In Texas A&M University v. Bading, several third-party contractors sued Texas A&M University, arguing that the University was financially responsible for any claims brought against the third-party contractors by victims of the tragic collapse of the Aggie Bonfire. The trial court denied Texas A&M's plea to the jurisdiction and the university appealed. At the Waco Court of Appeals, Texas A&M argued that the university was immune from plaintiffs' suit for contribution and indemnity because the Texas Legislature had not waived sovereign immunity for contribution and indemnity claims. The Waco Court agreed, writing that "because there is no statute or resolution of the Legislature authorizing them, the doctrine of sovereign immunity bars all of [the plaintiffs'] claims." Tex. A&M Univ. v. Bading, 236 S.W.3d 801 (Tex. App.--Waco 2007, pet. dism'd as improvidently granted).
In In re the Honorable Errlinda Castillo, a sitting justice on Texas's Thirteenth Court of Appeals filed a petition for writ of mandamus against the Thirteenth Court of Appeals as a whole and its other sitting justices. Justice Castillo brought the petition after the court enacted a transition plan that limited Justice Castillo's assignment of additional opinions after Justice Castillo lost a bid for reelection to the court. After the Thirteenth Court amended its transition plan in response to Justice Castillo's petition, the remaining justices argued that her petition was without merit because appellate justices may have a constitutional right to participate in appellate proceedings but they have no entitlement to initial authorship of majority opinions. The Texas Supreme Court agreed, denying Justice Castillo's petition for writ of mandamus.
The Thirteenth Court's Brief
The Texas Supreme Court Opinion
In In re Commitment of Fisher, the Texas Supreme Court was asked to determine the constitutionality of the Texas Civil Commitment of Sexually Violent Predators Act. The Act permits the State of Texas to commit a sexual predator to outpatient treatment and supervision upon release from a prison or state hospital. The court of appeals had struck the Act as violating the United States Constitution. Ryan Clinton's petition for review earned the rare distinction of leading the Texas Supreme Court to grant the petition before requesting or receiving full briefing on the merits. Ultimately, the Texas Supreme Court reversed the court of appeals's judgment and fully upheld the constitutionality of the statute. In re Commitment of Fisher, 164 S.W.3d 637 (Tex. 2005).
State of Texas's Brief
Texas Supreme Court Opinion