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The University of Houston, Appellant v. Stephen Barth, Appellee

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OPINION

Stephen Barth obtained a judgment awarding damages and attorney’s fees against the University of Houston (“University”) based on a jury’s finding that the University, Barth’s employer, had violated the Texas Whistleblower Act.*fn1 On original submission, we held that the University had waived its liability challenge to the judgment because it had failed to dispute all bases on which the jury could have found that the University violated the Whistleblower Act.*fn2

After our opinion issued, the Supreme Court of Texas decided State v. Lueck in which it held that the elements of the Whistleblower Act must be considered to determine not only liability, but also subject-matter jurisdiction.*fn3 Based on its holding in Lueck, the Supreme Court remands this case to us to determine whether “Barth’s claims meet the Whistleblower Act’s jurisdictional requirements for suit against a governmental entity and, thus, whether the trial court had jurisdiction over Barth’s suit.”*fn4

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