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Month: June 2013

Employment Law

Tex. Supreme Court holds definition of “authorized leave” is limited to paid leave but City’s definition of salary is preempted.

June 28, 2013rhenry12598Leave a comment

City of Houston v. Bates, et al,  08-16-11, ___ SW3d ___, (Tex. June 28, 2013). This is a pay dispute involving retired firefighters for the City of Houston Fire Department (“HFD”). The firefighters brought two claims asserting 1) improper deductions related to
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Sovereign Immunity, TTCA

Evaluating risk factors helps protect entity under TTCA, even if tangible personal property is present.

June 27, 2013rhenry12598Leave a comment

The University of Texas M.D. Anderson Cancer Center v. Vicki M. King, No. 14-12-00847-CV (Tex. App. – Houston [14th Dist.] June 27, 2013) This is an interlocutory appeal from the denial of a plea to the jurisdiction where the issue was a
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Declaratory Judgments, Employment Law

Alternate grounds for officer termination sufficient to avoid Chapter 614 challenge

June 27, 2013rhenry12598Leave a comment

Baldridge v. Spring Branch Independent School District, No. 01-10-00852-CV (Tex. App. –Houston [1st Dist.] June 27, 2013) This is a police officer termination case under Chapter 614 of the Texas Government Code which essentially states that disciplinary action cannot be taken against
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Constitutional Challenge, Uncategorized

U.S. Supreme Court Updates on Four Cases

June 26, 2013rhenry12598Leave a comment

While not of  paramount importance to civil general counsel for governmental entities like City Attorneys (except for perhaps Shelby County), the below cases may be of interest to some cities. They are in summation form  which is smaller than usual as only
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Agency, Discrimination, Employment Law

Title VII retaliation claims subject to “but-for” standard of proof says U.S. Supreme Court

June 26, 2013rhenry12598Leave a comment

University of Tex. Southwestern Medical Center v. Nassar, No 12-484 (June 24, 2013) In another 5-4 decision, the U.S. Supreme Court ruled that Title VII retaliation claims must be proved according to traditional principles of but-for causation. This is opposed to the
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Constitutional Challenge, Land Use

District liable for takings even when no property is taken says U.S. Supreme Court

June 26, 2013rhenry12598Leave a comment

Koontz v. St. Johns River Water Management Dist., No. 11-1447 (June 25, 2013) The United States Supreme Court heard this takings/exactions case where a water management district was held liable for requiring certain dedications and property in exchange for a permit, but
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Employment Law

U.S. Supreme Court overturns EEOC definition of “supervisor” for Title VII purposes

June 26, 2013rhenry12598Leave a comment

Vance v. Ball State Univ., No. 11-556 (June 24, 2013). The U.S. Supreme Court heard this Title VII case and in a 5-4 decision with Justice Thomas concurring only in the result determined that a co-employee is a “supervisor” for purposes of
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Declaratory Judgments, Preemption

Dallas compressed natural gas incentive for taxicabs is not preempted by Clean Air Act says Fifth Circuit.

June 26, 2013rhenry12598Leave a comment

Association of Taxicab Operators USA v. City of Dallas, No. 12-10470 (5th  Cir. June 13, 2013) The Fifth Circuit rules that a Dallas city ordinance offering taxicabs certified to run on compressed natural gas (“CNG”) a “head-of-the-line” privilege at a municipally-owned airport,
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Declaratory Judgments, Employment Law

Officer wins F-5 challenge in Third Court of Appeals.

June 23, 2013rhenry12598Leave a comment

City of Rice, Texas v. Texas Commission on Law Enforcement Officer Standards and Education, No. 03-10-00407-CV (Tex. App – Austin June 21, 2013). This is an F-5 police officer termination case. Officer McMahan was terminated from the City’s PD and the F-5
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Board of Adjustment, Land Use, Takings, Zoning

Property owners’ claims not ripe because they failed to remedy deficiencies in plat application says Fourteenth Court of Appeals.

June 22, 2013rhenry12598Leave a comment

Riner v. The City of Hunters Creek, 14-12-00339-CV (Tex. App. – Houston [14th Dist.] June 20, 2013). This is a denial of a replat application where the court held the property owners did not pursue all avenues to remedy any deficiencies, so
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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims

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