Employment Law, Whistleblower

Nurse who reported believed violation of overtime restrictions to legal department deemed not to have reported to proper agency under Whistleblower Act

Erin Reding v. Lubbock County Hospital District d/b/a University Medical Center, 07-18-00313-CV, (Tex. App – Amarillo, March 18, 2020) This is a Texas Whistleblower Act case where the Amarillo Court of Appeals affirmed the granting of the hospital district’s plea to the
Read More

Constitutional Challenge, Litigation, Sovereign Immunity, Takings

13th Court of Appeals holds statute of limitations properly raised in plea to the jurisdiction and “damage” to real property is limited to two-year SOL

Danis Tucker and Beverly Tucker v. City of Corpus Christi, Texas, 13-18-00328-CV, (Tex. App – Corpus Christi, Feb. 27, 2020) This is a takings claim where the Corpus Christi Court of Appeals affirmed the granting of the City’s plea to the jurisdiction
Read More

Contracts, Declaratory Judgments, Public Works

Texas Supreme Court holds 1949 utility easements with “reconstruction” language means easements are general with no fixed width

Southwestern Electric Power Company v. Kenneth Lynch, Tommy Batchelor, and Twant Wilson, Texas, 18-0768, (Tex. – Feb. 28, 2020) This is a property/easement dispute where the Texas Supreme Court held a set of utility easements were general, with no fixed width, regardless
Read More

Attorney Fees, Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

14th Court of Appeals reverses jury award in excessive force case against County, but upholds portion against deputy

Harris County, et al, v Coats, et.al, 14-17-00732-CV, (Tex. App. — Houston [14th Dist.], February 6, 2020) This is a § 1983/wrongful death case where the 14th Court of Appeals reversed in part a jury award against the County and its deputy.
Read More

Litigation, Procedure, Uncategorized

Texas Supreme Court holds a party sufficiently preserves an issue for review by arguing the issue’s substance, even if the party does not call the issue by name.

St. John Missionary Baptist  Church, et al, v Merle Flakes, et al, 18-0228, (Tex. Feb. 7, 2020). The Texas Supreme Court held in this case, which will be of interest to litigators and appellate practitioners, that the courts of appeals have authority
Read More

Constitutional Challenge, Eminent Domain, Litigation, Takings

14th Court of Appeals holds flooded property owners’ claims lack jurisdiction in district court

San Jacinto River Authority v. Reba Ogletree, et al., 14-18-00043-CV, (Tex App – Hou [14th dist.], Jan 28, 2020) In this inverse condemnation case the Fourteenth Court of Appeals dismissed the homeowner’s claims for lack of jurisdiction. Homeowners, whose properties allegedly flooded
Read More