Plea was properly denied due to need to develop record; further split in courts of appeal regarding jurisdictional nature of SOL continues

Beaumont Independent School District v. George W. Thomas Jr. 09-15-00029-CV (Tex. App. – Beaumont, January 28, 2016). This is a Texas Whistle Blower Act case where the Ninth Court of Appeals affirmed in part and reversed in part the denial of a
Read More

Fourth Court holds notice provisions in a contract cannot be addressed in a plea to the jurisdiction since they can be waived.

City of San Antonio v. Casey Industrial, Inc. 04-14-00429-CV (Tex. App. – San Antonio, January 27, 2016) This is an immunity in contract case where the Fourth Court of Appeals first issued an opinion in July of 2015 upholding the City’s immunity
Read More

U.S. Supreme Court holds government contractor not entitled to derivative immunity; also full offer of settlement does not moot Plaintiff’s claims

Campbell-Ewald v. Gomez, 14-857 (January 20, 2016) The United States Supreme Court issued this opinion on derivative sovereign immunity for contractors. The United States Navy contracted with Campbell-Ewald Company (“Campbell”) to develop a multimedia recruiting campaign that included the sending of text
Read More

Officers entitled to qualified immunity after issuing no-trespass order prohibiting individual from entering City Hall

Vincent v. City of Sulphur No. 15-30182 (5th Cir. October 28, 2015) This is a §1983 lawsuit where the U.S. Court of Appeals for the Fifth Circuit granted qualified immunity to police officers who issued a no trespass warning to an individual
Read More