Discrimination, Employment Law, Litigation

Former employee could not establish comparator for her “unique” but low level position so summary judgment was proper for Town

Morris v. Town of Independence; Michael Ragusa, 15- 30986 (5th Cir.  June28,2016) This is a racial discrimination in employment under 42 U.S.C. § 1981 where the 5th Circuit affirmed the granting of the Town’s summary judgment motion. Morris, an African-American woman, was
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Constitutional Challenge, Litigation, Procedure, Sec. 1983

U.S. Supreme Court holds PLRA does not have a “special circumstance” exception, but does require analysis of “available” administrative procedures for relief

Ross v Blake 15-339  (U.S. June 6, 2016) Slip Opinion This is a §1983 excessive force case, but its main focus is on the Prison Litigation Reform Act (“PLRA”) compliance. While transporting an inmate (Blake) to a segregation unit, a prison guard
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Litigation, Sovereign Immunity, TTCA

Fort Worth Court of Appeals holds each defendant, including independent contractors, separately liable for TTCA statutory caps even for single injury

Michelle Rodriguez v Fort Worth Transportation Authority, et al. 02-14-00340-CV (Tex. App.- Fort Worth, June 24th 2016) This is a Texas Tort Claims Act (“TTCA”) case where a plaintiff in a wrongful death case sued multiple entities trying to exceed the TTCA’s
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Agency, Constitutional Challenge, Declaratory Judgments, Health and Safety, Land Use, Litigation, Preemption, Sovereign Immunity, Takings, Vested Rigths

If you have a case involving Chapter 245 vested rights, zoning changes, and distance restrictions on alcohol sales read this 71 page opinion

FLCT, Ltd. and Field Street Development I, Ltd. v. City of Frisco, Texas, 02-14-00335-CV (Tex. App.- Fort Worth, May 26th 2016) Owners are two partnerships that own adjacent property in Frisco. FLCT’s tract is located on the actual corner; Field’s tract is
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Board of Adjustment, Constitutional Challenge, Land Use, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, Takings, Ultra Vires, Zoning

Trial court properly dismissed various claims brought against Board of Adjustment

Glen Sumner v. Board of Adjustments of City of Spring Valley Village, Texas; The City of Spring Valley Village Texas, Art Flores, and Rickie Prichard 14-15-00149-CV (Tex. App- Houston [14th Dist.], May 17th 2016). This is a board of adjustment and takings
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Constitutional Challenge, Eminent Domain, Litigation, Procedure, Structural Standards, Takings

Ordinance 30 day limitation to appeal BOA determination was not a statutory prerequisite, so trial court retained jurisdiction of takings claim

Nancy Wedgeworth v. City of Amarillo, et al. 07-15-00301-CV (Tex. App. – Amarillo, May 17, 2016) This is a structural standards case where the Amarillo Court of Appeals reversed the trial court’s granting of a plea to the jurisdiction. Wedgeworth owned a
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