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
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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
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Agency, Attorney Fees, Declaratory Judgments, Litigation, Sovereign Immunity, Uncategorized

San Antonio Court of Appeals holds city ethics commission properly ruled complainant’s filing was frivolous and could award sanctions

Lakshmana Viswanath v. The City of Laredo, 04-20-00152-CV (Tex. App. – San Antonio, April 14, 2021) This is an appeal from a city ethics commission determination where the San Antonio Court of Appeals affirmed the commission’s finding but reversed the award of
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Litigation, Sovereign Immunity, TTCA

The emergency exception to the Tort Claims Act preserves immunity from car accident damages and injuries caused by a fire hose falling from a fire truck en route to a fire.   

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Nathan White v. City of Houston, No. 01-20-00415-CV (Tex. App.—Houston  March 25, 2021). In this appeal from a trial court’s holding that the city retained immunity under the emergency exception to
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Litigation, Procedure, Sovereign Immunity, TTCA

San Antonio Court of Appeals holds receipt of payment or exclusive use of premises are not substantial factors to determine invitee status under TTCA for premise defect case

City of San Antonio v. Nadine Realme, 04-20-00119-CV (Tex.App.—San Antonio, March 17, 2021) This is a Texas Tort Claims Act (“TTCA”) case where the Plaintiff alleges a premises defect claim against the City. The Court of Appeals reviewed the denial of the
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Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Preemption, Sovereign Immunity

San Antonio Court of Appeals holds City’s “Paid Sick Leave” ordinance was preempted by state law

Washington et al. v. Associated Builders & Contractors of South Texas, Inc., et al., 04-20-00004-CV (Tex. App.—San Antonio, March 10, 2021). In this case, the Fourth Court of Appeals considered the legality of San Antonio’s paid sick leave (PSL) ordinance. The Court
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