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Category: Agency

Agency, Civil Service/Collective Bargaining, Employment Law

Witness statement counts as sec. 614.023 complaint says Houston Court of Appeals

February 13, 2014rhenry12598Leave a comment

  Harris County Sheriff’s Civil Service Commission v. Louis Guthrie 14-12-00474-CV (Tex. App. – Houston [14th Dist.], February 13, 2014) This is an appeal from a district court order reversing the Harris County Sheriff’s Civil Service Commission’s order affirming the termination of
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Agency, Litigation

Specific administrative regulation controls over general deadlines under Texas Administrative Procedures Act says 3rd Court of Appeals.

November 26, 2013rhenry12598Leave a comment

AGAP Life Offerings, LLC, et al v. Texas State Securities Board, et al, 03-11-00535-CV (Tex. App. – Austin, November 26, 2013). This is an administrative law case, where the primary issue with whether a party can be relieved of the obligation under
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Agency, Contracts, Litigation, Worker's Comp

Texas Supreme Court says exhaustion of administrative remedies required in order to sue on settlement

November 22, 2013rhenry12598Leave a comment

CITY OF HOUSTON v. CHRISTOPHER RHULE, 12-0721 (Tex. 2013). This is a Texas Supreme Court opinion which centers on the lack of jurisdiction for failure to exhaust administrative remedies.  The underlying facts are related to a worker’s compensation claim, but the case
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Agency, Civil Service/Collective Bargaining, Employment Law

Reinstatement is not sole remedy for hearing examiner in civil service case

November 15, 2013rhenry12598Leave a comment

  Bracey v. City of Killeen, 03-12-00199-CV (Tex. App. – Austin November 6, 2013). This is an employment case involving the civil service relationship between police officer and city. The court was asked to decide whether an independent hearing examiner “exceeded her
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Agency, Discrimination, Employment Law, Litigation, Retaliation

ALJ F-5 determination not preclusive in federal Uniformed Services Employment suit says 5th Circuit.

October 23, 2013rhenry12598Leave a comment

Bradberry v. Jefferson County, Texas No. 12-41040 (5th Cir. October 17, 2013). This is an employment case where a former deputy sheriff claims he was terminated after returning from his two-week U.S. Army Reserve obligation in violation of the Uniformed Services Employment
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Agency, Finance, Litigation, Uncategorized

Corporation and officer both personally liable for government debt rules Third Court of Appeals.

October 22, 2013rhenry12598Leave a comment

Anderson Petro-Equipment, Inc. and Curtis Ray Anderson v. The State of Texas, No. 03-13-00176-CV (Tex. App. – Austin, October 22, 2013). In this suit the State of Texas sued the Anderson defendants (corporation and individual officer) for costs associated with plugging an
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Agency, Declaratory Judgments, Elections, Litigation, Preemption

9th Court interprets elections after Voting Rights Act declared unconstitutional by U.S. Supreme Court.

October 17, 2013rhenry12598Leave a comment

Rodriguez, et al.  v. Beaumont Independent School District, et al.,  No. 09-13-00434-CV (Tex. App. – Beaumont, October 17, 2013) In this case the Beaumont Court of Appeals was asked to see how the recent U.S. Supreme Court declaration that portions of the
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Agency, Uncategorized

State agency memos are in fact “rules” subject to Administrative Procedures Act.

September 26, 2013rhenry12598Leave a comment

Sanadco Inc., et al. v Susan Combs, Comptroller of Public Accounts, et al. 03-11-00462-CV (Tex. App. – Austin, September 26, 2013). This case reflects under what conditions a plaintiff can sue to challenge an administrate rule and the standards used in determining
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Agency, Litigation, PIA

Court has no jurisdiction to order destruction of PIA records outside of Travis County says Dallas Court of Appeals.

September 6, 2013rhenry12598Leave a comment

In Re: Texas Department of Public Safety, 05-13-00882-CV (Tex. App. – Dallas, August 5, 2013). This is a mandamus proceeding involving a protective order prohibiting the release of information under the Texas Public Information Act (“PIA”). The Texas Department of Public Safety
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Agency, Constitutional Challenge, Nuisance, Preemption

Air quality ordinance is constitution; no preemption says 1st Court of Appeals

August 29, 2013rhenry12598Leave a comment

  City of Houston v. BCCA Appeal Group, Inc., No. 01-11-00332-CV (Tex. App. – Houston [1st Dist.], August 29, 2013) The Houston Court of Appeals was asked to determine the constitutionality of ordinances regulating air pollution (preemption). The ordinances were challenged by
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA
  • Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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