Agency, Declaratory Judgments, Employment Law, Litigation, Procedure, Ultra Vires

Police officer plaintiff failed to establish jurisdiction in Worker’s Compensation Act case

  Jamie Harvel and the Austin Police Association v Texas Department of Insurance- Division of Workers’ Compensation And Commissioner Rod Borderlon, In His Official Capacity, 13-14-00095-CV, (Tex. App.– Corpus Christi, May 21, 2015). This is an interlocutory appeal from the granting of
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Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Litigation, Procedure

Firefighter collaterally estopped from challenging compelled arbitration for health benefits says San Antonio Court of Appeals

City of San Antonio v. Gerard Cortes, 04-14-00301-CV (Tex. App. – San Antonio, April 29, 2015) This is a civil service/collective bargaining case involving the City’s motion to compel arbitration which the court of appeals agreed should be granted. The Collective Bargaining
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Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Procedure

Firefighter permitted to replead to establish jurisdiction for dispute over pre-employment contract to civil service job

Jamil Saifi v. City of Texas City, 14-13-00815-CV (Tex. App. – Houston [1st Dist.], April 21, 2015), mem. Op. This is a civil service/collective bargaining case involving a firefighter where the First District Court of Appeals reversed the granting of the City’s
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Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

180 day deadline to file charge of discrimination runs from date of adverse action, not the date employee discovers action is discriminatory says Austin Court of Appeals

Austin Independent School District v. Andrew Lofters, 03-14-00071-CV (Tex. App. – Austin, April 1, 2015) In this race discrimination/retaliation case the Third Court of Appeals reversed the denial of the a plea to the jurisdiction for failure to exhaust administrative remedies. Lofters,
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Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

Sgt. “rant” on Facebook about Chief was not speaking about matter of public concern, so no First Amendment protection says 5th Circuit.

Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). This is a First Amendment employment retaliation case where the 5th Circuit affirmed the granting of the City’s summary judgment motion. Graziosi was a sergeant of 25 years with
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Discrimination, Employment Law, Litigation, Procedure, Retaliation

Ex-employee must pay attorney’s fees for frivolous discrimination claims; no adverse employment action occurred and law is clear supervisors are not liable

Tammy Anderson v. Houston Community College System, 01-14-00062-CV (Tex. App. – Houston [1st Dist.], January 13, 2015) This is a discrimination/retaliation case under the Texas Commission on Human Rights Act (“TCHRA”) where the court of appeals affirmed the granting of MSJs for
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Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Mandamus, Procedure, Sovereign Immunity, Ultra Vires

Civil Service Director ordered to submit appeal to independent hearing examiner, but City immune from damages

Richard Stubbs v. The City of Weslaco, et al., 13-14-00054-CV (Tex. App. —  Corpus Christi, January 8, 2015). This is an appeal from the dismissal of a mandamus action where the 13th Court of Appeals reversed the dismissal and ordered the trial
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