law-governmental entitities-state-agencies | local government entities | lawsuits against universities |
governmental immunity |
TEXAS SUPREME COURT OPINIONS: GOVERNMENTAL ENTITY LAW
El Paso Hospital District v. Texas Health and Humans Services Comm., No. 05-0372 (Tex. Feb. 22,
2008)(Substitute opinion by Justice David Medina) (agency authority)
EL PASO HOSPITAL DISTRICT D/B/A R.E. THOMASON GENERAL HOSPITAL DISTRICT, ET AL. v.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION AND DON GILBERT, COMMISSIONER; from
Travis County; 3rd district (03-03-00770-CV, 161 S.W.3d 587, 01/21/05)
motion for rehearing granted
opinion and judgment issued August 31, 2007, withdrawn
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Medina delivered the opinion of the Court.
PETITIONS DENIED BY THE TEXAS SUPREME COURT
07-0677 METROCARE EMS, L.P. v. STATE OF TEXAS, OFFICE OF THE GOVERNOR DIVISION OF
EMERGENCY MANAGEMENT AND TEXAS DEPARTMENT OF STATE HEALTH SERVICES; from
Jefferson County; 9th district (09-07-00010-CV, ___ SW3d ___, 06-07-07, pet denied Feb. 2008)
(governmental entities, sovereign immunity)
From all of the above-discussed jurisdictional evidence, we conclude that MetroCare's declaratory
judgment action is, in fact, a suit against the State for purported contractual reimbursement for which
the State has not waived sovereign immunity. We further conclude that MetroCare has failed to plead
and prove the appropriate requisite intent so as to raise a fact question on whether the State
engaged in a "taking" of any MetroCare-owned property under its eminent domain powers. See
Miranda, 133 S.W.3d at 227-28. Because an eminent-domain type of taking by the State has not
been shown, the State is not subject to suit under article I, section 17 of the Texas Constitution. The
trial court erred in denying the State's plea to the jurisdiction. Therefore, we reverse the trial court's
order denying the State's plea to the jurisdiction and dismiss the cause for lack of jurisdiction.
07-0117 STATE STREET BANK AND TRUST COMPANY v. TEXAS SOUTHERN UNIVERSITY;
(Dissenting Opinion by Justice Keyes) from Harris County; 1st district (01-05-00758-CV, 212 SW3d
893, 01-11-07, pet. denied Feb 2008) (Justice O'Neill not sitting)(sovereign immunity, waiver by
conduct approved,
lawsuits against universities)
07-0753
THE UNIVERSITY OF TEXAS SYSTEM, THE UNIVERSITY OF TEXAS AT DALLAS, AND ROBERT
LOVITT v. GURUMURTHY KALYANARAM; from Dallas County; 5th district (05-05-01493-CV, 230
SW3d 921, 08-07-07, pet. denied Jan 2008) (public employment, assertion of immunity, dismissal of
claim for breach of settlement agreement reversed)
CLAIMS AND DEFENSES IN TEXAS COURTS | INDEX TO HOUSTON CASE LAW PAGES |
TEXAS COURT OF APPEALS OPINIONS
HOUSTON OPINIONS HOME PAGE