The issues include (1) when an off-duty officer working for a private employer is considered to be on duty; (2) whether negligence claims by police officers responding to a request for assistance should have been pleaded as premises-liability claims; and (3) whether the common law "firefighter rule" applies.

The Administrative Procedure Act waives sovereign immunity in a suit seeking a declaration about an administrative rule's "applicability." The issue in this case is whether the request for declaratory relief challenges a rule's application (how the rule applies) as opposed to its applicability (whether the rule applies).

The main issue in this appeal is whether the plaintiffs' negligence suit against Leibman to recover damages for injuries sustained in a dog attack triggered the Texas Medical Liability Act's expert-report requirement.