Agency, Constitutional Challenge, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

Texas Supreme Court creates new standard holding governmental regulations must be more than rationally related to governmental interest under Article I, § 19 of the Texas Constitution

ASHISH PATEL, et al  v. TEXAS DEPARTMENT OF LICENSING AND REGULATION, et al, 12-0657 (Tex. June 26, 2015) In this regulation case, the Texas Supreme Court held the Texas regulation for licensing of eyebrow threaders (the “Threaders”) is not rationally related to
Read More

Agency, Contracts, Declaratory Judgments, Land Use, Sovereign Immunity

Tax abatement agreement does not waive immunity under Chapter 271 of Local Government Code, but filing counterclaim did says Beaumont Court of Appeals

The City of Conroe, et al v. TPProperty LLC 09-13-00509-CV (Tex. App. – Beaumont, June 25, 2015). This is a breach of contract case involving a type of HOT agreement and tax abatement in which the Beaumont Court of Appeals modified the
Read More

Litigation, Mandamus, Procedure, Sovereign Immunity

Fourth Court holds automatic stay in interlocutory appeal is not affected by removal time to federal court; discovery order was an abuse of discretion.

In re University of the Incarnate Word 04-15-00242-CV (Tex. App. – San Antonio, June 24, 2015) This is a mandamus case regarding discovery and will be in interest primarily for litigators. However, it addresses the interlocutory appeal and automatic stay provisions and
Read More

Constitutional Challenge, Contracts, Declaratory Judgments, Land Use, Sovereign Immunity, Vested Rigths

Payday loan company has no jurisdiction to challenge City ordinance regulating payday loans says Fort Worth Court of Appeals

ACE Cash Express, Inc. v. The City of Denton, Texas 02-14-00146-CV (Tex. App. – Fort Worth, June 4, 2015). This is a case involving a company’s attempt to invalidate a city ordinance regulating credit access businesses in which the Fort Worth Court
Read More

Constitutional Challenge, Contracts, Official/Qualified Immunity, Sec. 1983, Sovereign Immunity, Uncategorized

U.S. 5th Circuit holds school district not a proper RICO defendant, but former trustee is; former trustee not entitled to §101.106 immunity for bribery allegations

The Gil Ramirez Group, L.L.C. v. Houston Independent School District  13-20753 (5th Cir. May 18, 2015). This is a bribery and federal Racketeer Influenced Corrupt Organizations Act (“RICO”), claim case against the Houston Independent School District (“HISD”), a former HISD trustee (“Marshall”)
Read More