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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. No. 03-16-00172-CV
Regular Panel Decision
Nov 30, 2017

Gtech Corp. v. Steele

The case examines derivative sovereign immunity for government contractors under Texas law. The Steele Plaintiffs sued GTECH Corporation, a contractor for the Texas Lottery Commission (TLC), alleging fraud and other claims related to misleading "Fun 5's" scratch-off tickets. GTECH asserted derivative immunity from TLC. The Court held that GTECH was not immune for fraud claims stemming from its independent discretion in not informing TLC about the misleading instructions after a parameter change. However, GTECH was immune for claims based on actions that merely complied with TLC's directives, where it had no discretion to act otherwise. Consequently, the district court's denial of GTECH's plea to the jurisdiction was affirmed in part and reversed in part.

Sovereign ImmunityGovernment ContractorsDerivative ImmunityFraud ClaimsIndependent DiscretionContractual ComplianceTexas Lottery CommissionPlea to JurisdictionAppellate DecisionTortious Interference
References
55
Case No. MISSING
Regular Panel Decision

Lenoir v. U.T. Physicians

This health care liability case involves the death of Shana Lenoir following prenatal care at U.T. Physicians clinic (UTP). The Lenoir family sued UTP, which sought dismissal citing governmental immunity as a state governmental unit. The court examined whether UTP derived its status from legislative authority or qualified as an agency under the Tort Claims Act, or if it could claim derivative immunity as an agent or wholly-owned subsidiary of UTHSCH. The court determined that UTP failed to establish governmental immunity, citing its discretion in managing nursing staff and the lack of specific legislative inclusion in the UT System. The trial court’s dismissal was reversed, and the case remanded for further proceedings.

Governmental ImmunityHealth Care LiabilityMedical MalpracticePrenatal CareTort Claims ActJudicial AdmissionAgency LawSubsidiary LiabilityDiscretionary ActsRespondeat Superior
References
48
Case No. 03-07-00552-CV
Regular Panel Decision
Feb 26, 2009

Rehabworks, LLC v. Michael F. Flanagan, as Receiver for Century Care of America, Inc.

Rehabworks, LLC, a therapy service provider, sued Century Care of America, Inc. for unpaid services and obtained a judgment. When Michael F. Flanagan was appointed as receiver for Century Care during a foreclosure action, Rehabworks intervened, asserting several claims to recover payment. The trial court granted summary judgment to Flanagan, finding him protected by derived judicial immunity for actions taken as receiver. On appeal, Rehabworks challenged this ruling, arguing against the applicability of immunity for implied-contract claims and citing legislative authorization for suits against receivers. The appellate court affirmed the trial court's judgment, concluding that Flanagan's actions were within his authority as an arm of the court, thus entitling him to derived judicial immunity.

Derived Judicial ImmunityReceiver ImmunitySummary Judgment AppealForeclosure ProceedingsImplied Contract ClaimsQuantum MeruitMoney Had and ReceivedAppellate Court DecisionTexas Civil PracticeCourt-Appointed Officer Authority
References
15
Case No. MISSING
Regular Panel Decision

Texas Workforce Commission v. Olivas

Ms. Maria Elena Olivas, a former employee of the Texas Workforce Commission, filed a workers' compensation claim after developing injuries in March 2008. She was subsequently dismissed from employment in May 2009, leading her to file a suit against the Commission for retaliatory discharge. The Commission filed a plea to the jurisdiction, asserting sovereign immunity and arguing that Section 311.034 of the Texas Government Code mandated an unequivocal waiver of immunity, which it claimed was absent in the anti-retaliation provisions of Chapter 451. The trial court denied the Commission's plea. On appeal, the Commission contended that Section 311.034 abrogated existing Texas Supreme Court precedent (*Kerrville State Hosp. v. Fernandez*) that recognized a waiver of sovereign immunity for such claims against state agencies. The appellate court affirmed the trial court's denial, holding that the State Applications Act (SAA) still provides a clear and unambiguous waiver of sovereign immunity for retaliation claims against state agencies, and that neither Section 311.034 nor the *Travis Central Appraisal District v. Norman* decision altered this established legal analysis.

Sovereign ImmunityRetaliatory DischargeWorkers' Compensation ClaimPlea to JurisdictionAppellate ReviewGovernment CodeLabor CodeLegislative WaiverState AgenciesStatutory Construction
References
4
Case No. 01-03-00557-CV
Regular Panel Decision
Sep 10, 2004

State v. the City of Galveston

The State of Texas sued the City of Galveston for negligence after a municipal waterline ruptured under a state highway, causing damage the State had to repair. The City asserted governmental immunity from the negligence claim, and the trial court granted its plea to the jurisdiction, dismissing the case. On appeal, the First District of Texas Court of Appeals addressed whether a municipality enjoys governmental immunity from the State's lawsuit for negligence and actual damages. The court concluded that a municipality does not possess such immunity against the State, reasoning that municipal immunity derives from the State's own sovereignty. Therefore, the appellate court reversed the trial court's order and remanded the cause for further proceedings.

