Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

180 day deadline to file charge of discrimination runs from date of adverse action, not the date employee discovers action is discriminatory says Austin Court of Appeals

Austin Independent School District v. Andrew Lofters, 03-14-00071-CV (Tex. App. – Austin, April 1, 2015) In this race discrimination/retaliation case the Third Court of Appeals reversed the denial of the a plea to the jurisdiction for failure to exhaust administrative remedies. Lofters,
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Agency, Declaratory Judgments, Finance, Litigation, Procedure, Public Works

Expedited public securities law cannot be used to challenge TCEQ permit says Third Court of Appeals

Guadalupe-Blanco River Authority v. Texas Attorney General, et al, 03-14-00393-CV (Tex. App. Austin, February 26, 2015) The Guadalupe-Blanco River Authority (“Authority”) filed a suit against numerous entities asserting the San Antonio Water System (“SAWS”) improperly filed an application with the Texas Commission
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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
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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
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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
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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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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
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Litigation, Procedure, Sovereign Immunity, TTCA

Cursory investigation does not equate to awareness of fault and mailbox rule does not apply to TTCA notice provision says 13th Court of Appeals

Texas Department of State Health Services v. Laura Gonzalez, 13-14-00259-CV (Tex. App. – Corpus Christi, December 18, 2014) This is a Texas Tort Claims Act (“TTCA”) motor vehicle accident case where the Thirteenth Court of Appeals reversed the denial of a plea
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