Contracts, Litigation, Procedure, Sovereign Immunity

DFW may have waived immunity regarding contract for credit-card fee analysis due to presence of “good faith” revision clause

Dallas/Fort Worth International Airport Board v. Vizant Technologies, LLC Formerly known as P.E. Systems, LLC (Tex. App— Dallas, December 15, 2017) This is a contractual immunity case where the Dallas Court of Appeals affirmed-in-part and denied-in-part the Airport Board’s plea to the
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Contracts, Sovereign Immunity, TTCA

Amarillo Court of Appeals holds private company contracted to run city buses did not establish it was entitled to derivative immunity

Charles Brown v. Waco Transit System 07-16-00258-CV (Tex.App—- Amarillo, October 27, 2017)  The Amarillo Court of Appeals reversed an order granting a plea to the jurisdiction by the Waco Transit System, Inc. (“WTSI”). Brown alleges he suffered personal injuries while riding a
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Contracts, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Ultra Vires

Interlocutory appeal mooted by Plaintiff’s non-suit, even though Plaintiff refiled similar suit directly after dismissal

City of Sealy, et al.  v. Town Park Center, 01-17-00127-CV (Tex. App. – Houston [1st Dist.], August 24, 2017). This is an opinion where the court held the appeal is moot, but where the City asserted mootness was not applicable due to
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Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Finance

4th Court of Appeals holds City’s “evergreen clause” in collective bargaining agreement does not create unconstitutional debt

  City of San Antonio v. San Antonio Firefighters’ Association, Local 624, 04-15-00819-CV (Tex. App. – San Antonio, August 23, 2017). This is a permissive appeal, which was allowed by the court, where the City requested the Court of Appeals review the
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Contracts, Public Works, Sovereign Immunity

4th Court of Appeals holds developer properly pled breach of contract claim for wastewater development agreement

NBL 300 Group Ltd v. Guadalupe-Blanco River Authority 04-17-00264-CV (Tex.App— San Antonio, August 16, 2017) This is an immunity/breach of contract case where the San Antonio Court of Appeals reversed the granting of Guadalupe-Blanco River Authority’s (“GBRA”) plea to the jurisdiction. NBL
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Contracts, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity

San Antonio Court of Appeals holds river authority can be compelled to attend contract arbitration

San Antonio River Authority v. Austin Bridge & Road, L.P. and Hayward Baker Inc. 04-16-00535-CV ( Tex.App— San Antonio, August 9, 2017) This is an interesting case where the issue of sovereign immunity impacts whether an entity is a “party’ to a
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Constitutional Challenge, Contracts, Declaratory Judgments, Eminent Domain, Sovereign Immunity, Takings

City held to be acting both in a proprietary capacity and a governmental capacity involving lease for mineral interests says Dallas Court of Appeals

The City of Dallas v. Trinity East Energy, LLC, 05-16-00349-CV(Tex.App— Dallas, February 7, 2017) This is an interlocutory appeal from the granting-in-part and denial-in-part of a plea to the jurisdiction involving an inverse condemnation claim for mineral interests. The Dallas Court of
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