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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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, Discrimination, Employment Law, Religious Freedom

Policy against preaching Christian beliefs in class is not evidence of religious discrimination says Austin Court of Appeals

Dr. James Jones v. Angelo State University, 03-14-00112-CV (Tex. App. – Austin, December 18, 2015). This is a religious discrimination/failure-to-accommodate in employment dispute where the Austin Court of Appeals affirmed in part and reversed in part the granting of the summary judgment
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Agency, Employment Law, TOMA

Teacher lacked “public standing” to challenge Open Meetings Act violation since he had individualized injury says Dallas Court of Appeals

Dallas Independent School District and Michael L. Williams, Commissioner of Education v. Adrian Peters, 05-14-00759-CV (Tex. App. – Dallas, December 14, 2015). This is essentially a Texas Open Meetings Act (“TOMA”) case even though it has administrative law undercurrents. The Dallas Independent
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