Each calendar year, the Supreme Court of Texas agrees to hear and decide somewhere around 80 petitions for review.   This is only a fraction of the petitions for review that come knocking on the court’s door.   When the court grants a petition for review the odds are very strong that the court is going to reverse the court of appeals judgment.  Overall reversal rates range between 75% to 85% for the years 2014 through 2017, with the average reversal rate for all four years being 82.2%.

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The Texas Whistleblower Act protects a public employee who makes a good faith report of a legal violation by his or her employer “to an appropriate law enforcement authority.” Tex. Gov’t Code  § 554.002(a).   Texas law has generally held that the “appropriate law enforcement authority” must be an authority that has outward-looking powers to investigate,