waivers immunity (Texas) · Go Syfert
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waivers immunity in Texas

9 Texas opinions name it 1 courts 1999–2019 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 (7)

CaseFollowedCited
Mission Consolidated Independent School District v. Garciagreen
tex · 2008 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See 253 S.W.3d 653, 658-59 (Tex. 2008).

2010See 253 S.W.3d 653, 658-59 (Tex. 2008).

22
Texas Department of Parks & Wildlife v. Mirandagreen
tex · 2004 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006See id. at 224 (stating that two immunities are “co- extensive” under Tort Claims Act); see also Wichita Falls State Hosp., 106 S.W.3d at 696-97 (noting that, under Whistleblower Act, waiver of immunity from suit and liability are independent and contained in separate sentences); City of New Braunfels, 132 S.W.3d at 164-66 .

2006See id. at 224 (stating that two immunities are “co-extensive” under Tort Claims Act); see also Wichita Falls State Hosp., 106 S.W.3d at 696-97 (noting that, under Whistleblower Act, waiver of immunity from suit and liability are independent and contained in separate sentences); City of New Braunfels, 132 S.W.3d at 164-66 .

22
Tex. Mun. League Intergovernmental Risk Pool v. City of Abilenegreen
texapp · 2018 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Risk Pool, 551 S.W.3d at 345 ; Romulus, 2017 WL 1684631 , at *6.

11
Alamo Heights Independent School District v. Catherine Clarkgreen
tex · 2018 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Clark, 544 S.W.3d at 785 (noting that “once a defendant challenges the plaintiff’s case with evidence, the jurisdictional inquiry focuses on the evidence and whether the plaintiff can create a fact issue”); Guillaume v. City of Greenville, 247 S.W.3d 457, 461 (Tex. App.— Dallas 2008, no pet.) (suggesting that a plaintiff must establish but-for causation to prove a whistleblower claim).

11
Guillaume v. City of Greenvillegreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Clark, 544 S.W.3d at 785 (noting that “once a defendant challenges the plaintiff’s case with evidence, the jurisdictional inquiry focuses on the evidence and whether the plaintiff can create a fact issue”); Guillaume v. City of Greenville, 247 S.W.3d 457, 461 (Tex. App.— Dallas 2008, no pet.) (suggesting that a plaintiff must establish but-for causation to prove a whistleblower claim).

11
Newman v. Obersteller Ex Rel. Oberstellergreen
tex · 1997 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See id. at 658-59 . 5 On appeal, Carroll acknowledges the existence of “cases out there that one can cite for the proposition that ‘all cases against the state must be [tort claims act] cases.’”2 Nonetheless, she urges that any such cases are “logically flawed” and inconsistent with “the main body of Supreme Court caselaw.” In support of this assertion, Carroll cites precedents that analyze whether claimants have alleged facts within one of the tort claims act’s waivers of immunity.3 However, whether a claimant has stated a claim within one of the act’s waivers of immunity is distinct from the

11
Wenzel v. City of New Braunfelsgreen
texapp · 1993 · cited in 1 Texas opinions naming this issue, 2005–2005
1 sentence

2005Wenzel v. City of New Braunfels, 852 S.W.2d 97, 99 (Tex.App.-Austin 1993, no pet.).

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 (2)

CaseCitedYears
City of New Braunfels v. Allen green
texapp · 2004
2 sentences

2006See id . at 224 (stating that two immunities are "co-extensive" under Tort Claims Act); see also Wichita Falls State Hosp. , 106 S.W.3d at 696-97 (noting that, under Whistleblower Act, waiver of immunity from suit and liability are independent and contained in separate sentences); City of New Braunfels , 132 S.W.3d at 164-66 .

2006See id. at 224 (stating that two immunities are “co-extensive” under Tort Claims Act); see also Wichita Falls State Hosp., 106 S.W.3d at 696-97 (noting that, under Whistleblower Act, waiver of immunity from suit and liability are independent and contained in separate sentences); City of New Braunfels, 132 S.W.3d at 164-66 .

32006–2006
City of LaPorte v. Barfield red
tex · 1995
1 sentence

1999Legislative intent remains the polestar of statutory construction.” Id. at 292 . *893 TDH argues that only the limited waivers of governmental immunity contained in the Texas Tort Claims Act could support Doe’s claim, and that her claim does not fall within the waivers of immunity provided in that law.

11999–1999

Where else courts name it

TX 9 (1999–2019) NM 9 (1987–2022) DC 7 (2000–2007) UT 4 (1994–2010) CO 2 (2002–2018)

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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