TX STATETexas Supreme Court
2018

Dr. Behzad Nazari, D.D.S. v. State

561 S.W.3d 495Texas Supreme Court • Decided 2018Enforced
Liquidated DamagesCited 62 times

HOLDING

A dentist sued Texas and Xerox over Medicaid fraud claims. The Texas Supreme Court ruled that when the state files its own claims for money in a lawsuit, it gives up sovereign immunity protection for that case. However, the court limited this rule: it applies to compensatory damages but not to statutory penalties. This matters to subcontractors because it clarifies when you can actually collect money from government entities that sue you first.

KEY FINDINGS

Liquidated Damages

If a government agency sues you for money, you can countersue them—they've waived sovereign immunity by filing first

FULL COURT OPINION