Declaratory Judgments, Health and Safety, Injunction, Mandamus, Nuisance

City properly brought enforcement of junked vehicle ordinance in district court, but city ordinance did not properly adopt alternative administrative procedure

In re Philip T. Pixler, 02-18-00181-CV (Tex. App. – Fort Worth, July 26, 2018). This is a mandamus suit where the Fort Worth Court of Appeals held the district court had jurisdiction over the City of Newark’s enforcement of its junk vehicle
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Litigation, Sovereign Immunity, TTCA

Austin Court of Appeals holds vehicle barrier into parking lot was not a traffic control device; therefore plaintiff injured by tripping on barrier must proceed under premise defect theory

Texas Facilities Commission v. Courtland Speer, 03-17-00244-CV (Tex. App. – Austin, August 31, 2018). This is a Texas Tort Claims Act (“TTCA”) trip and fall case where the Austin Court of Appeals reversed the denial of the Commission’s plea to the jurisdiction. The
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Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

Ex-employee failed to file supplemental EEOC charge, so failed to exhaust administrative remedies says Eastland Court of Appeals

  Christopher Wernert v. City of Dublin, 11-16-00104-CV (Tex. App. – Eastland, August 30, 2018). This is an employment discrimination case were the Eastland Court of Appeals affirmed the granting of the City’s dispositive motion. Wernert was a police officer for the
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Litigation, Sovereign Immunity, TTCA

County immune from suit brought by late Judge’s widow asserting her husband was exposed to asbestos in the Jefferson County courthouse and subsequently died.

Jefferson County, Texas v. Ellarene Farris, et al., 01-17-00493-CV (Tex. App. – Houston [14th Dist.], August 31, 2018). This is an interlocutory appeal in a wrongful death case where the 14th Court of Appeals reversed the denial of Jefferson County’s plea to
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Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Mandamus

City obtained mandamus to remove TRO preventing display of budget meeting which addressed fiscal impact of pending charter election

  In re Sylvester Turner, Mayor and Dave Martin, Houston City Council Member 14-18-00649-CV (Tex. App. – Houston [14th Dist.], Aug. 23, 2018) This is an original mandamus where the 14th District Court of Appeals in Houston reversed a trial judge’s order
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure

Texas judge’s successfully reverse injunction in federal court regarding system for setting bail for indigent misdemeanors

ODonnell v. Harris County, et al.,  No. 18-20466 (5th  Cir. Aug. 14, 2018). Plaintiffs brought a class action against Harris County and numerous officials, including judges and hearing officers under §1983 asserting the system for setting bail for indigent misdemeanor arrests violates
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Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

City employee returning to work from lunch deemed not to be in course and scope of employment says 14th Court of Appeals

  Martin Molina v. City of Pasadena, 14-17-00524-CV (Tex. App. – Houston [14th Dist.], August 21, 2018). This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case where the 14th District Court of Appeals affirmed the granting of the City’s plea to
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