recasting claim in Texas

2009Instead, despite the recasting of their claim as common law vicarious liability, the underlying nature of appellees' claim is, nonetheless, that "through lapses in professional judgment and treatment [Spohn-Shoreline] negligently allowed the sexual assault to occur." Diversicare , 185 S.W.3d at 851 ; see Harrison , 206 S.W.3d at 141 .

2009Instead, despite the recasting of their claim as common law vicarious liability, the underlying nature 8 of appellees' claim is, nonetheless, that "through lapses in professional judgment and treatment [Spohn-Shoreline] negligently allowed the sexual assault to occur." Diversicare, 185 S.W.3d at 851 ; see Harrison, 206 S.W.3d at 141 .

2011See IT-Davy, 74 S.W.3d at 860 ; NuRock, 293 S.W.3d at 368-69.

2011See IT-Davy , 74 S.W.3d at 860 ; NuRock , 293 S.W.3d at 368–69.

2010See Christus Spohn, 299 S.W.3d at 875 (holding that "despite the recasting of their claim as common law vicarious liability, the underlying nature of appellees' claim is, nonetheless, that 'through lapses in professional judgment and treatment [Spohn-Shoreline] negligently allowed the sexual assault to occur’ " and finding that such claims were still properly considered health care liability claims requiring expert report). .

2010See Christus Spohn, 299 S.W.3d at 875 (holding that "despite the recasting of their claim as common law vicarious liability, the underlying nature of appellees' claim is, nonetheless, that `through lapses in professional judgment and treatment [Spohn-Shoreline] negligently allowed the sexual assault to occur'" and finding that such claims were still properly considered health care liability claims requiring expert report). [7] Mijares argues in her appellate brief that the potential health care liability claims were raised for the first time in her third amended petition and that Sedeno, P.A.'

2011See IT-Davy, 74 S.W.3d at 860 ; NuRock, 293 S.W.3d at 368-69.

2011See IT-Davy , 74 S.W.3d at 860 ; NuRock , 293 S.W.3d at 368–69.

2009Code Ann. §§ 37 .001–.011. 40 … See Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993). 12 a statute or regulation, for which the Declaratory Judgments Act provides a waiver of immunity, and suits in which the request for declaratory relief is no more than a recasting of a claim for money damages, for which the Act does not provide a waiver of immunity.41 NuRock asserts that it is seeking declaratory relief to construe a legislative act by the City and attempts to categorize the Settlement Agreement as the equivalent of a statute or municipal ordinance.