Case: Nuttall V. Dallas Independent School District, No. 05-23-00877-CV, 2024 WL 2126714 (Tex. App.—Dallas May 13, 2024) (Mem. Op.)
If you are having issues with your employer, our New Mexico employee’s rights lawyer is available for a free consultation to discuss your case.
The Short Story
A teacher’s case was removed to federal court, federal claims were dismissed, and the case was sent back to state court. The teacher argued removal waived the district’s immunity to state claims.
What The Court Decided
Removal waives only Eleventh Amendment immunity from being in federal court on certain claims; it does not waive Texas governmental immunity to state-law claims.
What This Means For Texas Employees
Suing public schools is complicated. Expect immunity defenses to persist even after removal. Choosing the right claims and forum up front is critical.
If you are having issues with your school district or other employer, Davie & Valdez P.C. is here to help. We offer free consultations and work on contingency. This means that if we don’t win your case, you do not owe us anything. Reach out to us today.