Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Nuisance, Official/Qualified Immunity, Sovereign Immunity, Takings, TOMA, Ultra Vires

Property owners cannot sue on City’s right to amend deed restrictions on lots it owns or create City park; increased traffic and noise cannot be basis for inverse condemnation claim

The City of Friendswood and Kevin Holland v. Paul and Carolyn Horn, et al., 01-15-00436-CV (Tex. App. – Houston [1st Dist.], February 11, 2016). This is essentially an inverse condemnation case where the First Court of Appeals reversed the denial of a
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Litigation, Sovereign Immunity, TTCA

Employee witnessing one fall in general location is not actual knowledge of a dangerous condition sufficient to attribute liability to second fall says Austin Court of Appeals

The University of Texas at Austin v. William A. Bellinghausen, Jr. 03-14-00749-CV (Tex. App. – Austin, February 3, 2016) This is an interlocutory appeal in a premise defect case where the Austin Court of Appeals reversed the denial of a plea to
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Employment Law, Litigation, Procedure, Sovereign Immunity, Whistleblower

Plea was properly denied due to need to develop record; further split in courts of appeal regarding jurisdictional nature of SOL continues

Beaumont Independent School District v. George W. Thomas Jr. 09-15-00029-CV (Tex. App. – Beaumont, January 28, 2016). This is a Texas Whistle Blower Act case where the Ninth Court of Appeals affirmed in part and reversed in part the denial of a
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Contracts, Declaratory Judgments, Litigation, Procedure, Public Works, Sovereign Immunity

Fourth Court holds notice provisions in a contract cannot be addressed in a plea to the jurisdiction since they can be waived.

City of San Antonio v. Casey Industrial, Inc. 04-14-00429-CV (Tex. App. – San Antonio, January 27, 2016) This is an immunity in contract case where the Fourth Court of Appeals first issued an opinion in July of 2015 upholding the City’s immunity
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, Ultra Vires

U.S. Supreme Court holds government contractor not entitled to derivative immunity; also full offer of settlement does not moot Plaintiff’s claims

Campbell-Ewald v. Gomez, 14-857 (January 20, 2016) The United States Supreme Court issued this opinion on derivative sovereign immunity for contractors. The United States Navy contracted with Campbell-Ewald Company (“Campbell”) to develop a multimedia recruiting campaign that included the sending of text
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