February 2015 Committee of the Full Board Item 13

Discussion of Pending Litigation

February 11, 2015

COMMITTEE OF THE FULL BOARD:  DISCUSSION
STATE BOARD OF EDUCATION:  NO ACTION

SUMMARY: The State Board of Education will enter executive session in accordance with the Texas Government Code, §551.071(1)(A), to discuss pending and contemplated litigation with the general counsel, legal staff, and, if necessary, attorney(s) from the Attorney General's Office. The Committee of the Full Board will meet in Room 1-103 to discuss this item.

Cases to be discussed may include:

The Texas Taxpayer & Student Fairness Coalition, et al; Calhoun County ISD, et al; Edgewood ISD, et al; Fort Bend ISD, et al; Texas Charter School Association, et al. vs. Michael Williams, Commissioner of Education, in his official capacity; Susan Combs, Texas Comptroller of Public Accounts, in her official capacity; Texas State Board of Education. District Court of Travis County, Cause No. D-1-GN-003130;

Lyondell Chemical Company, No. 09-10023; Edward S. Weisfelner, as Trustee of the LB Creditor Trust v. Morgan Stanley, Adv. Pro. No. 10-04609 (Bankr. S.D.N.Y.) and Edward S. Weisfelner, as Trustee of the LB Litigation Trust v. Holmes, Adv. Pro. No. 10-05525 (Bankr. S.D.N.Y.);

Tribune Company, No. 08-13141; The Official Committee of Unsecured Creditors of Tribune Company v. Fitzsimmons, Adv. Pro. No. 10-54010 (Bankr. D. Del);

Deutsche Bank v Bank of America, No. 3:11-CV-01175-F (N. D. Tex., Dallas Div.) and Deutsche Bank v. Employees Retirement Fund of the City of Dallas, No. 3:11-CV-1167-F; ( N. D. Tex. Dallas Div. ) CONSOLIDATED in: In re: Tribune Company Fraudulent Conveyance Litigation; No. 11-MD-2296 Consolidated Multidistrict Action (S.D.N.Y.);

Don A. Payne v. Alamo Community College District, et al.; Texas Higher Education Coordinating Board and Raymund Paredes; Texas State Board of Education, in the 98th Judicial District Court of Travis County, Texas; Docket No. D-1-GN-14-000776; and

any other litigation arising after the date of posting or reasonably contemplated as of the date of the board meeting.

BOARD RESPONSE:  Board may advise and comment.

PREVIOUS BOARD ACTION:  The committee is apprised of pending litigation at each board meeting.

FUTURE ACTION EXPECTED:  Continued briefing on procedural developments.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:  None.

PUBLIC COMMENTS:  None.

ALTERNATIVES:  None.

OTHER COMMENTS AND RELATED ISSUES:  None.

Staff Member Responsible:
Von Byer, General Counsel
Legal Services