Employment Law, Litigation, Procedure

Plaintiff must prove the TWC’s decision is unreasonable, arbitrary, and capricious to overturn a denial of unemployment benefits. 

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Van Deelen v. Tex. Workforce Comm’n, No. 14-18-00489-CV (Tex. App.—Houston [14th]  January 26, 2021) (mem. op.). In this appeal from a trial court’s judgment granting the TWC’s summary judgment motion on
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Contracts, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity

Dallas Court of Appeals holds City waived immunity in lease agreement for use of soccer fields in exchange for upgrades and maintenance

City of McKinney, Texas v. KLA International Sports Management, LLC, 05-20-00659-CV, (Tex. App – Dallas, Feb. 4, 2021) This is a contractual immunity case where the Dallas Court of Appeals held the City’s immunity was waived. KLA, a private sports management company
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Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Procedure, Takings

Property owner not entitled to de novo review of nuisance determination says Austin Court of Appeals

Mark Groba v. The City of Taylor, Texas, 03-19-00365-CV (Tex. App. – Austin, Feb. 3, 2021) In this nuisance abatement case, the Austin Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Groba, a real property owner, was
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Agency, Declaratory Judgments, Injunction, Litigation

Texas Supreme Court holds Texas Board of Chiropractic Examiners’ rules are valid even over objection of the Texas Medical Association

Texas Board of Chiropractic Examiners v Texas Medical Association, 18-1223 (Tex. Jan. 29, 2021) This case centers on the tension between chiropractors and physicians and several Texas Board of Chiropractic Examiners’ rules. The Texas Supreme Court held the Board’s rules were valid. 
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Agency, Declaratory Judgments, Injunction, Litigation, Procedure, Tax

Austin Court of Appeals holds temporary injunction order need not set a specific trial date, but must place the case for trial on the court’s calendar, otherwise the order is void

  Hegar, Comptroller of Public Accounts of State of Texas, et al., v Zertuche Construction, LLC, 03-19-00238-CV (Tex. App. – Austin, Jan. 22, 2021). This is a tax collection case, but the main thrust is the procedural ruling on injunctions where the
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Agency, Constitutional Challenge, Litigation, Sec. 1983, Takings

U.S. 5th Circuit holds property owner’s federal Clean Water Act claim against Town for improper discharge was proper due to lack of comparable state regulation

Stringer v. Town of Jonesboro, 20-30192 (5th Cir. Jan. 18, 2021) In this §1983 taking suit and federal Clean Water Act (“CWA”) case, the U.S. 5th Circuit held the Plaintiff’s §1983 suit for damages due to sewage backup was barred, but not
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Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

14th Court of Appeals holds ex-employees trigger date to file a charge of discrimination only occurs when employer’s discriminatory animus becomes sufficiently clear and he has suffered a tangible employment action

Metropolitan Transit Authority of Harris County, Texas v. John Carter, 14-19-00422-CV (Tex. App. – Houston [14th Dist.], January 14, 2021) This is an employment dispute where the 14th Court of Appeals affirmed the denial of a plea to the jurisdiction filed by
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983, Sovereign Immunity, TTCA

Beaumont Court of Appeals holds City is not liable for alleged failure to create a police report, failure to investigate, or failure to prosecute as asserted by Plaintiff

Caryn Suzann Cain v. City of Conroe, Tex., et al., 09-19-00246-CV, 2020 WL 6929401 (Tex. App.—Beaumont Nov. 25, 2020)  This is an interlocutory appeal from the trial court’s order granting the City’s motion to dismiss, plea to the jurisdiction, and traditional motion
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