Declaratory Judgments, Employment Law, Injunction, TOMA

School District substantially complied with TOMA even though it had a glitch with website postings for five months, says Amarillo Court of Appeals

Rebecca Terrell and Chandrashekhar Thanedar v. Pampa Independent School District, 07-17-00189-CV (Tex. App. – Amarillo, January 9, 2019). This is a Texas Open Meetings Act (“TOMA”) case where the Amarillo Court of Appeals affirmed a take-nothing judgment in favor of the Pampa
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Constitutional Challenge, Contracts, Declaratory Judgments, Discrimination, Employment Law, Injunction, Litigation, Mandamus, Nuisance, Retaliation, Separation of Powers, Sovereign Immunity, Takings, TTCA, Whistleblower

December 2018 Condensed Summaries

The problem with December is courts try to get cases off their desk prior to the holiday break. Clients like to get stuff resolved before the holiday break. Which means a lot of stuff happens in December preventing me from keeping up
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Constitutional Challenge, Litigation, Mandamus, Procedure, Sec. 1983

Mandamus action: Pre-suit discovery precluded as petitioner did not support the petition with evidence and trial court failed to issue mandatory findings

In Re: City of Tatum, Texas, 12-18-00285-CV (Tex. App. – Tyler, December 21, 2018) This is a writ of mandamus original proceeding where the Tyler Court of Appeals conditionally granted the City’s relief and precluded a potential party from taking pre-suit depositions
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Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

14th Court of Appeals held Authority was not immune from claim of accidental shooting simply because it asserted the officer did not possess the the discharging weapon

Metropolitan Transit Authority of Harris County, Texas v. Terry Smith 14-17-00807-CV (Tex, App. – Houston, [14th Dist.] Dec. 11, 2018) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Tort Claims Act/negligent use of
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Official/Qualified Immunity, Sovereign Immunity, TTCA

Officer entitled to official immunity after court examined needs/risk analysis performed by officer as he entered intersection

City of Dallas v. Blanca K. Hernandez-Guerrero, et al., 05-18-00033-CV (Tex. App. – Dallas, December 7, 2018) This is a Texas Tort Claims Act/emergency responder/motor vehicle accident case where the Dallas Court of Appeals reversed the denial of the City’s plea to
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Declaratory Judgments, Litigation, Mandamus, PIA, Procedure

Amarillo Court of Appeals holds no jurisdiction exists under PIA unless university “refuses” to supply information

Texas Tech University v. Dolcefino Communications, LLC dba Dolcefino Consulting, 07-18-00225-CV (Tex. App. – Amarillo, December 4, 2018). This is a Public Information Act (“PIA”) case where the Amarillo Court of Appeals reversed the denial of a plea to the jurisdiction and
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