Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Sovereign Immunity, TTCA

Department of Criminal Justice not liable for inmate suicide says First Court of Appeals

Nikki Sides individually and on behalf of the estate of Thomas Middleton v. Texas Department of Criminal Justice, 01-15-00004-CV (Tex. App. – Houston [1st Dist.] November 3, 2015). This is a Texas Tort Claims Act (“TTCA”)–inmate suicide case in which the First
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Litigation, Procedure, TOMA

Trial court failed to try all claims during bench trial so judgment is not final and court of appeals lacks jurisdiction says Amarillo Court of Appeals

Rebecca Terrell and Chandrashekhar Thanedar v. Pampa Independent School District, 07-14-00014-CV (Tex. App. – Amarillo, October 29, 2015). This is a Texas Open Meetings Act (“TOMA”) case where the Amarillo Court of Appeals held the judgement for the school district at the
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Constitutional Challenge, Litigation, Procedure, Structural Standards, Takings

Failure to appeal demolition order prohibits apartment owners from bringing a takings claim says Fort Worth Court of Appeals

1707 New York Ave., LLC v. City of Arlington, 02-14-00259-CV (Tex. App. – Fort Worth, October 22, 2015). This is a structural standards/constitutional takings case where the Fort Worth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction.
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Constitutional Challenge, Contracts, Litigation, Procedure, Sovereign Immunity

Suit for umpire under TML coverage documents is not proper mechanism to seek appointment says 4th Court of Appeals

  Texas Municipal League Joint Self-Insurance Fund, and the The Texas Municipal League Intergovernmental Risk Pool v Housing Authority of the City of Alice, 04-15-00069-CV (Tex. App.—San Antonio, October 14, 2015). The Housing Authority is a member of a joint self-insurance pool
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Agency, Public Works, Ultra Vires

Replacement easements are not costs “properly attributable to the relocation” of utility easements says 14th Court of Appeals.

Texas Transportation Commission and Ted Houghton, in his official capacity as chair the. Texas Transportation Commission v. City of Jersey Village, 14-14-00823-CV (Tex. App. – Houston, [14th Dist], October 15, 2015) Texas Department of Transportation is widening U.S. Highway 290 to include
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Employment Law, Whistleblower

Internal policy against outside reporting of criminal violations does not relieve employee of requirement to report to appropriate law enforcement authority under Whistleblower Act

Office of Attorney General v Ginger Weatherspoon, 14-0582 (Tex. September 18, 2015). This is a Texas Whistleblower Act case where the Texas Supreme Court reversed the denial of the State’s plea to the jurisdiction and dismissed the case. Weatherspoon was an assistant
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