Employment Law, Litigation, Procedure, Sovereign Immunity, Whistleblower

Plaintiff’s pro se brief insufficient to preserve arguments on appeal holds Dallas Court of Appeals

Gilberto Hernandez v. Dallas Independent School District, 05-17-00227-CV (Tex. App. – Dallas, April 18, 2018). This is a Texas Whistleblower Act case where the Dallas Court of Appeals affirmed the dismissal of the Plaintiff’s claims. The Dallas Independent School District (“DISD”) employed
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Discrimination, Employment Law, Procedure, Retaliation

Texas Supreme Court holds standards in same-sex discrimination cases are distinctly different than opposite-sex standards

Alamo Heights Independent School District v Catherine Clark, 16-0244, — S.W.3rd – (Tex. April 6, 2018). This is a workplace same-sex discrimination, harassment and retaliation case where the Texas Supreme Court held that while the actions complained of were vulgar, they were
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds officer entitled to qualified immunity after shooting woman walking towards roommate with a large knife

Kisela v. Hughe, 17-467, 584 U.S. – (April 2, 2018). This is an excessive force/qualified immunity case where the U.S. Supreme Court reversed the denial of the officer’s qualified immunity. Tucson police officer Kisela and two other officers had arrived on the
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Litigation, Official/Qualified Immunity, Procedure, TTCA

San Antonio Court of Appeals holds City made a judicial admission employee was acting within course and scope of employment at time of accident by filing §101.106(e) motion to dismiss. Therefore, not entitled to jury question on course and scope

Victor Ramos v. City of Laredo, 04-17-00099-CV (Tex. App. – San Antonio, March 28, 2018). This is a Texas Tort Claims Act (“TTCA”) case where the San Antonio Court of Appeals reversed a jury verdict and rendered judgment against the City. While
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Discrimination, Employment Law, FMLA, Retaliation

Ex-employee failed to allege she was qualified for her position but court held she was entitled to amend in discrimination/retaliation case

City of Granbury v. Christine Willsey 02-17-00343-CV (Tex. .App. — Fort Worth, March 15, 2018) This is an age/sex discrimination and retaliation case where the Fort Worth Court of Appeals affirmed-in-part and reversed-in-part the order denying the City’s plea to the jurisdiction.
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Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Procedure, Ultra Vires

Trial court had jurisdiction to determine if certain jobs should be classified as civil service, but not to award backpay

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-17-00120-CV (Tex. App. Amarillo — March 21, 2018) This is a civil service lawsuit where the Amarillo Court of Appeals reversed-in-part the denial of the City’s plea to
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Litigation, Mandamus, PIA, Procedure

Texarkana Court of Appeals holds county court at law has jurisdiction to hear PIA mandamus against city, despite district court language in PIA

Kenneth Craig Miller v. Gregg County, 06-17-00091-CV (Tex. App. – Texarkana, March 20, 2018). This is a Public Information Act (“PIA”) lawsuit in which the Texarkana Court of Appeals flipped back and forth between sections of the Government Code before modifying the
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