College’s evidence established employee was incompetent for her job; therefore not qualified; therefore could not make a prime facie case for discrimination

Darla Lackey v. Lone Star College System, 09-15-003999-CV (Tex. App— Beaumont, October 20, 2016) This is an employment discrimination case where the Beaumont Court of Appeals affirmed the granting of the College’s plea to the jurisdiction. Lackey is a forty-three-year-old Caucasian female
Read More

Austin Court of Appeals holds supervisor without law-enforcement powers can still qualify as appropriate law enforcement authority for Whistleblower Act purposes

Rebekha Montie v. Bastrop County,03-16-00123(Tex. App— Austin, October 19, 2016) This is a Texas Whistleblower Act case where the Austin Court of Appeals reversed the granting of the County’s plea to the jurisdiction and remanded the case for trial. Rebekha Montie was
Read More

Plaintiff’s expert created fact issue as to officer’s recklessness preventing the granting of City’s plea to the jurisdiction

Bay City, Texas v. Wade McFarland, 13-15-00122-CV (Tex. App— Corpus Christi, October 13,2016) This is a Texas Tort Claims Act case involving an automobile accident where the Corpus Christi Court of Appeals affirmed the denial of the City’s plea to the jurisdiction.
Read More

Since volunteer firefighter is not an employee, no waiver of immunity exists for his car accident

Freer Volunteer Fire Department v. April Wallace, Individually and Next Friend of Gabriella Wallace, 04-16-00373-CV (Tex. App— San Antonio, October 5,2016) This is a Texas Tort Claims Act case where the involving a volunteer fire department and whether an individual is a
Read More

City not required to adopt formal criteria for non-consent tow list and may consider intangible/subjective factors

 Integrity Collision Center v. City of Fulshear, No. 15-20560 ( 5th Cir. September 20,2016) This is an injunction case where a tow-truck company sued to compel the City to include it in the City’s non-consent tow list. The U.S. Court of Appeals
Read More

Since trooper entitled to official immunity in car accident case, DPS also immune from care accident says Austin Court of Appeals

Texas Department of Public Safety v. Anisty Mirasol, 03-15-00300-CV (Tex.App— Austin, September 29,2016) The Texas Department of Public Safety (“DPS”) appeals from the trial court’s order denying its plea to the jurisdiction in a vehicle collision case with a DPS officer under
Read More