Tracie Jackson v. NAACP Houston Branch and Yolanda Smith ( in Her Official Capacity) and National Association for the Advancement of Colored People D/B/A NAACP
14-15-00507-CV
| Tex. App. | Nov 18, 2015Background
- Appellant Tracie Jackson is a former NAACP Houston Branch member and employee who claims an NLRB order reinstating her (July 2012) was effectively nullified when the NAACP National Office reinstated Yolanda Smith, leading TAJF to rescind a grant that supported Jackson’s employment.
- Jackson alleges the National Office knew Smith was unfit (citing a 2006 audit and other warnings) yet negligently retained her, causing loss of a property/business right in the NLRB reinstatement and other harms.
- Jackson challenges the National Office’s suspension/expulsion of newly elected Houston Branch executive committee (EC) members who had investigated Smith, asserting members’ voting rights and offices were usurped.
- Claims in the reply brief include breach of contract (constitution/bylaws), breach of fiduciary duty, negligent retention, fraud by nondisclosure (salary), defamation per se, and violation of Texas Business Organizations Code inspection rights.
- Appellees moved for summary judgment below; Jackson contests standing, preemption, timeliness, and characterization of claims raised by appellees and asks the appellate court to reverse and send claims to a jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue individually and on behalf of membership | Jackson was a branch member during the relevant period, voted for the EC, and suffered injury to voting/membership rights so she has standing for herself and members | National argues Jackson lacks a specific injury and cannot sue on behalf of members because she was not on the EC or for events before membership | Appellant urges reversal; record shows material factual disputes about membership/voting injury — no final appellate ruling stated in brief |
| Preemption by NLRA | Jackson’s claims are primarily non‑labor: loss of property right in NLRB reinstatement, fiduciary/contract, defamation, fraud, and inspection rights — thus not preempted | National contends state claims are preempted as employment/labor matters governed by NLRA | Appellant contends factual issues remove preemption; the reply argues claims fall outside Sections 7/8 — no definitive court holding in the brief |
| Existence of contract and fiduciary duties from NAACP constitution/bylaws | Bylaws create contractual obligations and informal fiduciary duties to members; breaches occurred and raise fact issues for a jury | National disputes an informal fiduciary duty to members and relies on corporate/shareholder precedents | Appellant maintains contractual/fiduciary claims survive summary judgment due to disputed facts; appellate decision not included in brief |
| Negligent retention / prior knowledge of unfitness | National had prior knowledge (2006 audit, complaints) that Smith was unfit, but retained her; that retention caused the grant rescission and Jackson’s damages | National argues prior events predate Jackson’s employment and therefore cannot be the cause of her damages | Appellant argues causation and damages arose when Smith was reinstated and TAJF rescinded the grant; factual disputes remain — no final holding in the brief |
Key Cases Cited
- Associated Indem. Corp. v. Cat Contracting, Inc., 964 S.W.2d 276 (Tex. 1998) (distinguishes when a confidential relationship must preexist a business transaction to support fiduciary‑type duties)
- Bradford v. Vento, 48 S.W.3d 749 (Tex. 2001) (duty to disclose in certain relationships and fraud by nondisclosure principles)
- Heckman v. Williamson County, 369 S.W.3d 137 (Tex. 2012) (standing requires traceable injury that a court can redress)
- Pope v. Darcey, 667 S.W.2d 270 (Tex. App.—Houston [14th Dist.] 1984) (existence of informal fiduciary relationships is a fact question)
- Randall's Food Mkts., Inc. v. Johnson, 891 S.W.2d 640 (Tex. 1995) (defamation standards and burden regarding falsity and malice)
- Scoville v. Springpark Homeowner's Ass'n, 784 S.W.2d 498 (Tex. App.—Dallas 1990) (bylaws construed like contracts for nonprofit associations)
- Solutioneers Consulting, Ltd. v. Gulf Greyhound Partners, Ltd., 237 S.W.3d 379 (Tex. App.—Houston [14th Dist.] 2007) (duty to disclose may arise from partial or misleading disclosures)
- Spoljaric v. Percival Tours, Inc., 708 S.W.2d 432 (Tex. 1986) (elements of fraud and non‑disclosure)
- TXI Transp. Co. v. Hughes, 306 S.W.3d 230 (Tex. 2010) (causation and damages principles in employment/related contexts)