law-WBA | retaliation for reporting illegal activities, violation of the law in the public workplace | Tort Claims Act |
governmental and sovereign immunity to suit and liability | public employment disputes | employment litigation |
Sabine Pilot doctrine as exception to employment at will |
WHISTLEBLOWER ACTIONS IN HARRIS COUNTY TRIAL COURTS
Aug 31, 2009:
BARC vet files whistleblower suit against City of Houston: Gil Costas, DVM vs. The City of Houston
(click case style to see original petition in Cause No. 2009-55767, assigned to the 190th District Court)
WHISTLEBLOWER ACT LITIGATION | CASES FROM HOUSTON COURTS OF
APPEALS AND FROM THE TEXAS SUPREME COURT
State of Texas and TxDOT v. Lueck, No. 06-1034 (Tex. Jun. 26, 2009)(Green)(Whistleblower Act claim
dismissed)(allegation of regulatory noncompliance insufficient, report not to proper law-enforcement
authority, dismissal on the pleadings by plea to the jurisdiction approved; no opportunity to amend)
City of Waco, Texas v. Lopez, No. 06-0089 (Tex. July 11, 2008)(Opinion by Justice Wainwright)
(Public Employment, Whistleblower Act, TCHRA, anti-discrimination statute as exclusive remedy for retaliation
claim at issue, failure to satisfy prerequisites for suit by not bringing administrative complaint first)
The University of Houston v. Barth (Tex.App. - Houston [1st Dist.] July 3, 2008) (Higley)
(jury award in Whistleblower suit reversed, case remanded for retrial)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Higley
Before Justices Nuchia, Alcala and Higley
01-06-00490-CV The University of Houston v. Stephen Barth
Appeal from 113th District Court of Harris County
Trial Court Judge: Hon. Patricia Hancock
Dissenting Opinion by Justice Alcala
Montgomery County v. Park, No. 05-1023 (Tex. Nov. 30, 2007)(Opinion by Chief Justice Jefferson)
(public employment, WBA, adverse employment personnel action); from Montgomery County; 10th district
(10-04-00231-CV, ___ S.W.3d ___, 10/19/05)
The Court reverses the court of appeals' judgment and renders judgment.
Looper v. HCCS (Tex.App.- Houston [14th Dist.] Nov. 29, 2007)(Hedges)
(public employment, breach of contract, defamation, IIED, whistleblower act)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Frost
14-07-00040-CV Stan H. Looper and Cynthia M. Scott v. Houston Community College System, Bruce Leslie,
Diana Castillo, and Reynaldo Garay
Appeal from 152nd District Court of Harris County (Hon. Ken P. Wise)
Texas Department of Human Services v. Okoli (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Taft)
(WBA, public employment, sovereign immunity, DWOJ, interlocutory appeal)
DISMISS APPEAL: Opinion by Justice Taft
Before Justices Taft, Jennings and Alcala)
01-07-00103-CV Texas Department of Human Services v. Oliver Okoli
Appeal from 61st District Court of Harris County (Trial court judge: Hon. John Donovan)
Harris County v. Cheryl Norris, No. 01-04-01087-CV (Tex.App.- Houston [1st Dist.] Nov. 9, 2006, pet filed
2/15/2007 and docketed as cause no. 07-0047)(Opinion by Justice Hanks)
(employment, retaliation, whistle blowing, reporting of suspected abuse)
The Ed Rachal Foundation v. D’Unger, No. 03-1101 (Tex. Apr. 21, 2006)(per curiam opinion) (whistle
blowers, no common law cause of action, doctrine of employment at will)
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