The Lone Star Review - State

Abatement of Texas Attorney General Whistleblower Lawsuit? Not Everyone is in Agreement

PLEASE NOTE: Nothing in this publishing or on this website should be taken as legal advice.

Abatement of Texas Attorney General Whistleblower Lawsuit? Not Everyone is in Agreement

It is said that the Dallas Morning News was the first to report on settlement talks related to a case where the Texas Attorney General is accused of various allegations which caused the whistleblower lawsuit to be filed.

The lawsuit has been ongoing for over two years and is currently in the Texas Supreme Court. We reached out to James “Blake” Brickman’s legal counsel, but haven’t received a response.

Texas Attorney General Abatement Motion Filed on January 26, 2023

Titled, “JOINT MOTION TO ABATE BY PETITIONER OFFICE OF THE ATTORNEY GENERAL AND RESPONDENTS J. MARK PENLEY, DAVID MAXWELL, AND RYAN M. VASSAR,” filed into the Texas Supreme Court to request the court to hold off on rendering a decision.

Specifically quoted from the motion:

Petitioners and three of the four respondents are actively engaged in settlement discussions, with mediation tentatively planned for February 1, 2023. Uncertainty regarding whether this Court will grant the petition for review is a material factor in the parties’ negotiations, so abatement will facilitate settlement of the underlying matter. Should the parties reach a settlement, they anticipate moving for disposition of the case pursuant to Texas Rule of Appellate Procedure 56.3. The parties there- fore respectfully ask this Court to abate consideration of the petition until February 9, 2023 at 5:00 p.m. Should negotiations appear fruitful but require additional time, the above-captioned parties may jointly request an additional limited abatement. Should negotiations prove unsuccessful, the parties will move to lift the abatement order for the Court to recommence consideration of the petition for review.

Not All Parties Agree with the Abatement of the Case Filed on the Texas Attorney General

The reply to the request for the abatement was quick and brief. Seemingly to be filed immediately after being service the initial request and states the following:

Respondent James Blake Brickman opposes the request of the other parties to abate this matter. Respondents filed this lawsuit in the trial court on November 12, 2020 – more than two years ago. OAG immediately filed a challenge to the jurisdiction of the court, which the trial court denied, and this case has been in the appellate court system, with the trial court proceedings stayed, ever since.

There is no basis for abating this case. The other parties seek abatement only because they intend to mediate this case. However, Respondent Brickman is not engaged in any settlement negotiations with OAG and is not participating in a mediation. Thus, even if the other parties reach settlement, Brickman’s claim will remain in need of adjudication. Brickman respectfully requests that this Court deny the request for abatement. It imposes further needless delay of the adjudication of Brickman’s claim.

It is February 9, 2023 and There is No Ruling on the Texas Attorney General’s Request to Abate

As indicated in the initial motion, the Texas Attorney General and three of the four respondents requested any rulings on the case be withheld until February 9, 2023 at 5:00 P.M.

It seems likely, the request for abatement may become moot as the Court hasn’t ruled on it. However, we await to see if there is a new motion to extend the request to abate.

A Couple of Our Other Reads

You may want to read our publishing on the initial filing by the Texas Attorney General to get the whistleblower lawsuit stopped.

Or you may be interested in an opinion being requested of the Texas Attorney General’s Office which may hold value to law enforcement personnel transitioning from agencies.

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