Constitutional Challenge, Employment Law, Litigation, Official/Qualified Immunity, Retaliation, Sec. 1983

Supervisor entitled to qualified immunity as to one suspended employees 1st Amendment claim but not the other

Benfield v. Magee, 18-30932, (U.S. 5th Cir. December 17, 2019) This is a First Amendment in employment action where the U.S. 5th Circuit reversed the denial of the individual supervisor’s qualified immunity defense and dismissed the claims as to one employee, but
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Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, TOMA, Whistleblower

Texas Supreme Court holds no-evidence MSJ proper to challenge jurisdiction; TOMA waiver of immunity does not include declaratory judgment claims

Town of Shady Shores v Swanson, 18-0413 (Tex. Dec. 13, 2019) This is an employment case, but the focus on the opinion is a procedural one.  Importantly, the Texas Supreme Court held 1) a no-evidence motion for summary judgment was proper to
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Contracts, Declaratory Judgments, Litigation, Sovereign Immunity, TTCA

No waiver of immunity for city contract to install sewer lines on property says 4th Court of Appeals

Twanda Brown v. City of Ingram, 04-19–00508-CV (Tex. App. —  San Antonio, Nov. 20, 2019).   In this suit, the San Antonio Court of Appeals affirmed the granting of the City’s plea to the jurisdiction related to counterclaims regarding utility services.   The City of Ingram (“the City”) sued
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Discrimination, Employment Law, Litigation, Procedure, Retaliation

Former Employee Failed to Brief and ID Records Establishing Causation or Pretext in Employment Case

Orlando Toldson v. Denton Independent School District, 02-18-00394-CV (Tex. App. – Fort Worth, Nov. 21, 2019) This is a sexual harassment/retaliation claim where the Fort Worth Court of Appeals affirmed the employer’s motion for summary judgment. Toldson worked for Denton Independent School
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Constitutional Challenge, Declaratory Judgments, Elections, Litigation, Public Works, Tax, Ultra Vires

Taxpayer lacked standing to challenge Houston drainage fee ordinance despite charter election invalidity

Elizabeth C. Perez v. Sylvester Turner, et al., 01-16-00985-CV (Tex. App. – Hous. [1st Dist], Oct. 15, 2019) This is a long standing/multi-opinion dispute challenging the City of Houston’s drainage fee ordinance. Prior summaries found here and here. In this substituted opinion
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Constitutional Challenge, Declaratory Judgments, Discrimination, Employment Law, Injunction, Litigation, Procedure, Retaliation, Sovereign Immunity

Firefighter’s claims against City dismissed since no adverse employment actions occurred; only minor internal decisions

Billy Fratus v. The City of Beaumont, 09-18-00294-CV (Tex. App. – Beaumont, Oct. 10, 2019). This is an employment discrimination/retaliation/firefighter case where the Beaumont Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Fratus was a firefighter who
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Agency, Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Injunction, Litigation, Sovereign Immunity, TOMA

Beaumont Court of Appeals holds firefighter’s last-chance agreement in collective bargaining city deprived trial court of jurisdiction to hear appeal of indefinite suspension

  Michael Scott Nix v. City of Beaumont, 09-18-00407-CV (Tex. App. -Beaumont – Oct. 3, 2019)\ This is an interlocutory appeal in a firefighter suspension case where the Beaumont Court of Appeals affirmed the granting of the City’s plea to the jurisdiction.
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