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

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

Bass v. Waller County Sub-Regional Planning Commission

The Waller County Sub-Regional Planning Commission challenged the court's jurisdiction over an appeal filed by James Bass, Executive Director of the Texas Department of Transportation. The appeal concerned interlocutory orders from a district court, which included granting partial summary judgment to the Planning Commission and deferring a ruling on a plea to the jurisdiction by the Executive Director. The Executive Director argued for jurisdiction under Section 51.014(a)(8) of the Civil Practice and Remedies Code, asserting an implicit denial of his jurisdictional challenges. However, the appellate court concluded it lacked jurisdiction because the district court's explicit deferral of the jurisdictional ruling contradicted any implied denial, or alternatively, effectively vacated any such implied ruling. Consequently, the Planning Commission's motion was granted, and the appeal was dismissed.

interlocutory appealsubject-matter jurisdictiongovernmental immunityplea to the jurisdictionpartial summary judgmentTexas Civil Practice and Remedies CodeLocal Government Codemandamus reliefinjunctive reliefultra vires claims
References
26
Case No. MISSING
Regular Panel Decision

Texas Department of Human Services v. Sakil

This is an appeal regarding the denial of a plea to the jurisdiction filed by the Texas Department of Human Services (DHS) in a suit for damages. The minor Appellees sued DHS, alleging physical, emotional, and sexual abuse while under DHS care. The central legal question is whether DHS waived its sovereign immunity under the Texas Tort Claims Act, specifically concerning the alleged misuse of information in DHS reports. Following the precedent set in University of Texas Medical Branch at Galveston v. York, the court ruled that information contained in reports does not constitute tangible personal property, and therefore, sovereign immunity was not waived. The trial court's judgment denying DHS's plea to the jurisdiction is reversed, and the case is remanded for further proceedings.

Sovereign ImmunityPlea to the JurisdictionInterlocutory OrderTexas Tort Claims ActTangible Personal PropertyChild AbuseGovernmental ImmunityWaiver of ImmunityAppellate ReviewDe Novo Standard
References
22
Case No. MISSING
Regular Panel Decision

Texana Community MHMR Center v. Silvas

Silvas, an employee of an independent contractor, sued Texana Community MHMR Center after slipping on water and injuring her knee at Texana's facility in October 1998. Texana filed a plea to the jurisdiction, arguing that Silvas failed to comply with the notice provisions of the Texas Tort Claims Act (TTCA) and did not allege facts bringing her claim within the TTCA's limited waiver of sovereign immunity. Silvas contended that Texana had actual notice of the claim. The trial court denied Texana's plea. On interlocutory appeal, the court reviewed the evidence and concluded that Silvas's communication did not constitute actual notice under the TTCA because it failed to convey Texana's alleged fault or the identity of parties intending to hold Texana responsible. Therefore, the appellate court reversed the trial court's order and dismissed the case for lack of subject matter jurisdiction due to insufficient notice.

Sovereign ImmunityTexas Tort Claims ActActual NoticeInterlocutory AppealPlea to the JurisdictionGovernmental UnitPersonal InjuryNegligenceWaiver of ImmunityAppellate Review
References
27
Case No. MISSING
Regular Panel Decision

Texas Department of Family & Protective Services v. Parra

Norma Parra sued the Texas Department of Family and Protective Services for retaliatory discharge after her employment was terminated following a motor vehicle accident and subsequent worker's compensation claim. The Department filed a plea to the jurisdiction, arguing sovereign immunity had not been clearly and unambiguously waived for such claims, especially considering Section 311.034 of the Texas Government Code. The trial court denied the Department's plea. On interlocutory appeal, the appellate court affirmed the trial court's order, concluding that the State Applications Act (SAA) provides a clear and unambiguous waiver of sovereign immunity for retaliation claims against state agencies, and that Section 311.034 did not alter the existing legal framework for determining such waivers.

Retaliatory DischargeSovereign ImmunityWorker's Compensation BenefitsState AgencyPlea to JurisdictionStatutory InterpretationWaiver of ImmunityEmployment LawTexas Labor LawGovernmental Immunity
References
4
Case No. MISSING
Regular Panel Decision

Rylander v. Caldwell

Marcie Caldwell filed a class action lawsuit against the Comptroller, challenging the constitutionality of Texas Government Code section 51.702(b), which mandates a $15 court cost on criminal convictions to supplement judges' salaries. Caldwell alleged that the varying collection of these costs across counties violated her rights under the due course of law and equal rights provisions of the Texas Constitution. The Comptroller filed a plea to the jurisdiction, asserting sovereign immunity and other jurisdictional arguments, which the trial court denied. On appeal, the court affirmed the trial court's denial, holding that Caldwell's suit, seeking a declaration that the statute is unconstitutional and an injunction against the Comptroller's actions, fell within an exception to sovereign immunity and presented a justiciable controversy. The court also clarified that Caldwell was not limited to remedies under the Tax Code or Code of Criminal Procedure.

