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

Dallas Court of Appeals disagrees with El Paso Court of Appeals and holds civil service commission dismissal of grievance is still subject to appeal to district court

Rodney D. Bailey v. Dallas County, et al.,  05-16-00789-CV (Tex. App. – Dallas, December 21, 2017) This is a county civil service case where the Dallas Court of Appeals affirmed-in-part and reversed-in-part the County Defendants’ plea to the jurisdiction filed in a
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Constitutional Challenge, Declaratory Judgments, Litigation, Mandamus, Procedure, Sec. 1983, Separation of Powers, Sovereign Immunity, Tax, Ultra Vires

El Paso Court of Appeals holds non-appearance jurors failed to show waiver of immunity in contempt/fee challenge case but should be allowed to amend.

Joshua Luttrell, et al v. El Paso County, et al., 08-16-00090-CV (Tex. App. – El Paso, December 20, 2017). There is no way to categorize this case in a single sentence. In the thirty-nine page opinion, the El Paso Court of Appeals
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Annexation, Injunction, Mandamus, Separation of Powers

In annexation opposition, Dallas Court of Appeals opinion could result in trial courts using TOMA injunction provision to prevent legislative acts not yet up for vote

In Re: City of Mesquite, Texas 05-17-01303-CV (Tex.App— Dallas, November 14, 2017) In this original mandamus proceeding, the Dallas  Court of Appeals held the trial court did not abuse its discretion in granting certain injunctive relief prohibiting annexation in an extraterritorial  jurisdiction.
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Contracts, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity

San Antonio Court of Appeals holds river authority can be compelled to attend contract arbitration

San Antonio River Authority v. Austin Bridge & Road, L.P. and Hayward Baker Inc. 04-16-00535-CV ( Tex.App— San Antonio, August 9, 2017) This is an interesting case where the issue of sovereign immunity impacts whether an entity is a “party’ to a
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Declaratory Judgments, Elections, Mandamus, Ultra Vires

Dallas Court of Appeals dismisses referendum/mandamus claims against council but allows mandamus claims to go forward to trial against City Secretary

City of Plano, Texas, et al. v. Elizabeth Carruth, et al.  05-16-00573-CV (Tex. App— Dallas, February 23, 2017) This is a referendum case where the Dallas Court of Appeals dismissed all but one of the Plaintiffs’ claims under a plea to the
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Litigation, Mandamus, Procedure

Trial court in error for denying defendant’s designation of responsible third party even after SOL deadline says San Antonio Court of Appeals

In re Cleo Bustamante, Jr., 04-16-00333-CV (Tex.App— San Antonio, November 23,2016) This is a mandamus case of interest to litigators primarily who deal with proper designations for responsible third parties. The Fourth Court of Appeals, sitting en banc, determined it was error
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