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8 Texas opinions name it 1 courts 1915–2015 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.
| Case | Followed | Cited |
|---|---|---|
Alan D. Whatley v. Robert E. Philogreen2 sentences2014Tex. Dept. of Criminal Justice v. Thomas, 263 S.W.3d 212, 219 (Tex.App.-Houston [1st Dist.] 2007, pet. denied) (citing Whatley v. Philo, 817 F.2d 19, 20 (5th Cir. 1987)); see also McClendon v. City of Columbia, 305 F.3d 314, 323 (5th Cir.2002) (en banc) (“When a defendant invokes qualified immunity, the burden is on the plaintiff to demonstrate the inapplicability of the defense.”). 2014Tex. Dept. of Criminal Justice v. Thomas, 263 S.W.3d 212, 219 (Tex. App.— Houston [1st Dist.] 2007, pet. denied) (citing Whatley v. Philo, 817 F.2d 19, 20 (5th Cir. 1987)); see also McClendon v. City of Columbia, 305 F.3d 314, 323 (5th Cir. 2002) (en banc) (“When a defendant invokes qualified immunity, the burden is on the plaintiff to demonstrate the inapplicability of the defense.”). | 2 | 2 |
Texas Department of Criminal Justice v. Thomasgreen2 sentences2014Tex. Dept. of Criminal Justice v. Thomas, 263 S.W.3d 212, 219 (Tex.App.-Houston [1st Dist.] 2007, pet. denied) (citing Whatley v. Philo, 817 F.2d 19, 20 (5th Cir. 1987)); see also McClendon v. City of Columbia, 305 F.3d 314, 323 (5th Cir.2002) (en banc) (“When a defendant invokes qualified immunity, the burden is on the plaintiff to demonstrate the inapplicability of the defense.”). 2014Tex. Dept. of Criminal Justice v. Thomas, 263 S.W.3d 212, 219 (Tex. App.— Houston [1st Dist.] 2007, pet. denied) (citing Whatley v. Philo, 817 F.2d 19, 20 (5th Cir. 1987)); see also McClendon v. City of Columbia, 305 F.3d 314, 323 (5th Cir. 2002) (en banc) (“When a defendant invokes qualified immunity, the burden is on the plaintiff to demonstrate the inapplicability of the defense.”). | 2 | 2 |
Peter Clayton McClendon v. City of Columbia, City of Columbia James R. Carneygreen2 sentences2014Tex. Dept. of Criminal Justice v. Thomas, 263 S.W.3d 212, 219 (Tex.App.-Houston [1st Dist.] 2007, pet. denied) (citing Whatley v. Philo, 817 F.2d 19, 20 (5th Cir. 1987)); see also McClendon v. City of Columbia, 305 F.3d 314, 323 (5th Cir.2002) (en banc) (“When a defendant invokes qualified immunity, the burden is on the plaintiff to demonstrate the inapplicability of the defense.”). 2014Tex. Dept. of Criminal Justice v. Thomas, 263 S.W.3d 212, 219 (Tex. App.— Houston [1st Dist.] 2007, pet. denied) (citing Whatley v. Philo, 817 F.2d 19, 20 (5th Cir. 1987)); see also McClendon v. City of Columbia, 305 F.3d 314, 323 (5th Cir. 2002) (en banc) (“When a defendant invokes qualified immunity, the burden is on the plaintiff to demonstrate the inapplicability of the defense.”). | 2 | 2 |
Pennhurst State School and Hospital v. Haldermangreen1 sentence2015We further AFFIRM the district court’s dismissal of Machete’s claims against Morales in his individual capacity. 8 We note the inapplicability of the principle outlined in Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 121 (1984), which barred federal courts from exercising pendent jurisdiction over claims alleging that state officials violated state law in carrying out their official responsibilities. | 1 | 1 |
Meyers ex rel. Benzing v. Texasgreen1 sentence2015See Meyers, 410 F.3d at 252 (noting that Pennhurst is inapplicable when a state voluntarily waives its sovereign immunity by removing from state to federal court). 13 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Waller v. Sanchez
green
2 sentences2000Waller, 618 S.W.2d at 409 . 1999Waller, 618 S.W.2d at 409 . | 2 | 1999–2000 |
Imperial American Resources Fund, Inc. v. Railroad Commission of Texas
green
1 sentence1986Imperial American Resources, supra, decided by the Supreme Court fifteen years after Williams , provides the strongest support for the proposition that a mineral lessee is an owner who has a right to be protected from confiscation. | 1 | 1986–1986 |
Employers Casualty Company v. West
green
1 sentence1975Until an insurer has so alleged the insured does not now have the burden of proving the inapplicability of such an exception from liability in the policy because of waiver of such provision, estop-pel to assert such a defense, or for any other reason.” See also Employers Casualty Company v. West, 383 S.W.2d 251 (Tex.Civ.App.—, Amarillo 1964, writ dism.). | 1 | 1975–1975 |
Belford v. Scribner
green
2 sentences1915However, appellant cites the case of Belford-Clark Co. v. Scribner, 144 U.S. 488 , 12 Sup.Ct. 734 , 36 L.Ed. 520 , wherein a copy of a certain letter, referable to a certain copyright, certified to as having been received by the Librarian of Congress, was declared by the Supreme Court of the United States as competent evidence, although the certificate of the officer was not under seal. 1915However, appellant cites the case of Belford-Clark Co. v. Scribner, 144 U.S. 488 , 12 Sup.Ct. 734 , 36 L.Ed. 520 , wherein a copy of a certain letter, referable to a certain copyright, certified to as having been received by the Librarian of Congress, was declared by the Supreme Court of the United States as competent evidence, although the certificate of the officer was not under seal. | 1 | 1915–1915 |
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.
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.