Consumer advocate Dawn Nettles filed suit against the Texas Lottery Commission in the 160th Judicial Court in Dallas County. Ms. Nettles alleged that the TLC knowingly sold misleading and deceptive Fun 5’s scratch-off tickets to her and thousands of other lottery players. The TLC filed its Plea to the Jurisdiction and asked the court to dismiss Ms. Nettle’s fraud claims against the TLC on the basis of the doctrine of sovereign immunity. Ms. Nettles opposed that motion and filed her Plaintiff’s Response to TLC’s Plea to the Jurisdiction. Ms. Nettles urged the court to rule that sovereign immunity does not apply when, as in this case, the lottery operator GTECH Corporation contractually assumed the liability of the TLC for fraud claims of the type raised by Ms. Nettles. A hearing was held in Dallas on November 17th. Later that same day the trial court issued an Order Granting the TLC’s Plea to the Jurisdiction. As a result, the court dismissed Ms. Nettles fraud claims against the TLC. Ms. Nettles plans to appeal that decision after trial on the merits of her fraud claims against GTECH Corporation.
Court Rules that Lottery Commission Cannot be Sued for Fraud