Texas Supreme Court Holds Whistleblower Act’s Substantive Limitations Jurisdictional in Three Cases

In State v. Lueck, a governmental employee was terminated after a vendor charged the State hundreds of thousands of dollars for disputed work.  The employee then sued the State, claiming that an e-mail he previously wrote to his supervisor protected his conduct under the Texas Whistleblower Act.  The State, represented by Ryan Clinton, appealed to the Texas Supreme Court, arguing that the substantive elements of the Whistleblower Act limited the jurisdiction of Texas courts, and that the plaintiff’s claim fell outside the Act’s waiver of immunity from suit and liability.   After briefing and oral argument, the Texas Supreme Court agreed and dismissed the suit for lack of subject-matter jurisdiction.  State v. Lueck, 290 S.W.3d 876, 886 (Tex. 2009).

In addition to State v. Lueck, Ryan Clinton handled two more cases in the Texas Supreme Court on the same issue.  The Court also held for the state agency at issue in each of the two additional companion cases.  See Texas Dept. of Health & Human Services v. Okoli, 440 S.W.3d 611 (Tex. 2009); Texas Dept. of Transp. v. Garcia, 293 S.W.3d 195 (Tex. 2009).

State of Texas's Brief
Supreme Court of Texas Opinion (Lueck)