of the foregoing principles with the doctrine of governmental immunity, holding that such immunity (i) bars suits for retrospective money relief but (ii) does not preclude prospective injunctive remedies in official capacity suits against govern

11
Southwestern Bell Telephone, L.P. v. Emmettgreen
tex · 2015 · cited in 1 Texas opinions naming this issue, 2020–2020
2 sentences

2020City of El Paso v. Heinrich, 284 S.W.3d 366 , 368–69 (Tex. 2009).11 To fall within the “ultra vires” exception set forth in (ii) above, a suit “cannot be brought against the state, which retains its immunity, but must be brought against the state actors in their official capacity.” Heinrich, 284 S.W.3d at 373 ; see also Southwestern Bell Telephone, L.P. v. Emmett, 459 S.W.3d 578, 587 (Tex. 2015) (“For the ultra vires exception to immunity to apply, it must be proved that the state actor either failed to perform a ministerial task or acted 10 In Lytle, we also said that “[a] declaratory judgmen

2020City of El Paso v. Heinrich, 284 S.W.3d 366 , 368–69 (Tex. 2009).11 To fall within the “ultra vires” exception set forth in (ii) above, a suit “cannot be brought against the state, which retains its immunity, but must be brought against the state actors in their official capacity.” Heinrich, 284 S.W.3d at 373 ; see also Southwestern Bell Telephone, L.P. v. Emmett, 459 S.W.3d 578, 587 (Tex. 2015) (“For the ultra vires exception to immunity to apply, it must be proved that the state actor either failed to perform a ministerial task or acted 10 In Lytle, we also said that “[a] declaratory judgmen

11
Marange v. Marshallgreen
texapp · 1966 · cited in 1 Texas opinions naming this issue, 1999–1999
1 sentence

1999Marange v. Marshall, 402 S.W.2d 236, 239-40 (Tex.Civ.App.—Corpus Christi 1966, writ ref'd n.r.e.).

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 (13)

CaseCitedYears
Texas a & M University-Kingsville v. Lawson green
tex · 2002
2 sentences

2004In a plurality opinion, Justice Hecht cited Missouri Pacific two times: first, for the proposition that sovereign immunity encompasses the separate principles of immunity from liability and immunity from suit; and second, for the statement that, “For breach of contract claims, the Legislature has waived immunity in some instances but not all.” See id. at 520 n. 15, 521 n. 21.

2004In a plurality opinion, Justice Hecht cited Missouri Pacific two times: first, for the proposition that sovereign immunity encompasses the separate principles of immunity from liability and immunity from suit; and second, for the statement that, "For breach of contract claims, the Legislature has waived immunity in some instances but not all." See id. at 520 n. 15, 521 n. 21.

42004–2005
Missouri Pacific Railroad v. Brownsville Navigation District red
tex · 1970
2 sentences

2005Little-Tex, 39 S.W.3d at 594 (citing Mo. Pac. , 453 S.W.2d at 813 ).

2005Little-Tex, 39 S.W.3d at 594 (citing Mo. Pac., 453 S.W.2d at 813 ).

32005–2005
Nafta Traders, Inc. v. Quinn green
tex · 2011
1 sentence

2026Nafta Traders, 339 S.W.3d at 101 n.80. rule “technical, but not trivial,” USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 518 (Tex. 2018) (quoting Burbage v. Burbage, 447 S.W.3d 249, 258 (Tex. 2014)).

12026–2026
In Re Allied Chemical Corp. green
tex · 2007
1 sentence

2022Id.

12022–2022
The City of El Paso v. Lilli M. Heinrich green
tex · 2009
2 sentences

2020City of El Paso v. Heinrich, 284 S.W.3d 366 , 368–69 (Tex. 2009).11 To fall within the “ultra vires” exception set forth in (ii) above, a suit “cannot be brought against the state, which retains its immunity, but must be brought against the state actors in their official capacity.” Heinrich, 284 S.W.3d at 373 ; see also Southwestern Bell Telephone, L.P. v. Emmett, 459 S.W.3d 578, 587 (Tex. 2015) (“For the ultra vires exception to immunity to apply, it must be proved that the state actor either failed to perform a ministerial task or acted 10 In Lytle, we also said that “[a] declaratory judgmen

2020City of El Paso v. Heinrich, 284 S.W.3d 366 , 368–69 (Tex. 2009).11 To fall within the “ultra vires” exception set forth in (ii) above, a suit “cannot be brought against the state, which retains its immunity, but must be brought against the state actors in their official capacity.” Heinrich, 284 S.W.3d at 373 ; see also Southwestern Bell Telephone, L.P. v. Emmett, 459 S.W.3d 578, 587 (Tex. 2015) (“For the ultra vires exception to immunity to apply, it must be proved that the state actor either failed to perform a ministerial task or acted 10 In Lytle, we also said that “[a] declaratory judgmen

12020–2020
XI Properties, Inc. v. RaceTrac Petroleum, Inc. green
tenn · 2004
1 sentence

2019In that case, the Supreme Court of Tennessee stated that the principles of the doctrine of lateral support “are not applicable to land that has been altered, such as by additions or construction, so as to require additional lateral support.” Id. at 448 .

