# John Gannon, Inc. v. Texas Department of Transportation

Page: https://stenobird.com/podcast/swear-on-the-stand-7111404/john-gannon-inc-v-texas-department-of-transportation
Text version: https://stenobird.com/podcast/swear-on-the-stand-7111404/john-gannon-inc-v-texas-department-of-transportation.md
Podcast: [Swear on the Stand](https://stenobird.com/podcast/swear-on-the-stand-7111404)
Published: 2026-06-18T12:00:00+00:00
Episode link: https://podcasters.spotify.com/pod/show/danielswear/episodes/John-Gannon--Inc--v--Texas-Department-of-Transportation-e3kqvjj
Audio file: https://anchor.fm/s/fddb5314/podcast/play/121519155/https%3A%2F%2Fd3ctxlq1ktw2nl.cloudfront.net%2Fstaging%2F2026-5-15%2F607a143d-e036-fc00-3239-b06e0f959e69.m4a
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JSON: https://stenobird.com/v1/public/podcasts/swear-on-the-stand-7111404/episodes/john-gannon-inc-v-texas-department-of-transportation
Duration seconds: 3080

## Resource

This case, from the Fifth Circuit Court of Appeals details a dispute between John Gannon, Inc. and the Texas Department of Transportation regarding billboard permit cancellations and administrative fines. After failing to meet state court filing deadlines, the plaintiff sought relief in federal court , alleging constitutional violations and challenging the state's authority to impose penalties. The appellate court determined that sovereign immunity protects the state agencies from such lawsuits in a federal forum. Furthermore, the court found that the plaintiff failed to establish a sufficient legal connection between the Executive Director and the enforcement of the challenged regulations to bypass this immunity. Consequently, the panel ruled that the federal courts lack jurisdiction over the matter, resulting in a dismissal of all claims. The judgment concludes by modifying the lower court's ruling to ensure the dismissal is recorded without prejudice .

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