A court of appeals dismissal of a construction contractor lawsuit against a state university’s immunity defense was reversed in a first-of-its-kind test decided by the Texas Supreme Court.

In a per curiam opinion, the high court ruled in Pepper-Lawson Horizon International Group LLC v. Texas Southern University that the First Court of Appeals at Houston erred when it used a defense plea to jurisdiction to go “so far into the substance of the claims that plaintiffs would be required to put on their case to establish jurisdiction.”

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