Litigation – Page 14 – The Law Offices of Ryan Henry

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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Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

San Antonio Court of Appeals holds a fact question exists as to whether a deputy’s U-turn caused following traffic to skid into oncoming traffic

Webb County v. Juan C. Garcia, 04-19-00891-CV (Tex. App. – San Antonio, July 22, 2020) This is a motor vehicle accident case under the Texas Tort Claims Act (“TTCA”) where the San Antonio Court of Appeals affirmed the denial of the County’s
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Attorney 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, the Fort Worth Court of Appeals holds certain private property owners did not establish a right to declaratory relief regarding
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Declaratory Judgments, Eminent Domain, Land Use, Litigation, Procedure, Sovereign Immunity

San Antonio Court of Appeals affirms county’s jurisdictional challenge and award of sanctions against property owner

Kehoe v Kendall County, 04-19-00825-CV (Tex. App. – San Antonio, July 15, 2020). This is a declaratory judgment case involving a private property easement where the San Antonio Court of Appeals affirmed the City’s plea to the jurisdiction and awarded sanctions against
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Contracts, Litigation, Procedure

County properly supported summary judgment affidavits to establish breach of contract claim against garbage franchise holder

Hernandez v County of Zapata, 04-19-00507-CV (Tex. App. – San Antonino, July 8, 2020). This is a breach of contract/garbage collection case where the San Antonio Court of Appeals upheld an order granting the County’s summary judgment against Hernandez. The County of
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Litigation, TTCA

Failure to use an x-ray machine in the right body area to locate a missing sponge constitutes the misuse of tangible personal property under TTCA

Special contributing author Laura Mueller, City Attorney for Dripping Springs Univ. of Tex. Sw. Med. Ctr. V. Rhoades, No. 05-19-00445-CV (Tex. App.—Dallas June 30, 2020). This is a medical negligence case brought under the Texas Tort Claims Act (TTCA) filed after a
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Agency, Declaratory Judgments, Litigation, PIA

Austin Court of Appeals holds junior college could not withhold school transcripts of two employees under the Texas Public Information Act

Del Mar College District v Ken Paxton, 03-19-00094-CV (Tex. App. – Austin, July 1, 2020) This is a Texas Public Information Act (“PIA”) case where the Austin Court of Appeals affirmed an order requiring the release of certain information possessed by the
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Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds TTCA waives immunity for slight negligence claims, which applies to common carriers (buses) and imposes a higher degree of care for passengers

VIA Metropolitan Transit v Curtis Meck, 18-0458 (Tex. June 26, 2020) This is a Texas Tort Claims Act (TTCA) case involving a VIA bus accident where the Texas Supreme Court affirmed a jury award against VIA. VIA Metropolitan Transit is a governmental
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Litigation, TTCA

San Antonio Court of Appeals holds because officer’s affidavit was too sparse to establish a proper lookout trial court properly denied the plea to the jurisdiction

City of San Antonio v Huron, 04-19-00570-CV (Tex. App. – San Antonio, June 11, 2020) This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case where the San Antonio Court of Appeals affirmed the denial of the City’s plea to the jurisdiction.
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Declaratory Judgments, Injunction, Litigation, Vested Rigths

Austin Court of Appeals holds no vested rights for zoning changes related to square foot of use ratio

River City Partners, Ltd. V City of Austin, 03-19-00253-CV (Tex. App. — Austin, June 4, 2020). This is a vested rights/Chapter 245 challenge suit where the Austin Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. In 1986,
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Category: Litigation

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

San Antonio Court of Appeals holds a fact question exists as to whether a deputy’s U-turn caused following traffic to skid into oncoming traffic

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

San Antonio Court of Appeals affirms county’s jurisdictional challenge and award of sanctions against property owner

County properly supported summary judgment affidavits to establish breach of contract claim against garbage franchise holder

Failure to use an x-ray machine in the right body area to locate a missing sponge constitutes the misuse of tangible personal property under TTCA

Austin Court of Appeals holds junior college could not withhold school transcripts of two employees under the Texas Public Information Act

Texas Supreme Court holds TTCA waives immunity for slight negligence claims, which applies to common carriers (buses) and imposes a higher degree of care for passengers

San Antonio Court of Appeals holds because officer’s affidavit was too sparse to establish a proper lookout trial court properly denied the plea to the jurisdiction

Austin Court of Appeals holds no vested rights for zoning changes related to square foot of use ratio

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