Spring 2015

Immunity from Breach of Contract Claims

Should the decision in Tooke v. City of Mexia (holding that “sue and be sued” language in a statute did not, by itself, waive immunity from suit for claims against governmental entities) be applied retroactively to void judgments that have already been finalized and for which direct appellate review has been exhausted?  Engelman Irrigation Dist. v. Shields Bros. Inc., No. 15-0188 (Texas Supreme Court, pet. filed).  LAF’s Attorney: Ray Viada, Viada & Strayer, The Woodlands.