Monday, June 30, 2008

Two PFRs Granted: Supremes to decide open records dispute and jurisdictional issue in whistleblower suit

On June 27, 2008 the Texas Supreme Court granted review in the following appeals involving governmental entities:


THE STATE OF TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION v. GEORGE LUECK; from Travis County; 3rd district (03‑05‑00510‑CV, 212 SW3d 630, 08‑16‑06)("It is undisputed that Lueck is a public employee and that he alleged a claim under the Whistleblower Act. Accordingly, Lueck’s pleadings affirmatively demonstrate the district court’s jurisdiction to hear the case. Miranda, 133 S.W.3d at 226. Therefore, the district court did not err by granting Lueck’s motion to dismiss the Department’s plea to the jurisdiction. We overrule the Department’s first and second issues."


CITY OF DALLAS v. GREG ABBOTT, ATTORNEY GENERAL OF TEXAS; from Travis County; 7th district (07‑06‑00161‑CV, ___ SW3d ___, 08‑13‑07) ("The City of Dallas (City) appeals from the trial court’s determination that documents the City sought to withhold from public disclosure under the Public Information Act (PIA) as confidential attorney-client communication are not excepted and, thus, must be disclosed. We affirm the trial court’s decision.") [Note: The PIA was previously known as the Texas Open Records Act.]

(Justice Willett not sitting)

See list of other cases in which the Supreme Court recently granted review

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