State had waived immunity (Texas) · Go Syfert
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State had waived immunity in Texas

16 Texas opinions name it 2 courts 1994–2024 3 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 (5)

CaseFollowedCited
Aer-Aerotron, Inc. v. Texas Department of Transportationgreen
texapp · 1999 · cited in 3 Texas opinions naming this issue, 2004–2004
2 sentences

2004However, in response to the chorus of waiver-by-conduct cases, the Texas Supreme Court declined to find any instances in which the State had waived its immunity by its own acts, and rejoined that "[w]e again reaffirm that it is the Legislature's sole province to waive or abrogate sovereign immunity." IT-Davy , 74 S.W.3d at 857 ; see also Aer-Aerotron, Inc. , 997 S.W.2d 687 ; Little-Tex Insulation Co. , 39 S.W.3d 591 .

2004However, in response to the chorus of waiver-by-conduct cases, the Texas Supreme Court declined to find any instances in which the State had waived its immunity by its own acts, and rejoined that “[w]e again reaffirm that it is the Legislature’s sole province to waive or abrogate sovereign immunity.” IT-Davy, 74 S.W.3d at 857 ; see also Aer-Aerotron, Inc., 997 S.W.2d 687 ; Little-Tex Insulation Co., 39 S.W.3d 591 .

33
Kinnear v. Texas Commission on Human Rights Ex Rel. Halegreen
tex · 2000 · cited in 4 Texas opinions naming this issue, 2018–2018
2 sentences

2018Id.

2018See id.

24
Texas Southern University v. Araserve Campus Dining Services of Texas, Inc.green
texapp · 1998 · cited in 2 Texas opinions naming this issue, 2001–2001
2 sentences

2001See Araserve Campus Dining Serv., 981 S.W.2d at 929 ; Obayashi Corp., 980 S.W.2d at 745 .

2001See Araserve Campus Dining Serv., 981 S.W.2d at 929 ; Obayashi Corp., 980 S.W.2d at 745 .

22
General Services v. Little-Tex Insulationred
tex · 2001 · cited in 4 Texas opinions naming this issue, 2004–2004
2 sentences

2004However, in response to the chorus of waiver-by-conduct cases, the Texas Supreme Court declined to find any instances in which the State had waived its immunity by its own acts, and rejoined that "[w]e again reaffirm that it is the Legislature's sole province to waive or abrogate sovereign immunity." IT-Davy , 74 S.W.3d at 857 ; see also Aer-Aerotron, Inc. , 997 S.W.2d 687 ; Little-Tex Insulation Co. , 39 S.W.3d 591 .

2004However, in response to the chorus of waiver-by-conduct cases, the Texas Supreme Court declined to find any instances in which the State had waived its immunity by its own acts, and rejoined that “[w]e again reaffirm that it is the Legislature’s sole province to waive or abrogate sovereign immunity.” IT-Davy, 74 S.W.3d at 857 ; see also Aer-Aerotron, Inc., 997 S.W.2d 687 ; Little-Tex Insulation Co., 39 S.W.3d 591 .

14
Robinson v. Central Texas MHMR Centergreen
tex · 1989 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

1994See also Robinson v. Central Texas MHMR, 780 S.W.2d 169 (Tex.1989). *178 In Lowe , this Court held that the State had waived immunity for providing a defective football uniform, in this case a uniform without a knee brace.

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 (7)

CaseCitedYears
Texas Natural Resource Conservation Commission v. IT-Davy green
tex · 2002
2 sentences

2004However, in response to the chorus of waiver-by-conduct cases, the Texas Supreme Court declined to find any instances in which the State had waived its immunity by its own acts, and rejoined that "[w]e again reaffirm that it is the Legislature's sole province to waive or abrogate sovereign immunity." IT-Davy , 74 S.W.3d at 857 ; see also Aer-Aerotron, Inc. , 997 S.W.2d 687 ; Little-Tex Insulation Co. , 39 S.W.3d 591 .

2004However, in response to the chorus of waiver-by-conduct cases, the Texas Supreme Court declined to find any instances in which the State had waived its immunity by its own acts, and rejoined that “[w]e again reaffirm that it is the Legislature’s sole province to waive or abrogate sovereign immunity.” IT-Davy, 74 S.W.3d at 857 ; see also Aer-Aerotron, Inc., 997 S.W.2d 687 ; Little-Tex Insulation Co., 39 S.W.3d 591 .

32004–2004
Meyers ex rel. Benzing v. Texas green
ca5 · 2005
2 sentences

2024Meyers, 410 F.3d at 244 .

2024Id. at 244 .

22024–2024
Alamo Community College District v. Obayashi Corp. green
texapp · 1998
2 sentences

2001See Araserve Campus Dining Serv., 981 S.W.2d at 929 ; Obayashi Corp., 980 S.W.2d at 745 .

2001See Araserve Campus Dining Serv., 981 S.W.2d at 929 ; Obayashi Corp., 980 S.W.2d at 745 .

22001–2001
Donna Independent School District v. Gracia green
texapp · 2008
1 sentence

2024Moreover, as pointed out by DCARB, Appellants ignored applicable cases “that severely limit the applicability of Lawson’s waiver of immunity in cases where the parties reach[ed] a settlement agreement with a governmental entity prior to suit.” See generally Tex. Dep’t of Health v. Neal, No. 03-09-00574-CV, 2011 WL 1744966 , at *4-5 (Tex. App.—Austin May 6, 2011, pet. denied) (mem. op.) (declining to extend Lawson—where the claimant had a statutorily recognized claim (for which the State had waived immunity) pending in the trial court when he settled with the State—to a situation where the clai

12024–2024
Texas a & M University-Kingsville v. Lawson green
tex · 2002
1 sentence

2011Id. at 521 .

12011–2011
Dallas Area Rapid Transit v. Whitley green
tex · 2003
2 sentences

2003Id.

2003Id.

12003–2003
Lowe v. Texas Tech University green
tex · 1976
2 sentences

1994Lowe, 540 S.W.2d at 300 .

1994Lowe, 540 S.W.2d at 300 .

11994–1994

Statutes the citing opinions construe

TX § Tex. Transp. Code § 201.112 (3) TX § Tex. Transp. Code § 221.001 (3) USC § 42u.s.c.1983 (3)

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

TX 16 (1994–2024) IL 4 (2004–2016) NC 3 (2010–2015) WA 3 (1991–2007) HI 3 (1998–2024) AZ 2 (1921–2021) NY 2 (1940–1996) IN 2 (2001–2005) TN 2 (1934–2019)

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.

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