Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds immunity is waived for deputy’s re-positioning of patrol vehicle causing lights to hit oncoming traffic

RYDER INTEGRATED LOGISTICS, INC. v. FAYETTE COUNTY, TEXAS, 13-0968 (Tex. February 6, 2015) This is a Texas Tort Claims Act (“TTCA”) case involving a motor vehicle collision of two eighteen-wheelers and involves the interpretation of Tex. Civ. Prac. & Rem. Code §101.021(1)(a)(i.e.
Read More

Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Procedure, Sign Regulation, Takings

Changing tri-display billboard to LED billboard is a reconstruction and not merely a change in “electrical wiring or devices” so required a permit

Garrett Operators, Inc. v. City of Houston, 01-13-00767-CV (Tex. App. – Houston [1st Dist.], January 22, 2015) Garrett Operators, Inc. (“Garrett”) filed a declaratory judgment action against the City of Houston (“the City”) regarding the application and interpretation of the City’s Sign
Read More

Discrimination, Employment Law, Litigation, Procedure, Retaliation

Ex-employee must pay attorney’s fees for frivolous discrimination claims; no adverse employment action occurred and law is clear supervisors are not liable

Tammy Anderson v. Houston Community College System, 01-14-00062-CV (Tex. App. – Houston [1st Dist.], January 13, 2015) This is a discrimination/retaliation case under the Texas Commission on Human Rights Act (“TCHRA”) where the court of appeals affirmed the granting of MSJs for
Read More

Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983, Sovereign Immunity, TTCA

Texas Supreme Court says Tort Claims Act dismissal does not affect amended pleadings which add sec. 1983 claims

TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES V. WATSON, et al. 12-0830 (Tex. January 9, 2015) This is a Texas Tort Claims Act case where the Texas Supreme Court holds that while individual employees are entitled to dismissal for tort claims, they
Read More

Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Mandamus, Procedure, Sovereign Immunity, Ultra Vires

Civil Service Director ordered to submit appeal to independent hearing examiner, but City immune from damages

Richard Stubbs v. The City of Weslaco, et al., 13-14-00054-CV (Tex. App. —  Corpus Christi, January 8, 2015). This is an appeal from the dismissal of a mandamus action where the 13th Court of Appeals reversed the dismissal and ordered the trial
Read More

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

Mayor entitled to qualified immunity in First Amendment employment case; Police chief’s report to outside agency was not his action as a citizen but remained within his job duties

Gibson v. Kilpatrick, No. 12-60905 (5th Cir. December 11, 2014). This is a First Amendment in employment matter case where the 5th Circuit reversed the denial of the Mayor’s qualified immunity defense. Chief of Police Gibson reported Mayor Kilpatrick of Drew, Mississippi
Read More

Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Procedure, Sovereign Immunity, Ultra Vires

City not liable for back pay or reinstatement for initially failing to provide a hearing with hearing examiner but court has jurisdiction to issue prospective relief if appropriate

Michael Hamilton v. Mark Washington, in his Capacity as City of Austin Civil Service Director, et al., 03-11-00594-CV (Tex. App. Austin, December 23, 2014) This is an appeal from the granting of a plea to the jurisdiction in a civil service indefinite
Read More

Litigation, PIA, Procedure

3rd Court reverses years of AG opinions; now holds attorney/client privilege is confidential as a matter of law and an inherently compelling reason to preclude disclosure under PIA

Greg Abbott, Attorney General of the State of Texas v. City of Dallas, 03-13-00686-CV (Tex. App. – Austin December 23, 2014) This is a Public Information Act (“PIA”) lawsuit where the Austin Court of Appeals affirmed the trial court order allowing the
Read More