Contracts, Employment Law, Litigation, Procedure, Sovereign Immunity

Since City’s plea to the jurisdiction only challenged non-jurisdictional facts, plea was property denied in breach of contract suit

  City of Del Rio v. Henry Arredondo, 04-20-00409-CV, (Tex. App – San Antonio, August 4, 2021) This is a breach of contract suit where the Fourth Court of Appeals held that because the City’s plea only challenged non-jurisdictional facts, the plea
Read More

Agency, Declaratory Judgments, Litigation, Procedure, Ultra Vires, Uncategorized

Amarillo Court of Appeals holds committed individual cannot challenge commitment or conditions through secondary suit

James Richards v. Marsha McLane, in Her Official Capacity as Director of the Texas Civil Commitment Office, 07-20-00306-CV, (Tex. App – Amarillo, July 6, 2021) This is a declaratory judgment/ultra vires type case where the Amarillo Court of Appeals affirmed the granting
Read More

Litigation, Procedure, Sovereign Immunity, TTCA

Mere acknowledgment a police report exists does not establish actual notice of claim because the existence of an investigation alone is insufficient to demonstrate actual notice says 13th Court of Appeals

  City of Mission, Texas v. Lucila Gonzalez, 13-20-00138-CV, (Tex. App – Corpus Christi & Edinburg, July 22, 2021) This is a premise liability case under the Texas Tort Claims Act (“TTCA”) where the Corpus Christi & Edinburg Court of Appeals reversed
Read More

Litigation, Procedure, Sovereign Immunity, TTCA

Dallas Court of Appeals holds coordination of extra-duty assignments for police officers is a governmental function – Plaintiffs required to provide proper notice of claim under TTCA

Town of Highland Park v. Tiffany Renee McCullers, individually and for the benefit of Calvin Marcus McCullers and Calvin Bennett McCullers and ANF of C.J., Minor, and Sonya Hoskins, et al, 05-19-01431-CV, (Tex. App – Dallas, June 29, 2021) This is a
Read More

Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Sovereign Immunity, Takings

Fort Worth Court of Appeals holds oral pronouncements from bench cannot be considered when appealing a written order granting Town’s plea to the jurisdiction

John Artuso v. Town of Trophy Club, Texas, 02-20-00377-CV, (Tex. App – Fort Worth, May 13, 2021) This is a negligence, taking,  and declaratory judgment action where the Fort Worth Court of Appeals affirmed the granting of the Town’s plea to the
Read More

Declaratory Judgments, Litigation, Mandamus, PIA, Procedure

Eastland Court of Appeals holds City failed to obtain ruling on special exceptions, therefore it could not complain about a lack of factual specificity in the pleadings within its plea to the jurisdiction

City of Odessa, Texas v. AIM Media Texas, LLC d/b/a The Odessa American, 11-20-00229-CV  (Tex. App. – Eastland, May 13, 2021). This is a Public Information Act (“PIA”) case where the Eastland Court of Appeals held the Plaintiff had properly fallen under
Read More

Constitutional Challenge, Litigation, Procedure, Sec. 1983

U.S. Fifth Circuit holds court can dismiss claims sua sponte when party has had ample opportunity to amend deficient pleadings

Anokwuru v. City of Houston, et al., No. 20-20295 (5th Cir. March 16, 2021) This is a racial discrimination/§1983 case where the U.S. Fifth Circuit Court of Appeals affirmed the district court’s Rule 12(b)(6) dismissal. The Houston Police Department was investigating an
Read More