Constitutional Challenge, Litigation, Mandamus, Procedure

Texas Supreme Court holds circumstantial evidence can support expedited motion to dismiss if suit affects First Amendment rights.

IN RE STEVEN LIPSKY, 13-0928 (Tex. April 24, 2015) The Texas Citizens Participation Act (“TCPA”) protects citizens who petition or speak on matters of public concern from retaliatory lawsuits that seek to intimidate or silence them. Tex. Civ. Prac. & Rem. Code
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Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Litigation, Procedure

Firefighter collaterally estopped from challenging compelled arbitration for health benefits says San Antonio Court of Appeals

City of San Antonio v. Gerard Cortes, 04-14-00301-CV (Tex. App. – San Antonio, April 29, 2015) This is a civil service/collective bargaining case involving the City’s motion to compel arbitration which the court of appeals agreed should be granted. The Collective Bargaining
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Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Procedure

Firefighter permitted to replead to establish jurisdiction for dispute over pre-employment contract to civil service job

Jamil Saifi v. City of Texas City, 14-13-00815-CV (Tex. App. – Houston [1st Dist.], April 21, 2015), mem. Op. This is a civil service/collective bargaining case involving a firefighter where the First District Court of Appeals reversed the granting of the City’s
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Constitutional Challenge, Declaratory Judgments, Eminent Domain, Litigation, Procedure, Takings

Fort Worth Court of Appeals upholds jury award for partial taking and partial implied dedication in inverse-condemnation case

City of Justin, Texas v. Rimrock Enterprises, Inc., 02-13-00461-CV (Tex. App. – Fort Worth, April 2, 2015) This is an inverse-condemnation suit where the Fort Worth Court of Appeals affirmed in part and reversed in part an award for the property owner.
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Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

180 day deadline to file charge of discrimination runs from date of adverse action, not the date employee discovers action is discriminatory says Austin Court of Appeals

Austin Independent School District v. Andrew Lofters, 03-14-00071-CV (Tex. App. – Austin, April 1, 2015) In this race discrimination/retaliation case the Third Court of Appeals reversed the denial of the a plea to the jurisdiction for failure to exhaust administrative remedies. Lofters,
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Agency, Declaratory Judgments, Finance, Litigation, Procedure, Public Works

Expedited public securities law cannot be used to challenge TCEQ permit says Third Court of Appeals

Guadalupe-Blanco River Authority v. Texas Attorney General, et al, 03-14-00393-CV (Tex. App. Austin, February 26, 2015) The Guadalupe-Blanco River Authority (“Authority”) filed a suit against numerous entities asserting the San Antonio Water System (“SAWS”) improperly filed an application with the Texas Commission
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Declaratory Judgments, Land Use, Litigation, Sovereign Immunity, TTCA, Ultra Vires, Vested Rigths

Suit against City employee, individually, dismissed, but ultra-vires claims remain even under Sec. 101.106 of Civil Practice and Remedies Code

Charles N. Draper v. Greg Guernsey, in his Capacity as Director of Planning and Development Watershed Protection Review Department; and City of Austin, 03-14-00265-CV (Tex. App. – Austin, February 25, 2015). This is a land-use dispute but the opinion focuses on the
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