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, 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
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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
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Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Procedure

City plea was not a challenge to jurisdiction but an argument on merits so it should have been denied holds Amarillo Court of Appeals

Richard Zambrana v. City of Amarillo, 07-13-00058-CV (Tex. App. – Amarillo, October 8, 2014) This is a civil service case regarding a firefighter where the Amarillo Court of Appeals reversed the granting of a plea to the jurisdiction and sent the case
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