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

Case No. 03-01-00340-CV
Regular Panel Decision
Aug 09, 2001

Rick Perry, in His Official Capacity as Governor of the State of Texas Henry Cuellar, in His Official Capacity as Secretary of State of the State of Texas v. Alicia Del Rio, Phyllis Dunham and Jeremy Wright

This case is an interlocutory appeal from the denial of a plea to the jurisdiction by the District Court of Travis County. Appellants, including the Governor, Lieutenant Governor, and Secretary of State of Texas, argued that they were not 'governmental units' for the purpose of interlocutory appeal and that the appellees' redistricting claims were not ripe. The Third District Court of Appeals at Austin affirmed the district court's order, holding that state officials acting in their official capacities are indeed 'governmental units' under the Civil Practice & Remedies Code. The court also found that the consolidated redistricting lawsuit was ripe for judicial consideration, particularly after the state legislature adjourned without enacting a new congressional redistricting plan. Lastly, the court clarified that a prior federal court's retained jurisdiction over 1990 census-based redistricting did not preclude state court jurisdiction over challenges based on the 2000 census.

Interlocutory AppealPlea to the JurisdictionGovernmental UnitRipeness DoctrineOfficial CapacityRedistrictingCongressional DistrictsJurisdictionTexas ConstitutionCivil Practice & Remedies Code
References
27
Case No. No. 08-22-00029-CV (TC# 2021DCV1132)
Regular Panel Decision
Mar 27, 2023

Ricardo A. Samaniego, in His Official Capacity as County Judge, Carlos Leon, in His Official Capacity as County Commissioner, David Stout, in His Official Capacity as County Commissioner, Illiana Holguin, in Her Official Capacity as County Commissioner, Carl L. Robinson, in His Official Capacity as County Commissioner v. Associated General Contractors of Texas, Highway, Heavy, Utilities & Industrial Branch and a Brothers Milling, LLC

The El Paso County Commissioners Court, including County Judge Ricardo A. Samaniego and Commissioners, appealed the denial of their plea to the jurisdiction. They were sued by Associated General Contractors of Texas and A Brothers Milling, LLC, who alleged the Commissioners Court acted ultra vires in setting prevailing wage rates for heavy-highway construction projects in El Paso County. The Appellants argued governmental immunity shielded them and that their wage determinations were final. The appellate court affirmed the trial court's denial, concluding that the Appellees had sufficiently pleaded an ultra vires claim, which falls within the trial court's subject-matter jurisdiction. The court clarified that ultra vires acts by public officials are not considered acts of the state and therefore are not subject to the finality clause.

Governmental ImmunityUltra Vires ActPrevailing Wage RatePublic WorksSubject Matter JurisdictionInterlocutory AppealPlea to the JurisdictionTexas Government CodeStatutory InterpretationEl Paso County
References
16
Case No. 08-23-00124-CV
Regular Panel Decision
Aug 21, 2024

David Hornberger, in His Official Capacity, Ryan Anderson, in His Official Capacity, Brian Hamilton, in His Official Capacity, Bonnie Giddens, in Her Official Capacity, Lisa Krenger, in Her Official Capacity, Perry Shankle, in His Official Capacity, Stacy Sharp, in Her Official Capacity, Dr. Dana Bashara, in Her Official Capacity, and Alamo Heights Independent School District v. Selina Jones, Roy Hummel and Leslie Michelle Pruitt

This case concerns an appeal regarding governmental immunity and the applicability of Chapter 21 of the Texas Property Code to a property acquisition not involving eminent domain. The Alamo Heights Independent School District (AHISD) purchased an apartment complex, displacing its tenants, who subsequently sued AHISD and its officials for relocation assistance under Texas Property Code Sections 21.043 and 21.046. The Residents asserted ultra vires claims, arguing that AHISD officials failed to perform ministerial duties. The trial court denied AHISD’s jurisdictional challenge and granted partial summary judgment to the Residents. On interlocutory appeal, the Eighth District of Texas Court of Appeals reversed, holding that Chapter 21, which governs eminent domain proceedings, does not apply to properties acquired through an arm’s length purchase. Therefore, the court concluded that AHISD’s governmental immunity was not waived, and the trial court lacked subject matter jurisdiction over the Residents' claims, leading to the dismissal of the case.

