Legal Opinion

Meena Bansal Individually and as Representative of Estate of Munish Bansal, and Virinder Bansal v. University of Texas M.D. Anderson Cancer Center

Court of Appeals of Texas

Decided August 25, 2016No. 14-15-00986-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

Tracy Christopher, Justice

In this wrongful-death' and survival action, the plaintiffs appeal the grant of the defendant state hospital’s plea to the jurisdiction asserting sovereign immunity. We conclude that the hospital’s Eleventh Amendment sovereign immunity from suit on, the plaintiffs federal claim has been neither waived nor abrogated, and that the plaintiffs’ state-law claims cannot be brought within the Texas Tort Claims Act’s waiver of sovereign' immunity. We therefore affirm the trial court’s judgment granting the jurisdictional plea and dismissing the plaintiffs’ claims with…

2Cases cited37 opinions

  1. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  2. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  3. Alden v. MaineSupreme Court of the United States · 1999
  4. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  5. City of Boerne v. FloresSupreme Court of the United States · 1997

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3Cited by9 opinions

  1. Schmitz v. Denton Cnty. Cowboy ChurchCourt of Appeals of Texas · 2018
  2. Rosenberg Development Corp. v. Imperial Performing Arts, Inc.Court of Appeals of Texas · 2017
  3. Bexar County Hospital District D/B/A University Health F/K/A University Health System v. Consuelo Levine, Texas Court of Appeals, 8th District (El Paso)2025
  4. Bexar County Hospital District D/B/A University Health F/K/A University Health System v. Consuelo Levine, Texas Court of Appeals, 8th District (El Paso)2026
  5. City of Fort Worth v. Soledad Alvarez, Individually and as Representative of the Estate of Jessica Romero And Sonya Torres, Individually and as Representative of the Estate of Llaylanii Romero, Texas Court of Appeals, 2nd District (Fort Worth)2022

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