Civil Service/Collective Bargaining, Discrimination, Employment Law, Retaliation, Sovereign Immunity

The First Court of Appeals to move forward with retaliation claim plaintiff must provide evidence of but-for causation

  Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Houston v. Kimberley R. Trimmer-Davis, No. 01-19-00088-CV (Tex. App.—Houston [1st Dist.] August 25, 2020) (mem. op.). In this employment retaliation case, the plaintiff sued the City when suspended after
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Discrimination, Employment Law, Litigation, Procedure, Retaliation

Corpus Christi Court of Appeals held plaintiff can circumvent TWC for retaliation claim so long as underlying claim is based on TWC complaint

Special contributing author Laura Mueller, City Attorney for Dripping Springs Donna Indep Sch. Dist.. v. Cynthia Castilla, 13-19-00395-CV (Tex. App.—Corpus Christi, August 13, 2020) (mem.op.). In this employment discrimination and retaliation case, the plaintiff brought some claims that occurred outside of the
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Contracts, Employment Law, Litigation, Procedure

Austin Court of Appeals held that a plaintiff has to allege recoverable damages to waive governmental immunity for breach of contract under Chapter 271 of the Local Government Code.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Robert Lee Fitzsimmons, Jr. v. Killeen Indep. Sch. Dist., 03-19-00535-CV (Tex. App.—Austin, August 14, 2020). In this governmental immunity case, the Austin Court of Appeals dismissed the case against the School District
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Discrimination, Employment Law, Litigation, Procedure, Retaliation

Houston First Court of Appeals holds that a School’s participation in discovery does not waive its governmental immunity.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Democratic Schools Research, Inc. d/b/a The Brazos School for Inquiry and Creativity v. Tiffany Rock, 01-19-00512-CV (Tex. App.—Houston [1st Dist.], Aug. 4, 2020). In this employment discrimination case, the Houston First Court
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Attorney 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, 06-02-00002-CV (Tex. App.—Texarkana, July 30) (mem. op.). In this § 1983 case on an attorney fees award, the Court of
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ADA, Contracts, Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

14th Court of Appeals holds 1) proof of causation necessary to maintain labor code disability discrimination & 2) plea was properly denied for breach of contract

Special contributing author Laura Mueller, City Attorney for Dripping Springs Norris Rogers v. Houston Community College, 14-18-00591-CV (Tex. App.—Houston [14th Dist.], July 14, 2020) (mem. op.). This case contains two claims: (1) disability discrimination under Texas Labor Code Section 21.105; and (2)
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Employment Law

Proof of allowing the provision of alcohol to a minor in an officer’s presence is sufficient for a general discharge on an F-5 termination report

McCall v. Hays County Constable Precinct Three, No. 03-18-00355-CV (Tex. App.–Austin May 21, 2020) (mem.op.). [Special guest summary author Laura Mueller, City Attorney for Dripping Springs, Texas] The case involves an appeal from an Administrative Law Judge (ALJ) ’s order sustaining an
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