Opposite Rulings Refine Scope Of Texas Sovereign Immunity

Law360 (March 20, 2019, 5:57 PM EDT) -- The Texas Supreme Court issued two opinions on March 15, 2019, dealing with breach-of-contract lawsuits in which two different cities sought to have the suits dismissed because of sovereign — or governmental — immunity. The court found immunity had been waived in one case, but not the other.

In Texas, as in most other common law jurisdictions, the state and other governmental entities are immune from suit unless the legislature or the entity itself has expressly waived that immunity. Absent a waiver, therefore, a governmental entity cannot be sued for breaching a contract. To prevent the injustice inherent in such a...

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