Declaratory Judgments, Health and Safety, Litigation, Nuisance, Preemption, Procedure

City can sue for damages to property values due to nuisance for acts occurring outside ETJ says Amarillo Court of Appeals.

  Town of DISH, et al v. Enbridge Gathering (North Texas) L.P., et al.,  07-13-00391-CV (Tex. App. – Amarillo, June 1, 2015) This is a consolidation of three separate cases with multiple parties and multiple defendants with certain procedural complexities. For the
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Agency, Declaratory Judgments, Employment Law, Litigation, Procedure, Ultra Vires

Police officer plaintiff failed to establish jurisdiction in Worker’s Compensation Act case

  Jamie Harvel and the Austin Police Association v Texas Department of Insurance- Division of Workers’ Compensation And Commissioner Rod Borderlon, In His Official Capacity, 13-14-00095-CV, (Tex. App.– Corpus Christi, May 21, 2015). This is an interlocutory appeal from the granting of
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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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