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

14th Court of Appeals holds ex-employees trigger date to file a charge of discrimination only occurs when employer’s discriminatory animus becomes sufficiently clear and he has suffered a tangible employment action

Metropolitan Transit Authority of Harris County, Texas v. John Carter, 14-19-00422-CV (Tex. App. – Houston [14th Dist.], January 14, 2021) This is an employment dispute where the 14th Court of Appeals affirmed the denial of a plea to the jurisdiction filed by
Read More

Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983, Sovereign Immunity, TTCA

Beaumont Court of Appeals holds City is not liable for alleged failure to create a police report, failure to investigate, or failure to prosecute as asserted by Plaintiff

Caryn Suzann Cain v. City of Conroe, Tex., et al., 09-19-00246-CV, 2020 WL 6929401 (Tex. App.—Beaumont Nov. 25, 2020)  This is an interlocutory appeal from the trial court’s order granting the City’s motion to dismiss, plea to the jurisdiction, and traditional motion
Read More

Litigation, Procedure, Sovereign Immunity, TTCA

14th Court of Appeals holds describing the general place where an injury occurs is sufficient for Tort Claims Act notice.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Metro. Transit Auth. of Harris County v. Tracey Carr, No. 14-19-00158-CV (Tex. App.—Houston [14th]  January 12, 2021) (mem. op.). In this appeal from a trial court’s order denying the city’s plea to
Read More

Constitutional Challenge, Contracts, Nuisance, Public Works, Sovereign Immunity, Takings, TTCA

Tyler Court of Appeals holds District is immune from sewer backup as 20 year old plastic coupler which failed was not part of the motor system

Sean Self v. West Cedar Creek Municipal Utility District, 12-20-00082-CV, (Tex. App – Tyler, Jan. 6, 2021) This is an appeal from the granting of a plea to the jurisdiction in a sewage backup case in which the Tyler Court of Appeals
Read More

Constitutional Challenge, Contracts, Declaratory Judgments, Litigation, Sovereign Immunity

The Tenth Court of Appeals held immunity waived for airport lease based on improvements made by tenant

  Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Cleburne v. RT General, LLC, No. 10-20-00037-CV (Tex. App.—Waco  December 16, 2020) (mem. op.). This is an interlocutory appeal from a trial court denial of the city’s plea to
Read More

Litigation, Sovereign Immunity, TTCA

The Eleventh Court of Appeals held that failure to monitor or provide medical care for an inmate who was injured in a county jail is insufficient to waive immunity under the Tort Claims Act.   

  Special contributing author Laura Mueller, City Attorney for Dripping Springs James Garms v. Comanche County, No. 11-19-00015-CV (Tex. App.—Eastland   December 18, 2020) (mem. op.). In this appeal from a trial court’s judgment granting the city’s plea to the jurisdiction on a
Read More