Litigation, Procedure, Public Works, Sovereign Immunity, TTCA

TxDOT immune from accidentally letting two directions of traffic into the same lane says Beaumont Court of Appeals

Jeanette Hagelskaer v. Texas Department of Transportation 09-15-00279-CV (Tex. App. – Beaumont, April 21, 2016). This is an appeal from the granting of TxDOT’s plea to the jurisdiction where the Beaumont Court of Appeals modified the judgment but affirmed the granting of the
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Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Litigation, Procedure, Ultra Vires

Officer waived his right to appeal in last chance agreement so trial court was without jurisdiction said Austin Court of Appeals

The City of Austin Firefighters’ and police Officers’ Civil Service Commission, et al v William M. Stewart, No. 03-15-00591-CV (Tex. App. – Austin, April 14, 2016) This is a civil service employment dispute where the Austin Court of Appeals reversed the denial
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

Deputies cannot use no-evidence summary judgment to argue qualified immunity defense in state court says Houston Court of Appeals for 14th District.

Sergeant Mary Haver and Deputy Constable Kevin Vailes, in their individually capacities v. Barbara Coats, et al. 14-15-00185-CV (Tex. App. – Houston [14th Dist.], April 12, 2016) This is a qualified immunity/excessive force case where the court held the individual constable deputies
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA, Ultra Vires

City and City officials not liable for malicious prosecution in case brought by park vendor

City of Dallas, et al v. Robert Groden 05-15-00033-CV (Tex. App. – Dallas, April 6, 2016). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a malicious prosecution case. The Dallas Court of Appeals reversed the
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Contracts, Litigation, Procedure, Sovereign Immunity, TTCA, Ultra Vires

Texas Supreme Court ends split in circuits and holds proprietary-governmental dichotomy exists in breach of contract cases

WASSON INTERESTS, LTD. v. CITY OF JACKSONVILLE, 14-0645 (Tex. April 1, 2016) This is a proprietary-governmental dichotomy in contracts case where the Texas Supreme Court ruled the dichotomy does exist within the context of breach of contract disputes. In the 1990s, the
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Employment Law, Litigation, Procedure, Whistleblower

Plaintiff’s amended pleading and response filed after signed order granting plea is issued should have warranted reconsideration says 1st District Court of Appeals

Ronald Williams v. Metropolitan Transit Authority 01-15-00299-CV (Tex. App. – Houston [1st Dist.], March 22, 2016). This is a Texas Whistleblower Act case where the 1st District Court of Appeals reversed the granting of a plea to the jurisdiction by the Metropolitan
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Litigation, Procedure, Sovereign Immunity, TTCA

Accident report was insufficient to establish actual knowledge of potential claim under Tort Claims Act says Texarkana Court of Appeals

Texas Department of Transportation v. Haley Brown 06-15-00090-CV (Tex. App. – Texarkana March 22, 2016) This interlocutory appeal arises from the denial of the Texas Department of Transportation’s (TxDOT’s) plea to the jurisdiction regarding Haley Brown’s claims for personal injury in which
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