November 28, 2021Attorney Fees, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires Amarillo Court of Appeals holds fire marshal’s office employs firefighters who are entitled to civil service protection City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-20-00315-CV, (Tex. App – Amarillo, Nov. 18, 2021) […]
April 14, 2021Agency, Attorney Fees, Declaratory Judgments, Litigation, Sovereign Immunity, Uncategorized San Antonio Court of Appeals holds city ethics commission properly ruled complainant’s filing was frivolous and could award sanctions Lakshmana Viswanath v. The City of Laredo, 04-20-00152-CV (Tex. App. – San Antonio, April 14, 2021) This is an appeal from a […]
September 28, 2020Attorney Fees, Contracts, Litigation, Public Works Attorney’s fees for breach of contract under Tex. Loc. Gov’t Code §271.153 valid only if equitable and just – denied for much smaller change order amount Dowtech Specialty Contractors, Inc. v. City of Weinert, 11-18-00246-CV (Tex. App. – Eastland, September 25, 2020)(mem. op.). This is a breach of […]
August 4, 2020Attorney Fees, Constitutional Challenge, Employment Law, Litigation, Sec. 1983 Attorney fees awards in favor of a defendant are not an abuse of discretion where the plaintiff does not make a prima facie case of his claims. Special contributing author Laura Mueller, City Attorney for Dripping Springs Carl Frederick Rickert, III v. Kayla S. Meade and City of Bonham, […]
July 20, 2020Attorney Fees, Constitutional Challenge, Contracts, Eminent Domain, Injunction, Land Use, Litigation, Procedure, Public Works, Sovereign Immunity, Takings Fort Worth Court of Appeals analyzes the law-of-the-case doctrine and determines private property owners did not establish claims against a city regarding fee simple land ownership City of Mansfield, et al., v Saverings, et al, 02-19-00174-CV (Tex. App. – Fort Worth, July 16, 2020) In this lengthy opinion, […]
February 26, 2020Attorney Fees, Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983 14th Court of Appeals reverses jury award in excessive force case against County, but upholds portion against deputy Harris County, et al, v Coats, et.al, 14-17-00732-CV, (Tex. App. — Houston [14th Dist.], February 6, 2020) This is a § 1983/wrongful […]
August 3, 2018Attorney Fees, Contracts, Litigation Plaintiff ordered to pay attorney fees after non-suiting claims against individual governmental officials under Texas Citizens’ Participation Act Shillinglaw v. Baylor Univ., 05-17-00498-CV, 2018 WL 3062451, at *1 (Tex. App.—Dallas June 21, 2018, no pet. h.) (mem. op). This is […]
