Did the Texas Supreme Court substitute fair notice pleading for well-pleaded complaints? Texas Rule of Civil Procedure 91a was adopted in 2013, and provides a “no reasonable person could believe” standard. Until recently, whether “no reasonable person could believe” meant “plausibility” remained an unanswered question. In City of Dallas v. Sanchez, No. 15-0094 (July 1,
immunity
Whistleblowers: Who Ya Gonna Call?
By Mike Northrup on
Posted in Uncategorized
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,…
Eleventh Amendment Doesn’t Bar the Government from Suing a State
By Mike Northrup on
Posted in Opinions & Judgments
If the Eleventh Amendment to the U.S. Constitution bars your suit against a State, maybe the U.S. Government can bring the suit for you. That’s what happened in EEOC v. Board of Supervisors for the University of Louisiana System.
Dr. Van McGraw initially filed an age discrimination suit against the University of Louisiana System ("ULS"), after ULS implemented a new policy prohibiting the re-employment of retirees on a regular full-time basis. McGraw was ultimately unsuccessful.
After McGraw unsuccessfully attempted to be rehired by ULS as an associate dean or as a professor, he filed a discrimination charge with the EEOC. The EEOC took up his claim and filed an action against ULS seeking injunctive relief and relief for the benefit of McGraw. ULS filed a motion for summary judgment and a motion to dismiss, arguing that the Eleventh Amendment barred the proceedings. After the district court denied the motions, ULS filed an interlocutory appeal.Continue Reading Eleventh Amendment Doesn’t Bar the Government from Suing a State
Whistleblower Act and scope of waiver of immunity
By Mike Northrup on
Posted in Opinions & Judgments
The Houston Fourteenth District Court of Appeals highlighted a split of authority in the courts of appeals regarding waiver of immunity in the Texas Whistleblower Act. In Galveston ISD v. Jaco, the Court considered the question of whether immunity from liability is coextensive with immunity from suit under the Whistleblower Act. The Court…