Governmental ImmunityMunicipal ImmunitySovereign ImmunityNegligenceActual DamagesPlea to JurisdictionHome-Rule CityPolitical SubdivisionAppellate ReviewState Lawsuit
References
35
Case No. MISSING
Regular Panel Decision
Nov 08, 2006

Texas Ass'n of School Boards Risk Management Fund v. Benavides Independent School District

The Texas Association of School Boards Risk Management Fund appealed the denial of its plea to the jurisdiction concerning claims brought by the Benavides Independent School District. The School District had sued for breach of contract, torts (DTPA, breach of duty of good faith and fair dealing, fiduciary duties, negligence, gross negligence), and a declaratory action. The appellate court affirmed the trial court's denial of the plea to the jurisdiction for contractual claims, citing a waiver of immunity under Chapter 271 of the Texas Local Government Code, as supported by Ben Bolt-Palito Blanco. However, the court reversed the trial court's order regarding the tort claims, ruling that governmental immunity from suit had not been waived for these claims, thereby dismissing them for lack of jurisdiction. The court also held that governmental immunity exists between political subdivisions unless expressly waived.

Governmental ImmunitySovereign ImmunityPlea to JurisdictionContract ClaimsTort ClaimsInterlocal Cooperation ActLocal Government CodeWaiver of ImmunityPolitical SubdivisionsSchool District
References
12
Case No. MISSING
Regular Panel Decision

Ben Bolt-Palito Blanco Consolidated Independent School District v. Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund

This case addresses an insurance coverage dispute between Ben Bolt-Palito Blanco Consolidated Independent School District (Ben Bolt) and the Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund (the Fund). Ben Bolt sued the Fund after a claim for extensive water and mold damage was denied, leading the Fund to assert governmental immunity. The Supreme Court of Texas determined that the Fund is a distinct governmental unit, thereby entitled to governmental immunity. However, the Court concluded that Section 271.152 of the Local Government Code provides a clear and unambiguous statutory waiver of the Fund’s immunity from suit for breach of contract claims in this context. Consequently, the Supreme Court reversed the court of appeals' judgment and remanded the case to the trial court for further proceedings.

Governmental ImmunityInsurance CoverageSelf-Insurance FundPolitical SubdivisionsInterlocal Cooperation ActBreach of ContractStatutory WaiverTrial Court JurisdictionDe Novo ReviewTexas Law
References
15
Case No. MISSING
Regular Panel Decision

City of Mexia v. Tooke

The City of Mexia contracted with J.E. Tooke and Sons for curbside collection, but later terminated the agreement citing budgetary constraints. Tooke sued the City for breach of contract, and the trial court denied the City's plea to jurisdiction and ruled in favor of Tooke. On appeal, the central question was whether section 51.075 of the Texas Local Government Code waives sovereign immunity for home-rule municipalities. The appellate court examined the statutory language and Supreme Court precedents on immunity waiver, concluding that the 'plead and be impleaded' language does not constitute a clear and unambiguous waiver. Furthermore, the court rejected arguments that the City waived immunity through partial performance or by acting in a proprietary capacity, as solid waste removal is a governmental function. Consequently, the appellate court reversed the trial court's judgment and dismissed the case for lack of jurisdiction.

Sovereign ImmunityHome-Rule MunicipalitiesWaiver of ImmunityBreach of ContractTexas Local Government CodeGovernmental FunctionsProprietary FunctionsPlea to JurisdictionAppellate ReviewStatutory Interpretation
References
33
Case No. MISSING
Regular Panel Decision

Zapico v. Bucyrus-Erie Co.

This case addresses post-trial motions concerning the liability of Atlantic Container Lines (ACL), a stevedore, to Bucyrus-Erie Co., a truck-crane manufacturer and third-party plaintiff. The central issue is whether ACL enjoys immunity from contribution or indemnity claims under 33 U.S.C. § 905, following a jury finding that both Bucyrus-Erie's negligent manufacturing and ACL's incompetent employee (Antonio Fuet) equally contributed to the injury of Adolfo Millan and death of Joseph Zapico, ACL's employees. ACL argued it was immune as a compensation-paying stevedore and lacked an indemnity agreement. The court found that Bucyrus-Erie's claim was not 'on account of' the employee injury, but rather for partial indemnification based on ACL's implied warranty of workmanlike performance or a quasi-contractual theory. The court concluded that extending third-party benefits or apportioning damages based on fault would not violate statutory immunity and would be equitable, especially given manufacturers' lack of control over stevedoring functions and increasing strict liability. Therefore, ACL's motion for judgment in its favor was denied, Bucyrus-Erie Co.'s motion to amend its pleadings was granted, and Celia Zapico's motion to strike the jury's finding of contributory negligence was denied.

Stevedore LiabilityMaritime IndemnityLongshoremen's ActThird-Party ClaimsProduct Manufacturer NegligenceEmployee IncompetenceContribution LawWarranty of Workmanlike PerformanceFederal Civil ProcedurePost-Trial Litigation
References
14
Case No. MISSING
Regular Panel Decision
Jul 22, 2004

City of Texarkana v. Cities of New Boston

Seven cities initiated a lawsuit against the City of Texarkana, operating as Texarkana Water Utilities, asserting both contract and tort claims stemming from their water supply relationship. Texarkana invoked governmental immunity, which the trial court denied. On appeal, the court affirmed that governmental immunity does not shield Texarkana from contract claims, citing a legislative waiver derived from the "plead and be impleaded" language in the Texas Local Government Code. However, the court reversed the trial court's decision regarding the tort claims, ruling that these claims are barred by governmental immunity because providing water services falls under Texarkana's governmental functions as defined by the Texas Tort Claims Act. Consequently, the contract claims were left pending, and the tort claims were dismissed.

Governmental ImmunityMunicipalitiesContract LawTort LawWaiver of ImmunityStatutory InterpretationTexas Local Government CodeWater UtilitiesPolitical SubdivisionsHome-Rule Municipalities
References
49
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