1. Home
  2. Browse Decisions
  3. S.W.3d
  4. 322 S.W.3d
  5. 322 S.W.3d 192 (2010)
 

UNIVERSITY OF TEXAS AT EL PASO v. HERRERA

No. 08-1049.

322 S.W.3d 192 (2010)

The UNIVERSITY OF TEXAS AT EL PASO, Petitioner, v. Alfredo HERRERA, Respondent.

Supreme Court of Texas.

Decided July 2, 2010.

Attorney(s) appearing for the Case

Sean D. Jordan , Assistant Solicitor General, Greg W. Abbott , Attorney General of Texas, Clarence Andrew Weber , First Assistant Attorney General, David S. Morales , Office of the Attorney General of Texas, James C. Ho , Solicitor General of Texas, Timothy Earl Bray , General Litigation Division, Austin, TX, for University of Texas at El Paso.

John P. Mobbs , John Andrew Wenke , Law Office of John A. Wenke, El Paso, TX, for Alfredo Herrera.

Justice WILLETT delivered the opinion of the Court.

This case under the Family and Medical Leave Act (FMLA) raises two important immunity issues: (1) did Congress validly abrogate Texas' sovereign immunity under the FMLA's self-care provision; and if not (2) did the University of Texas at El Paso (UTEP) waive the State's immunity through a single sentence in its Handbook of Operating Procedures? We hold that UTEP's immunity was neither validly abrogated nor voluntarily...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases