Declaratory Judgments, Injunction, Official/Qualified Immunity, Religious Freedom, Sec. 1983, Sovereign Immunity

U.S. 5th Circuit adopts 1st Amendment unbridled discretion/prior-restraint standards in federal suit against Texas Governor

Freedom from Religion Foundation, Inc. v. Greg Abbott Governor of the State of Texas, 18-50610, (5th Cir – April 3, 2020) This is a First Amendment case regarding immunity and viewpoint discrimination where the U.S. 5th Circuit adopted a specific prior restraint
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Litigation, Procedure, Sovereign Immunity

13th Court of Appeals holds it does not have interlocutory jurisdiction to hear 2nd motion which is nothing more than reconsideration of first plea to the jurisdiction

City of Elsa, Texas v. Jesse Diaz, 13-19-00109-CV, (Tex. App – Corpus Christi – Edinburg, April 2, 2020) This is an interlocutory appeal (2nd for the case) in a contractual immunity case where the 13th Court of Appeals held the City’s summary
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Constitutional Challenge, Eminent Domain, Litigation, Sovereign Immunity, Takings

Eastland Court of Appeals holds conclusory statements in pleadings insufficient to plead jurisdiction – facts are needed to establish City had intent to commit a taking

  City of Albany v. Diana Christine Blue and Elva Rae Sanders, 11-18-00051-CV, (Tex. App – Eastland, April 2, 2020) This is an interlocutory appeal in a nuisance and inverse condemnation case where the Eastland court of appeals reversed the denial of
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Contracts, Sovereign Immunity

Contractor properly complied with administrative dispute resolutions in contract, so properly exhausted administrative remedies holds Dallas Court of Appeals

  Dallas Area Rapid Transit Authority v. GLF Construction Company, 05-19-003930-CV, (Tex. App – Dallas, April 3, 2020) This is an interlocutory appeal in a contractual immunity case where the Dallas Court of Appeals affirmed the denial of DART’s plea to the
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Contracts, Declaratory Judgments, Finance

Public entities which issue bonds can utilize Expedited Declaratory Judgment Act for validation of contract execution, but not compliance says Texas Supreme Court

City of Controe, et al, v San Jacinto River Authority, et al, 18-0989, (Tex. March 27, 2020) This is a case brought under the Expedited Declaratory Judgment Act (EDJA) involving proper compliance by the local government with bond requirements. The EDJA provides
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