Friday, March 8, 2019

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TEXAS NEVER WAIVED IMMUNITY FOR TERCERO TO SUE IN FEDERAL COURT FOR BREACH OF CONTRACT

An essential flaw in Lily Tercero's claims and judgment is lack of subject matter consideration.  Immunity is a judge made law not found in the constitution.  The state or governmental entity must waive immunity to sue them.  Contract law is state law, so the immunity waiver must come from the state.  The State waiver of immunity in contract only waives immunity for contract cases filed in state court, not federal court.

There is no waiver for suit in federal court.  The court will throw out the verdict on breach of contract based on jurisdiction.  Subject matter jurisdiction can be raised for the first time on appeal.
Sec. 271.156. NO WAIVER OF IMMUNITY TO SUIT IN FEDERAL COURT. This subchapter does not waive sovereign immunity to suit in federal court.
Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff. September 1, 2005.
Once her breach of contract claim fails the dominoes on the other claims come tumbling down.





2 comments:

Anonymous said...

Can you summarize your article in layman's terms? Just want to be sure I am understanding what you are saying.

BobbyWC said...

Basically she could not sue in federal court for breach of contract