12019–2019
William Carl Wooley v. Randy Schaffer green
texapp · 2014
1 sentence

2017See Aguilar, — S.W.3d at—, 2017 WL 192910 , at *3; Wooley, 447 S.W.3d at 76 ; GoDaddy.com, 429 S.W.3d at 754 ; see also Guzder, No. 01-13-00985-CV, 2015 WL 3423731 , at *8.

12017–2017
GoDaddy.com, LLC v. Hollie Toups green
texapp · 2014
1 sentence

2017See Aguilar, — S.W.3d at—, 2017 WL 192910 , at *3; Wooley, 447 S.W.3d at 76 ; GoDaddy.com, 429 S.W.3d at 754 ; see also Guzder, No. 01-13-00985-CV, 2015 WL 3423731 , at *8.

12017–2017
Texas Department of Insurance, Division of Workers' Compensation v. Lumbermens Mutual Casualty Co. neutral
texapp · 2006
1 sentence

2007Barrigan has not shown that the principles or analysis employed by 5 Dr. Foxcroft’s decision not to use the Commission’s advisory opinions is likewise consistent with this Court’s recent opinion in Texas Department of Insurance v. Lumbermens Mutual Casualty Company, 2006 Tex. App. LEXIS 10976, at *17 , which invalidated the Commission’s issuance and application of the advisory opinions.

12007–2007
Gulf Oil Corp. v. Gilbert red
scotus · 1947
2 sentences

1993The United States Supreme Court later determined these same notions formed the basic principles of the doctrine of forum non conve-niens in Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 507-09 , 67 S.Ct. 839, 842-43 , 91 L.Ed. 1055 (1947). .

1993The United States Supreme Court later determined these same notions formed the basic principles of the doctrine of forum non conve-niens in Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 507-09 , 67 S.Ct. 839, 842-43 , 91 L.Ed. 1055 (1947). .

11993–1993
Baker v. Fort Worth Mutual Benevolent Ass'n green
tex · 1926
1 sentence

1936Baker v. Fort Worth Mutual Benefit Ass’n., 115 Texas, at p. 309, 280 S. W., 165 ; 6 Tex. Jur., 478, Sec. 90.

11936–1936
James v. Jacques neutral
tex · 1862
1 sentence

1932Beyond this he has no valid claim for protection.” In James v. Jacques, 26 Tex. 320 , 82 Am.

11932–1932
Irvin v. State green
texcrimapp · 1907
1 sentence

1910Irvin v. State, 51 Texas Crim.

11910–1910

Statutes the citing opinions construe

TX § Tex. Educ. Code § 11.151 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 117 (1958–2026) CA 51 (1895–2026) PA 33 (1839–2025) MD 22 (1909–2020) MO 21 (1890–2024) NY 21 (1859–2018) NJ 18 (1945–2023) GA 17 (1939–2015) TX 17 (1910–2026) NC 16 (1994–2022) IA 16 (1939–2026) MN 15 (1987–2025) WI 14 (1975–2019) OH 14 (2005–2024) CT 11 (1972–2016) MI 11 (1983–2023) TN 11 (1905–2015) FL 10 (1962–2016) WV 10 (1903–2026) AL 9 (1940–2008) VT 8 (1972–2026) VA 8 (1966–2020) OK 8 (1900–2015) MS 7 (1895–2025) ID 6 (1983–2025) OR 6 (1977–2025) MA 6 (1937–2025) KS 5 (1925–2021) WA 5 (1972–2020) UT 5 (1996–2024) LA 5 (1998–2025) RI 4 (1960–2004) DE 4 (1939–2015) NM 3 (2009–2024) WY 3 (1988–1997) IN 3 (1898–2014) CO 3 (1947–2025) AZ 3 (2010–2025) SD 3 (1957–2007) DC 3 (1979–2012) NV 3 (2009–2021) MT 3 (1927–2008) KY 2 (1965–2025) AR 2 (1909–2012) ME 2 (1973–2020) HI 2 (1946–1995)

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