Constitutional LawSovereign ImmunityPlea to the JurisdictionDeclaratory JudgmentInjunctive ReliefTexas Government CodeCourt CostsStatutory InterpretationDue Course of LawEqual Rights
References
14
Case No. MISSING
Regular Panel Decision

Johnson v. City of Bellaire

Elbert Johnson, an employee of Magnum Staffing, suffered an arm amputation while working for the City of Bellaire on a garbage truck driven by Rosa Larson. Johnson sued the City and Larson for negligence, arguing a waiver of governmental immunity under the Texas Tort Claims Act. The City filed a plea to the jurisdiction, claiming immunity and that Johnson's exclusive remedy was workers' compensation under the "borrowed servant" doctrine. The trial court granted the City's plea. On appeal, the court reversed and remanded, finding a fact issue regarding whether Johnson was a "paid employee" covered by the City's workers' compensation policy, which is essential to determine if an alternative remedy existed and if immunity was waived.

Governmental ImmunityPlea to the JurisdictionWorkers' CompensationBorrowed Servant DoctrineNegligenceTexas Tort Claims ActPersonal InjuryMotor Vehicle AccidentGarbage TruckRemand
References
13
Case No. MISSING
Regular Panel Decision

Assignees of Best Buy v. Combs

This appeal concerns the dismissal of a lawsuit filed by "the Assignees" (consumers who overpaid sales tax on rebated items) against the Texas Comptroller. The Assignees sought tax refunds based on claims assigned to them by retailers (Best Buy, OfficeMax, CompUSA) in prior class-action settlements. Settlement-class counsel had filed aggregated refund claims with the Comptroller, but these were denied on grounds of lack of authority for class counsel to represent individual members in administrative proceedings. The trial court granted the Comptroller's plea to the jurisdiction, which the appellate court affirmed. The appellate court held that the trial courts in the initial class actions lacked jurisdiction to appoint class counsel for individual administrative claims, making those appointments void and thus preventing the Assignees from exhausting administrative remedies to waive sovereign immunity.

Sales Tax RefundClass Action SettlementPlea to JurisdictionAdministrative RemediesSovereign ImmunityAttorney AppointmentJudicial JurisdictionTexas Tax CodeCivil Procedure Rule 42Collateral Attack
References
34
Case No. MISSING
Regular Panel Decision

Texas Mutual Insurance Co. v. Texas Department of Insurance

Texas Mutual Insurance Company appealed a district court's decision that granted a plea to the jurisdiction by the Texas Department of Insurance, Division of Workers’ Compensation. The core issues were whether the Division had exclusive jurisdiction over disputes concerning employers liability insurance coverage periods and if Texas Mutual's challenge to Division rule 110.1 was ripe for adjudication. The appellate court found that the Division does not hold exclusive jurisdiction over employers liability coverage disputes, especially when no workers' compensation benefits claim is pending. Furthermore, the court determined that Texas Mutual's challenge to rule 110.1 was indeed ripe for judicial review. Consequently, the appellate court reversed the district court's judgment and remanded the case for further proceedings consistent with its opinion.

JurisdictionExclusive JurisdictionEmployers Liability InsuranceWorkers' CompensationDeclaratory JudgmentAdministrative Procedure ActRule ChallengeRipenessCoverage DisputeStatutory Interpretation
References
36
Case No. 13-02-00160-CV
Regular Panel Decision
Mar 27, 2003

Texas Department of Health v. Simon Rocha

Simon Rocha, a former employee of the Texas Department of Health (TDH), sued TDH and several employees in their individual and official capacities after his termination. Rocha alleged wrongful termination, civil conspiracy, libel, slander, intentional infliction of emotional distress, and deprivation of constitutional rights (due process and equal protection). Appellants filed a plea to the jurisdiction based on sovereign and qualified immunity. The trial court initially granted special exceptions but later denied the appellants' plea to the jurisdiction in its entirety. On interlocutory appeal, the Court of Appeals, Thirteenth District of Texas, reviewed the trial court's denial of the plea to the jurisdiction. The court found that Rocha failed to establish a waiver of sovereign immunity for his common-law tort claims and did not sufficiently plead a property or liberty interest for his due process claim, nor did he allege specific facts for an equal protection claim. Therefore, the appellate court reversed the trial court's order and rendered judgment granting the appellants' plea to the jurisdiction, dismissing all of Rocha's claims for lack of subject matter jurisdiction.

Sovereign immunityQualified immunityPlea to the jurisdictionInterlocutory appealWrongful terminationCivil conspiracyLibelSlanderIntentional infliction of emotional distressDue process
References
30
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