Tex. Sup. Ct. Opinions by Justice Brister (Tex. 2006)

2007 Majority Opinions by Justice Scott Brister

A New Twist in the Evolving Immunity Doctrine: Galveston Held Immune in State v. City Suit

City of Galveston v. State of Texas, No. 04-0890 (Tex. Mar. 2, 2007)(Justice Brister)
[sovereign immunity, statutory immunity waiver, permission to sue]
Texas has long required the Legislature’s permission to bring suit against governmental entities.[55]
There is no reason the Attorney General or the Department of Transportation could not have applied for
such permission here.
Accordingly, we reverse the court of appeals’ judgment and render judgment dismissing the State’s claim.
Dissent by Willet
In this case, where you end up depends on where you start. The Court’s starting point is that a city
cannot be sued unless the Legislature has unmistakably waived immunity. I agree wholeheartedly when
the petition reads “Citizen v. City” but in the exceedingly rare case when it reads “State v. City,” there is
nothing for the Legislature to waive.
I respectfully dissent because I believe that history, logic, precedent, and the underlying justifications for
recognizing governmental immunity in the first place all weigh against recognizing its existence in this case.

Don R. Willett, Justice

State Farm Life Ins. Co. v. Martinez, No. 05-0812 (Tex. Feb 16, 2007)(Justice Scott Brister)

2007 Cases wiht Separate Opinion by Brister

County of Dallas v. Wiland, No. 04-0247 (Tex. Feb. 16, 2007)(Hecht)
County of Dallas v. Wiland, No. 04-0247 (Tex. Feb. 16, 2007) (Sep arate opinion by Brister)

C ounty of Dallas v. Walton, No. 04-0631 (Tex. Feb. 16, 2007)(Hecht)
County of Dallas v. Walton, No. 04-0631 (Tex. Feb. 16, 2007)(Sep arate opinion by Brister)

2006 Majority Opinions Authored by Justice Brister

Tony Gullo Motors v. Chapa, No. 04-0961 (Tex. Dec. 22, 2006)(Brister)
Tony Gullo Motors v. Chapa, No. 04-0961 (Tex. Dec. 22, 2006)(concurrence by Johnson )
Tony Gullo Motors v. Chapa, No. 04-0961 (Tex. Dec. 22, 2006)(dissent by O'Neill )

Fiess v. State Farm Lloyds, No. 04-1104 (Tex. Aug. 31, 2006)(Aug 31, 2006)(Justice Brister)
(certified question from 5th Circuit) Dissent by Justice Medina

City of San Antonio v. Hartman, No. 05-0147 (Tex. Aug. 31, 2006)(Justice Brister)

Minnesota Life Ins. Co. v. Vasquez, No. 04-0477 (Tex. Apr. 7, 2006)(Justice Brister)
[insurance law, contractual and extra-contractual claims against insurer, prompt payment rule,
interpleader]

Tesco v. Strong, No. 04-0269 (Tex. Mar. 17, 2006)(Brister) Dissent by Hecht
[judicial recusal, disqualification of justice with prior association of law firm representing party in appeal]

In Re Hon. Karen Angelini, No. 06-0088 (Tex. Feb. 24, 2006)(Brister)
[judicial office, filing deadline problem]

In re Hon. Robert Francis, No. 06-0040 (Tex. Jan 27, 2006)(Brister)
[primary elections, ballot access, error correction]

In Re Hon. Charles Holcomb, No. 06-0042 (Tex. Jan. 27, 2006)(mandamus)(Brister)
[judicial campaign, error in filing for primary]

In Re Jim Sharp, No. 06-0061 (Tex. Jan. 27, 2006)(mandamus)(Brister)
[primary filing, curing error]

Also see ---> 2006 Texas Supreme Court Per Curiam Opinions
Opinions written by other justices: Chief Justice Wallace B. Jefferson | Ju stice Nathan L. Hecht |
Justice Harriet O'Neill | Justice Dale Wainwright | Justice Scott A. Brister | Justice David Medina |
Justice Paul W. Green | Justice Phil Johnson | Justice Don R. Willett |