Texas Supreme Court

Texas a & M University-Kingsville Petitioners v. Grant M. Lawson, Respondent

June 20, 200245 Tex. Sup. Ct. J. 857

Summary

The Texas Supreme Court held that a government entity that has waived sovereign immunity for a claim (here, under the Whistleblower Act) may not later claim immunity to enforce a settlement agreement of that claim, and affirmed the Court of Appeals’ judgment. The Court also noted that the validity of the settlement agreement itself remains for further determination on remand. A dissent argued that the state retains immunity in ordinary breach‑of‑contract actions, while a concurrence agreed with the judgment on the basis that legislative authorization of contracts waives immunity.