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Governmental Immunity Bars Suit Against Dallas County Sheriff For COVID-19 Response | Husch Blackwell LLP

To embed, copy and paste the code into your website or blog: In any case where a government official raises a defense of governmental immunity, a key legal question is whether the plaintiff’s pleadings successfully allege ultra vires conduct that the government official acted without legal authority, or failed to perform a purely ministerial act. A just-issued opinion, involving claims against Dallas County Sheriff Marian Brown relating to her response to COVID-19, provides a useful precedent on immunity for governmental officials whose responsibilities involve exercising discretionary powers. Background On May 5, 2021, the Fifth Court of Appeals filed its opinion in

Texans may not be able to sue electric council for damages

Texans may not be able to sue electric council for damages
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Viewpoint: Subrogating Freeze Damage When Texas Power Plants Are Not Dressed For Winter

Viewpoint: Subrogating Freeze Damage When Texas Power Plants Are Not Dressed For Winter By Mark A. Solomon | February 25, 2021 Successful subrogation against power companies is not a given. In determining whether the Electric Reliability Council of Texas (ERCOT) may be sued for its clear negligence in failing to properly winterize power production facilities and the power grid that it runs in Texas, the issue is currently in limbo. The Texas Supreme Court is currently reviewing whether ERCOT will be granted governmental immunity. There are a myriad of reasons Texas has seen power outages, but many of the failures are likely tied to simply being unprepared for extreme cold weather. In Texas, power is generated from natural gas, coal, nuclear, and wind. This is not unsimilar to power generation in states that inhibit colder climates. It is clear that all of this equipment has the capability to be winterized and made to operate in sub-freezing temp

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