Constitutional Challenge, Discrimination, Employment Law, Litigation, Retaliation, Sec. 1983

U.S. Fifth Circuit holds former police officer failed to establish same-sex sexual harassment by supervisor even under recent Bostock decision

Brandy Newbury v City of Windcrest, Texas, 20-50067 (5th Cir. March 22, 2021) This is an employment discrimination case where the U.S. Fifth Circuit Court of Appeals affirmed the granting of the City’s motion for summary judgment. Brandy Newbury was a police
Read More

Litigation, Procedure, Sovereign Immunity, TTCA

San Antonio Court of Appeals holds receipt of payment or exclusive use of premises are not substantial factors to determine invitee status under TTCA for premise defect case

City of San Antonio v. Nadine Realme, 04-20-00119-CV (Tex.App.—San Antonio, March 17, 2021) This is a Texas Tort Claims Act (“TTCA”) case where the Plaintiff alleges a premises defect claim against the City. The Court of Appeals reviewed the denial of the
Read More

Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Preemption, Sovereign Immunity

San Antonio Court of Appeals holds City’s “Paid Sick Leave” ordinance was preempted by state law

Washington et al. v. Associated Builders & Contractors of South Texas, Inc., et al., 04-20-00004-CV (Tex. App.—San Antonio, March 10, 2021). In this case, the Fourth Court of Appeals considered the legality of San Antonio’s paid sick leave (PSL) ordinance. The Court
Read More

Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Amarillo Court of Appeals holds Texas Attorney General immune from County’s claims regarding conceal handgun signs

Ken Paxton, Texas Attorney General v. Waller County Texas; et al, 07-20-00297-CV, (Tex. App – Amarillo, March 4, 2021) This is a conceal/carry notice case where the Amarillo Court of Appeals reversed the denial of the Texas Attorney General’s plea to the
Read More

Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, TOMA

Dallas Court of Appeals holds Plaintiffs failed to challenge all grounds on which dismissal could have been granted; therefore dismissal is affirmed

Chris Carter and Karen Pieroni v. Dallas City Plan Commission and City of Dallas, 05-20-00190-CV, (Tex. App – Dallas, March 1, 2021) This is a Confederate monument case where the Dallas Court of Appeals affirmed the granting of the City’s plea to
Read More

Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Sovereign Immunity

13th Court of Appeals holds remainder of employment contract was consequential damages, not amounts due and owed, therefore no waiver of immunity exists for breach

Edinburg Housing Authority, Dr. Martin Castillo, Gabriel Salinas, Simon Garza, Marissa Chavana, and Juan Guzman v. Rodolfo Ramirez, 13-19-00269-CV, (Tex. App – Corpus Christi Feb. 25, 2021) This is an interlocutory appeal from the denial of a housing authority’s motion to dismiss
Read More