March 24, 2023Litigation, Sovereign Immunity, TTCA Texas Supreme Court holds University retains immunity for interesection vehicle accident Fraley v Texas A&M University System, No. 21-0784, (Tex. March 24, 2023) This is a Texas Tort Claims Act case where the […]
March 13, 2023Litigation, Sovereign Immunity, TTCA Texas Supreme Court explains plaintiffs’ burdens to defeat a plea to the jurisdiction under Texas Tort Claims Act Wesley Rattray, et. al, v. City of Brownsville, 20-0975 (Tex. March 10, 2023) This is a Texas Tort Claims Act (“TTCA”) case […]
March 2, 2023Constitutional Challenge, Employment Law, Procedure An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of employment due process. An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of […]
February 7, 2023Contracts, Declaratory Judgments, Sovereign Immunity San Antonio Court of Appeals holds airport lease with City did not waive City’s immunity. City of San Antonio v DHL Express, Inc., 04-22-00603-CV (Tex. App. – San Antonio, Jan. 25, 2023) This is a contractual immunity […]
February 3, 2023Litigation, Sovereign Immunity, TTCA Texas Supreme Court holds TTCA cap on damages are jurisdictional and the plaintiff’s burden to establish which cap applies Gulf Coast Center v Curry, 20-0856 (Tex. December 30, 2022) In this Texas Tort Claims Act (“TTCA”) case, the Texas Supreme Court […]
February 3, 2023Agency, Constitutional Challenge, Mandamus, Sec. 1983, Sovereign Immunity, Uncategorized Texas Supreme Court holds wrongfully imprisoned man could not bring federal claims after accepting Tim Cole Act funds from Comptroller Brown v City of Houston, et al., 22-0256 (Tex, February 3, 2023) In response to a U.S. 5th Circuit certified question, the […]
January 26, 2023Declaratory Judgments, Employment Law, Injunction, Litigation 13th Court of Appeals holds former municipal court judge failed to establish right to injunction to prevent his removal Phil Bellamy v. The City of Brownsville, et al, 13-22-00087-CV (Tex. App. – Corpus Christi, January 26, 2023) This is an interlocutory […]
January 10, 2023TTCA No waiver of immunity exists when accident caused by an emergency situation says First District Court of Appeals City of Houston, Texas v Sheila McGriff, 01-21-00487-CV, (Tex. App – Hou [1st], Dec. 15, 2022) This is a TTCA case involving […]
September 16, 2022Litigation, Procedure, Sovereign Immunity, TTCA Texas Supreme Court holds Plaintiff’s employer properly filed notice of claim under city charter on behalf of employee Leonarda Leach v City of Tyler, 21-0606 (Tex. September 16, 2022), per curiam. This is a Texas Tort Claims Act (“TTCA”) […]
August 29, 2022Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Employment Law, Litigation, Sovereign Immunity Fourth Court of Appeals holds civil service employee established jurisdiction for denial of due process claim City of Laredo and City of Laredo Municipal Civil Service Commission v. Tony H. Moreno, 04-21-00413-CV, (Tex. App – San Antonio, Aug. […]