Governmental ImmunityStatutory ConstructionEminent DomainRelocation AssistanceTexas Property CodeUltra Vires ClaimSummary JudgmentAppellate JurisdictionBexar CountyEl Paso Court of Appeals
References
54
Case No. 17-0713
Regular Panel Decision
May 03, 2019

Luis Garcia v. City of Willis, Leonard Reed, in His Official Capacity as [Mayor] of the City of Willis, James Nowak in His Official Capacity as Chief of Police of the City of Willis, Hector Forestier, in His Official Capacity as City Manager of the City of Willis

Luis Garcia, representing a putative class, filed suit against the City of Willis and its officials, challenging the constitutionality of red-light camera statutes and a city ordinance, seeking declaratory, injunctive relief, and a refund of civil penalties paid. The trial court denied the city's plea to the jurisdiction, but the court of appeals reversed, concluding Garcia failed to exhaust administrative remedies and that governmental immunity barred his reimbursement claim. The Supreme Court of Texas affirmed the court of appeals' judgment, holding that Garcia lacked standing for his prospective claims due to having already paid the fine and facing no imminent future harm. Furthermore, his reimbursement claim was barred by governmental immunity because he voluntarily paid the fine without utilizing administrative remedies that would have provided a stay. Regarding his constitutional-takings claim, the Court found that although governmental immunity does not apply, Garcia was still required to exhaust administrative remedies before initiating a takings claim in district court, as the administrative process had the potential to moot his claim. Consequently, the Court affirmed the dismissal of Garcia's claims.

Red-light camerasConstitutional challengeAdministrative remediesStandingGovernmental immunityUltra viresDeclaratory judgmentInjunctive reliefCivil penaltyTraffic enforcement
References
32
Case No. 08-19-00144-CV
Regular Panel Decision
Jan 31, 2020

Permiacare, Ramora Thomas in Her Capacity as Executive Director of Permiacare and Todd Luzadder, in His Official as Director of Mental Health Services of Permiacare v. L. R. H.

This case concerns L.R.H.'s lawsuit against PermiaCare and its officials for alleged violations of statutory duties, failure to provide billed Medicaid services, and discrimination under the Americans with Disabilities Act and the Rehabilitation Act. The appellate court affirmed in part and reversed in part the trial court's denial of PermiaCare's plea to the jurisdiction. Specifically, it found that several ultra vires claims for prospective injunctive relief required re-pleading due to insufficient factual allegations, dismissed the Medicaid billing claim, and upheld the federal discrimination claims. The case has been remanded for further proceedings.

Mental HealthDisability RightsOfficial CapacitySovereign ImmunityJudicial ReviewUltra ViresAmericans with Disabilities ActRehabilitation ActMedicaid FraudPleading Standards
References
40
Case No. 15-25-00013-CV
Regular Panel Decision
May 07, 2025

State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture

Broadmoor Austin Associates leased office space to the Texas government, specifically the Texas Health and Human Services Commission (HHSC), through the Texas Facilities Commission (TFC). Rent has been unpaid for nearly two years due to alleged misconduct by state officials. Broadmoor asserts that sovereign immunity does not bar its claims for breach of contract, citing Chapter 114's express waiver for contracts involving construction and related services. Additionally, Broadmoor brings ultra vires claims against TFC Executive Director Mike Novak and HHSC Deputy Executive Commissioner Roland Niles, alleging their actions were beyond legal authority or a failure to perform ministerial duties. Broadmoor seeks prospective injunctive and declaratory relief to ensure these officials comply with state law, specifically regarding the availability of appropriated funds for the lease.

Sovereign ImmunityBreach of ContractUltra Vires DoctrineState AgenciesGovernment ContractsLease AgreementsLegislative AppropriationsExecutive AuthorityJudicial ReviewTexas Facilities Commission
References
69
Case No. 03-21-00429-CV
Regular Panel Decision
Jan 06, 2022

Greg Abbott in His Official Capacity as Governor of Texas And Ken Paxton In His Official Capacity as Texas Attorney General v. Harris County, Texas

This case involves an interlocutory appeal by Governor Greg Abbott and Attorney General Ken Paxton challenging a trial court's denial of their plea to the jurisdiction and the issuance of a temporary injunction. The core legal question is whether Governor Abbott, under the Texas Disaster Act, can issue an executive order (GA-38) that prohibits local governmental entities, such as Harris County, from implementing face-covering requirements. Harris County officials contend these mandates are vital for public health during the COVID-19 pandemic. The Court of Appeals affirmed the trial court's orders, concluding that the trial court possessed subject-matter jurisdiction and did not err in granting the temporary injunction, as the Governor's actions were likely ultra vires.

