rhenry12598 – Page 65 – The Law Offices of Ryan Henry

Constitutional Challenge, Litigation, Sec. 1983

U.S. Supreme Court holds City not entitled to attorney’s fees for defending §1983 lawsuit

James v. Boise 15-493 (U.S. January 25, 2016). This is a case involving attorney’s fees for suits under 42. U.S.C. §1983 (constitutional violations mainly). Essentially, the U.S. Supreme Court held the test for determining a “prevailing party” is dictated by federal, not
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Declaratory Judgments, Injunction, Litigation, Procedure

Property owners not entitled to injunctive relief to prevent access to property connected to public park

Savering, et al v. City of Mansfield 02-15-00034-CV (Tex. App. – Fort Worth, January 21, 2016) This is an interlocutory appeal from the denial of a temporary injunction. The Plaintiffs are property owners in a neighborhood. After the City built a bridge
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Civil Service/Collective Bargaining, Declaratory Judgments, PIA, Uncategorized

Amarillo Court of Appeals overrules AG opinion and holds civil service video examinations are excepted from public disclosure under collective bargaining agreement

Captain Edwin Scott Hilburn v. The City of Houston, Texas; and Ken Paxton, Attorney General of Texas 07-15-00158-CV (Tex. App. – Amarillo, January 21, 2016). This is a Public Information Act (“PIA”) case involving promotional examination documentation. The City conducted the Houston
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, Ultra Vires

U.S. Supreme Court holds government contractor not entitled to derivative immunity; also full offer of settlement does not moot Plaintiff’s claims

Campbell-Ewald v. Gomez, 14-857 (January 20, 2016) The United States Supreme Court issued this opinion on derivative sovereign immunity for contractors. The United States Navy contracted with Campbell-Ewald Company (“Campbell”) to develop a multimedia recruiting campaign that included the sending of text
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Discrimination, Employment Law

Plaintiff’s disability discrimination claim dismissed because he presented insufficient evidence of a causal connection between the disability and reasons for termination

Dallas County Schools v. Paul Green 05-14-00432-CV (Tex. App. — Dallas, January 19, 2016) This is a disability discrimination case under the Texas Commission on Human Rights Act (“TCHRA”) where the court of appeals reversed a trial court judgment holding the evidence
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Uncategorized

Equipment leased by District does not need to automatically vest at end of term to qualify as tax exempt says Fort Worth Court of Appeals

Jack County Appraisal District v. Jack County Hospital District 02-14-00188-CV (Tex. App. – Fort Worth, January 14, 2016). This is an interesting case of when a governmental entity can be charged for taxes paid by a third-party vender to another governmental entity.
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Agency, Eminent Domain, Litigation, Takings

Expert report on condemnation value was admissible, even through it was several months old says Fort Worth Court of Appeals

Ashwin J. Babaria and Bharti A. Babaria v. City of Southlake, Texas 02-14-00068-CV (Tex. App. – Fort Worth, January 14, 2016). This is a condemnation case where the Fort Worth Court of Appeals affirmed the condemnation award issued by the trial court.
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Constitutional Challenge, Declaratory Judgments, Employment Law, Whistleblower

14th Court of Appeals holds claims for attorney’s fees can save a declaratory judgment claim from mootness.

Vicki Ward v. Lamar University, Texas State University System and James Simmons 14-14-00097-CV (Tex. App. Houston [14th Dist.], January 12, 2016) This is a Texas Whistleblower case. The panel previously issued an opinion (summary found here), but after a motion for rehearing,
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Constitutional Challenge, Declaratory Judgments, Sovereign Immunity, TTCA

Plaintiffs’ taking and negligence claims dismissed in flooding damage case

City of Carrollton, Texas v. Milan Hamrla, Petra Chudejova, Michael and Laura Brewer, Dalia Chavarria, Diane and Gene Hines, and Keith Effert, 02-15-00119-CV (Tex. App. – Fort Worth, January 7, 2016). This is an interlocutory appeal from the denial of a plea
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Employment Law, Retaliation

Being subjected to an investigation which did not lead to disciplinary action is not an adverse employment action says 5th Court of Appeals

City of Dallas v. Ronald Giles, 05-15-00370-CV (Tex. App. – Dallas, January 4, 2016) This is one of several employment disputes filed by Officer Giles. The Fifth Court of Appeals reversed the denial of the City’s plea to the jurisdiction and rendered
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Author: rhenry12598

U.S. Supreme Court holds City not entitled to attorney’s fees for defending §1983 lawsuit

Property owners not entitled to injunctive relief to prevent access to property connected to public park

Amarillo Court of Appeals overrules AG opinion and holds civil service video examinations are excepted from public disclosure under collective bargaining agreement

U.S. Supreme Court holds government contractor not entitled to derivative immunity; also full offer of settlement does not moot Plaintiff’s claims

Plaintiff’s disability discrimination claim dismissed because he presented insufficient evidence of a causal connection between the disability and reasons for termination

Equipment leased by District does not need to automatically vest at end of term to qualify as tax exempt says Fort Worth Court of Appeals

Expert report on condemnation value was admissible, even through it was several months old says Fort Worth Court of Appeals

14th Court of Appeals holds claims for attorney’s fees can save a declaratory judgment claim from mootness.

Plaintiffs’ taking and negligence claims dismissed in flooding damage case

Being subjected to an investigation which did not lead to disciplinary action is not an adverse employment action says 5th Court of Appeals

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