Kinnear v. Texas Commission on Human Rights Ex Rel. Hale

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the State was not immune from a counterclaim for attorney's fees in an enforcement action under the Texas Fair Housing Act
• holding that when Commission sued Kinnear, it waived immunity from suit as to Kinnear's counterclaim for attorney's fees sought as a consequence of Commission's lawsuit
• holding that when Commission sued Kinnear, it waived immunity from suit as to Kinnear’s counterclaim for attorney’s fees sought as a consequence of Commission’s lawsuit
• holding that the court of appeals erred in raising the issue of immunity from liability sua sponte because, unlike immunity from suit, immunity from liability is waived if not pleaded
• finding immunity from suit waived when private party sought attorney’s fees as a consequence of a suit brought by the State
• observing that affirmative defenses “must be pleaded, or it is waived”

Source: CourtListener parenthetical corpus (CC0).