Attorney Peter Kelly, appellate counsel for Dawn Nettles, filed a Post Submission Brief with the Dallas Court of Appeals. The brief deals with the question of whether the Texas Legislature intended for GTECH to have derivative governmental immunity. A copy of Nettles’ post submission brief can be viewed >>here<<. GTECH’s appellate counsel filed a responsive brief. In its response, GTECH argued that the Texas Supreme Court has already rejected the argument made in Nettles’ brief. A copy of GTECH’s Response can be viewed >>here<<.
The issue of immunity has been submitted to the Dallas Court of Appeals and an opinion is expected in the near future. It remains to be seen whether the Dallas Court of Appeals will rule on the issue before or after the Austin Court of Appeals hands down its decision in the Steele et al v. GTECH mass action pending in Austin.