ADA, Discrimination, Employment Law, Litigation

Amarillo Court of Appeals holds 1) no race discrimination when employer hires from same protected class, 2) broken ankle is not ADA disability in this case, 3) age difference alone is not enough

Arnold Jordan v. Tarrant County Hospital District d/b/a JPs Health Network, 07-16-00034-CV (Tex. App—Amarillo, August 2, 2016) This is an employment discrimination case where the Amarillo Court of Appeals affirmed the granting of the Hospital District’s summary judgment motion. Jordan alleges Tarrant
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Constitutional Challenge, Sovereign Immunity, TTCA

Plaintiff could not establish City was substantially certain any actions were likely to cause flooding

City of Magnolia, City of Magnolia 4A Economic Development Corporation and City of Magnolia 4B Community Development Corporation v. David Smedley, 09-15-00334-CV  (Tex. App—Beaumont. July 28,2016) This is a flooding case where the Beaumont Court of Appeals dismissed the Plaintiff’s claims against
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Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Preemption, Separation of Powers

Permanent injunction prohibiting city from holding election on red light cameras dissolved

The City of Cleveland et al., v. Keep Cleveland Safe, 09-15-00076-CV (Tex. App—Beaumont, July28, 2016) Plaintiff, Keep Cleveland Safe (“KCS”) filed a petition attempting to stop the City from placing an issue on the ballot for the May 2014 election regarding photographic
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Litigation, Procedure, Public Works, Takings

County properly initiated clarification of interest in public road; statute of repose can be raised in plea to the jurisdiction

John Herbert Matthews v. Colorado County, 01-16-00092-CV (Tex. App—Houston [1st Dist.] July 26,2016) This is a road abandonment case where the First District Court of Appeals affirmed the granting of the County’s plea to the jurisdiction. In 1951, the Colorado County Commissioners
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Discrimination, Employment Law, Litigation

Former employee could not establish comparator for her “unique” but low level position so summary judgment was proper for Town

Morris v. Town of Independence; Michael Ragusa, 15- 30986 (5th Cir.  June28,2016) This is a racial discrimination in employment under 42 U.S.C. § 1981 where the 5th Circuit affirmed the granting of the Town’s summary judgment motion. Morris, an African-American woman, was
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Discrimination, Employment Law

Difference in severity of past criminal history meant comparator was not similarly situated for discrimination analysis says Dallas Court of Appeals

Noris Rogers v. Pearland Independent School District, 14-41115 (Tex. APP—Dallas, June 28, 2016) This is a race discrimination case where the Dallas Court of Appeals affirmed the granting of the employer’s summary judgment. Rogers, an African-American male, applied for employment as a
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