cases-Universities
LITIGATION INVOLVING UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER
EDUCATION
lawsuits by employees | employment litigation | disputes | termination | discharge | separation from employment
suits by students
HCLC / medical malpractice suits by patients against medical schools
premises liability and non med-mal negligence lawsuits
suits against public institutions | public employment litigation |
sovereign immunity | governmental immunity | Tort Claims Act | Whistleblower Act
private universities | Baylor University | UTMB |
RECENT TEXAS SUPREME COURT OPINIONS
UT-PAN AM v. Aguilar, No. 07-0424 (Tex. Apr. 18, 2008)(per curiam) (TTCA, premises liability, dangerous
condition, ostrich defense)
PETITIONS RECENTLY DENIED BY THE TEXAS SUPREME COURT
09-0473
MARGARET VILLARREAL v. DEL MAR COLLEGE; from Nueces County; 13th district (13-07-00119-CV, ___ SW3d
___, 03-26-09 pet. denied July 2009) (employment law, national origin discrimination in employment claim,
retaliation, definition of adverse employment action)(summary judgment for defendant employer affirmed)
07-0834
EUGENE OSADCHY v. SOUTHERN METHODIST UNIVERSITY; from Dallas County; 5th district
(05-06-01115-CV, 232 SW3d 844, 08-28-07, pet. denied July 2008) as redrafted (premises liability)
09-0294
PHILIP HADLOCK v. TEXAS CHRISTIAN UNIVERSITY, MARY VOLCANSEK, SHARON FAIRCHILD, JEFFREY
TODD, YUMIKO KEITGES, JEAN KNECHT AND WILLIAM POHL; from Tarrant County;
2nd district (02-07-00290-CV, ___ SW3d ___, 02-26-09, pet. denied July 2009)
(employment law, university tenure denial, defamation claim)
08-0069
BAYLOR UNIVERSITY MEDICAL CENTER, AND SARA THOMAS, R.N. v. DIANNA ROSA; from Dallas County; 5th
district (05-07-00639-CV, 240 SW3d 565, 12-07-07)
(HCLC, sufficiency of expert report, suits against universities)
08-0003
FRANK GUTIERREZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF THERESA GUTIERREZ,
DECEASED, AND AS NEXT FRIEND OF MICHELLE GUTIERREZ, A MINOR, AMANDAMA GUTIERREZ, FRANK
GUTIERREZ, JR. AND PATRICIA RAMIREZ v. UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER OF HOUSTON;
from Harris County; 1st district (01-07-00455-CV, 237 S.W.3d 869, 10-11-07, pet. denied May 2008)(suit against
university, interlocutory appeal, HCLC, failure to serve expert report) (Section 74.351(b) mandates dismissal of this
case based on appellees' failure to serve properly UTHSCH with an expert report.)
08-0112
R. SCOTT PHELAN v. TEXAS TECH UNIVERSITY; from Travis County; 7th district
(07-07-00171-CV, ___ S.W.3d ___, 01-23-08, pet. denied May 2008)(litigation involving universities,
whistleblower act, due process claims rejected)
05-0688
WILLIAM O'ROURKE, INDIVIDUALLY; LAURA O'ROURKE, INDIVIDUALLY; AND LAURA O'ROURKE, AS NEXT
FRIEND OF BROCK O'ROURKE v. ANTONIO J. VILLASAN, M.D.; from Jefferson County; 9th district
(09-04-00409-CV, 166 SW3d 752, 05-26-05, pet. denied March 2008) (dismissal of employee, election of
remedies, defendant to sue)(UTMB cases)(governmental entity as defendant, lawsuits against universities)
07-0709
ENES KANLIC, M.D. v. SHIRLEY MEYER; from El Paso County; 8th district
(08-06-00292-CV, 230 SW3d 889, 07-26-07, pet. denied March 2008) (HCLC, universities as defendants)
Appellant Enes Kanlic, M.D. ("Dr. Kanlic") appeals the trial court's denial of his motion to dismiss pursuant to Texas
Civil Practice and Remedies Code sections 101.106(a) and (f). Finding no error, we affirm. ... Appellee Shirley
Meyer ("Meyer") filed this medical malpractice action against Dr. Kanlic and Texas Tech University System in July
of 2006, citing portions of chapter 74 of the Civil Practice and Remedies Code. Tex. Civ. Prac. & Rem. Code Ann.
§§ 74.001-.507 (entitled "Medical Liability").
07-1022
JOSEPHINE S. ALOBAIDI v. THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON; from Harris
County; 14th district (14-06-00303-CV, ___SW3d ___, 10-30-07, pet. denied March 2008)
(public employment, retaliatory discharge, suits against universities)
07-0117
STATE STREET BANK AND TRUST COMPANY v. TEXAS SOUTHERN UNIVERSITY; (Dissenting Opinion by Justice
Keyes) from Harris County; 1st district (01-05-00758-CV, 212 SW3d 893, 01-11-07, pet. denied Feb 2008)
(Justice O'Neill not sitting)(sovereign immunity, waiver by conduct approved)
07-0753
THE UNIVERSITY OF TEXAS SYSTEM, THE UNIVERSITY OF TEXAS AT DALLAS, AND ROBERT LOVITT v.
GURUMURTHY KALYANARAM; from Dallas County; 5th district (05-05-01493-CV, 230 SW3d 921, 08-07-07, pet.
denied Jan 2008) (public employment, assertion of immunity, dismissal of claim for breach of settlement agreement
reversed)