Contracts, Declaratory Judgments, Litigation, Procedure, Sovereign Immunity

Subcontractor did not contract directly with DFW Airport, so no waiver of immunity exists for breach of contract, says Dallas COA

Ruth Torres v. Dallas/Ft Worth International Airport et. al, 05-18-00675-CV (Tex. App. —  Dallas, August, 29, 2019). This is a breach of contract case where the Dallas Court of Appeals held the trial court was without jurisdiction to hear the claims. Torres
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Board of Adjustment, Declaratory Judgments, Injunction, Land Use, Litigation, Zoning

Fort Worth Court of Appeals holds injunctive relief not available to stop enforcement of ordinance regulating gas/oil production

The Town of Flower Mound, Texas, et al.  v. EagleRidge Operating, LLC, 02-18-00392-CV, (Fort Worth, Aug. 22, 2019) This is an interlocutor appeal in a temporary injunction case where the Fort Worth Court of Appeals held the zoning restriction on oil/gas equipment
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Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Dallas Court of Appeals holds officer entered intersection in good faith – entitled to official immunity

City of Dallas v. Rosa Rodriguez, 05-19-00045-CV, (Tex. App. – Dallas Texas, August 7, 2019) In this Texas Tort Claims Act (“TTCA”)/motor vehicle accident/emergency responder case, the Dallas Court of Appeals reversed the denial of the City’s plea to the jurisdiction and
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Constitutional Challenge, Declaratory Judgments, Injunction, Sovereign Immunity, Ultra Vires, Uncategorized

Developer properly pleaded claims County failed to maintain roadways, Fort Worth Court of Appeals says

Wise County, et al v. Katherine Mastropiero,  02-18-00378-CV (Tex. App. – Fort Worth, August 9, 2019) In this case, the Fort Worth Court of Appeals held that the district court had jurisdiction to hear a property owner’s claims the County must maintain
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit holds deputy entitled to qualified immunity on state-created-danger claims, but not wrongful arrest claims

Keller v. Fleming, 18-60081(5th Cir. July 23, 2019) In this §1983 case, the U.S. 5th Circuit reversed the denial of an officer’s qualified immunity defense for a state-created-danger claim but affirmed denial based on unlawful arrest claims. Gerald Simpson was struck and
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