X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

Due to financial exigencies that Hurricane Ike created, the University of Texas Medical Branch at Galveston (“UTMB”) terminated a number of its faculty positions. The medical school’s provost coordinated the termination process, and department chairs recommended faculty members from their departments for termination. A group of faculty members,*fn1 whose positions the school terminated, sued the provost and several department chairs (collectively, “the administrators”),*fn2 asserting various tort claims. Relying on section 101.106(f) of the Texas Tort Claims Act, the administrators moved to dismiss the suit brought against them. See TEX. CIV. PRAC. & REM. CODE ANN. § 101.106(f) (West 2010). The trial court denied the motion. On appeal, the administrators contend that the trial court erred in refusing to dismiss the claims against them because the decisions they made and carried out fell within the scope of their employment, and thus section 101.106(f) precludes a suit against them in their individual capacities. We agree. Accordingly, we reverse and remand with instructions for the trial court to dismiss the claims against the administrators.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

Our client, a multi-state full-service boutique, is seeking to add an insurance coverage associate or counsel to work closely with one of th...


Apply Now ›

Our client, an Atlanta-based and family-owned commercial construction services firm, has engaged us to identify an in-house attorney for the...


Apply Now ›

The Office of the Special Commissioner of Investigation for the New York City School District ( SCI ) has broad authority to investigate wro...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›