Texas Disaster ActExecutive Order GA-38Face Covering MandatesCOVID-19 MitigationLocal Government AuthorityGubernatorial PowersUltra Vires ClaimTemporary InjunctionSubject Matter JurisdictionSovereign Immunity
References
32
Case No. MISSING
Regular Panel Decision

Federal Express Corp. v. Dutschmann

Marcie Dutschmann, a former Federal Express employee, sued Federal Express for retaliatory discharge and breach of contract. A jury found that Federal Express terminated Dutschmann in retaliation for sexual harassment complaints and failed to exercise good faith in its Guaranteed Fair Treatment Procedure (GFTP) following her termination. Federal Express appealed the $89,000 judgment, raising five points related to sufficiency of evidence, contract formation from employee handbooks, breach of contract submission, good faith and fair dealing in employment, and attorney’s fees. The court affirmed the judgment, finding sufficient evidence for retaliatory discharge and that Federal Express's GFTP created a contractual duty of good faith, which it breached by manipulating the review process.

Retaliatory DischargeSexual HarassmentEmployment ContractEmployee HandbookGood Faith and Fair DealingPunitive DamagesAppellate ReviewJury VerdictDue ProcessGrievance Procedure
References
27
Case No. MISSING
Regular Panel Decision

Federal Insurance v. Watnick

Jay and Marianna Watnick, New York residents, were severely injured in a car accident in Quebec with Jay Anderson. They were insured by Federal Insurance Company under a policy with uninsured and underinsured motorist endorsements. After seeking limited compensation from Quebec's Régie, Federal denied their claims, arguing Anderson's vehicle was neither uninsured nor underinsured, and sought to stay arbitration. The Supreme Court granted Federal's application to stay both claims, but the Appellate Division reversed the stay for the underinsured claim. The Court of Appeals agreed that Anderson's vehicle was not uninsured. However, it disagreed with the Appellate Division on the underinsured claim, ruling that the Watnicks had not exhausted by payment the limits of all applicable bodily insurance policies as required by statute and their policy. Consequently, the Court modified the Appellate Division's order, granting Federal's application to permanently stay arbitration of the underinsured motorist claim, thereby reinstating the Supreme Court's original decision to stay both claims.

Underinsured Motorist CoverageUninsured Motorist EndorsementCar AccidentQuebec Automobile Insurance ActExhaustion of Policy LimitsInsurance LawVehicle and Traffic LawArbitration StayNew York Insurance PolicyInter-jurisdictional Accident
References
3
Case No. MISSING
Regular Panel Decision

Reich v. Federation of Catholic Teachers, Inc.

The Secretary of Labor initiated an action to set aside the March 1993 election of the Federation of Catholic Teachers' officers and council members, alleging violations of Title IV of the Labor-Management Reporting and Disclosure Act (LMRDA). The Secretary contended the election was unfair due to the official ballot promoting incumbents as "The Action Team" while listing challengers simply as "The Opposition," and improper involvement of the incumbent president, Margaret Menard, in the election process. The court found the ballot unfair, constituting a violation of 29 U.S.C. § 481(c), ruling that the incumbent slate designation "The Action Team" without a corresponding name for the opposition slate was a violation, regardless of intent. Given the close election margins, the court determined that this violation may have affected the outcome and ordered a new election under the Secretary's supervision. While the court dismissed the claim of improper involvement by Menard, it noted the election's excessive informality and casual attitude towards legal requirements, instructing future elections to ensure committee independence and adherence to Department of Labor guidelines.

Labor-Management Reporting and Disclosure ActLMRDA Title IVUnion ElectionElection ViolationUnfair BallotIncumbent SlateOpposition SlateExhaustion of RemediesPrima Facie CaseBurden of Proof
References
5
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