Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Procedure, Religious Freedom, Sec. 1983, TOMA

City immune from claims it misapplied its own ordinances or procedures, but not for TOMA claims

  Peter Schmitz, et al v. Town of Ponder, Texas, et al. 02-16-00114-CV, (Tex. App. – Fort Worth, May 10, 2018). This is a substituted opinion. Summary of original opinion found here. This is an appeal from a final judgment against the
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Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Procedure, Vested Rigths

Trial court abused its discretion in awarding attorney’s fees to City in vested rights and declaratory judgment case

Patsy B. Anderton, et al. v. City of Cedar Hill, 05-17-00138-CV (Tex. App. – Dallas, May 25, 2018) The Dallas Court of Appeals affirmed-in-part and reversed-in-part a judgment for the City of Cedar Hill (“City”) in a case involving a non-conforming use
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Litigation, Procedure, Sovereign Immunity, TTCA

Texas Supreme Court holds TTCA caps are cumulative, inclusive of independent contractors and their employees performing governmental functions

  Fort Worth Transportation Authority, et al., v Rodriquez, et al., 16-0542 (Tex. April 27, 2018) This is a statutory-construction case on the damages-cap and election-of-remedies under the Texas Tort Claims Act (“TTCA”). After Peterson, a pedestrian, was struck and killed by
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Employment Law, Litigation, Procedure, Sovereign Immunity, Whistleblower

Plaintiff’s pro se brief insufficient to preserve arguments on appeal holds Dallas Court of Appeals

Gilberto Hernandez v. Dallas Independent School District, 05-17-00227-CV (Tex. App. – Dallas, April 18, 2018). This is a Texas Whistleblower Act case where the Dallas Court of Appeals affirmed the dismissal of the Plaintiff’s claims. The Dallas Independent School District (“DISD”) employed
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Discrimination, Employment Law, Procedure, Retaliation

Texas Supreme Court holds standards in same-sex discrimination cases are distinctly different than opposite-sex standards

Alamo Heights Independent School District v Catherine Clark, 16-0244, — S.W.3rd – (Tex. April 6, 2018). This is a workplace same-sex discrimination, harassment and retaliation case where the Texas Supreme Court held that while the actions complained of were vulgar, they were
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds officer entitled to qualified immunity after shooting woman walking towards roommate with a large knife

Kisela v. Hughe, 17-467, 584 U.S. – (April 2, 2018). This is an excessive force/qualified immunity case where the U.S. Supreme Court reversed the denial of the officer’s qualified immunity. Tucson police officer Kisela and two other officers had arrived on the
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Litigation, Official/Qualified Immunity, Procedure, TTCA

San Antonio Court of Appeals holds City made a judicial admission employee was acting within course and scope of employment at time of accident by filing §101.106(e) motion to dismiss. Therefore, not entitled to jury question on course and scope

Victor Ramos v. City of Laredo, 04-17-00099-CV (Tex. App. – San Antonio, March 28, 2018). This is a Texas Tort Claims Act (“TTCA”) case where the San Antonio Court of Appeals reversed a jury verdict and rendered judgment against the City. While
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