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Contracts, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

No waiver of immunity to compel TxDMV to comply with contract

February 19, 2014rhenry12598Leave a comment

  Texas Department of Motor Vehicles v. Pinnacle Motors, 04-13-00496-CV (Tex. App. –  San Antonio, February 19, 2014) This is an interlocutory appeal from the denial of a plea to the jurisdiction arising from a breach of contract suit. The San Antonio
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Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

City immune from attorney’s fee under declaratory judgment claims says 4th Court of Appeals.

February 19, 2014rhenry12598Leave a comment

  The City of San Antonio v. The Rogers Shavano Ranch, Ltd., et al, 04-13-00623-CV (Tex. App. – San Antonio, February 19, 2014) This is a limited scope opinion on whether a plaintiff can recover attorney’s fees under the Uniform Declaratory Judgment
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Discrimination, Employment Law, Official/Qualified Immunity

Diversity training is proper remedial action to avoid Title VII liability says 5th Circuit.

February 14, 2014rhenry12598Leave a comment

  Williams-Boldware v. Denton County, Texas No. 13-40044 (5th Cir. January 31, 2014). This is a hostile work environment case where the U.S. Court of Appeals for the 5th Circuit reversed a judgment and dismissed the discrimination claims of an African-American Assistant
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Contracts, Declaratory Judgments, Takings

City retains immunity for implied reimbursement contract

February 13, 2014rhenry12598Leave a comment

  Midtown Edge, L.P. and Midtown Condominiums, L.L.C. v. The City of Houston, 01-12-00730-CV (Tex. App. – Houston [1st Dist.], February 13, 2014). This is an appeal from an interlocutory order granting the City of Houston’s plea to the jurisdiction in a
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Agency, Civil Service/Collective Bargaining, Employment Law

Witness statement counts as sec. 614.023 complaint says Houston Court of Appeals

February 13, 2014rhenry12598Leave a comment

  Harris County Sheriff’s Civil Service Commission v. Louis Guthrie 14-12-00474-CV (Tex. App. – Houston [14th Dist.], February 13, 2014) This is an appeal from a district court order reversing the Harris County Sheriff’s Civil Service Commission’s order affirming the termination of
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Declaratory Judgments, Public Works

Resort loses trespass to title claims against County

February 7, 2014rhenry12598Leave a comment

  Arrowhead Resort, LLC v. Hill County, Texas, 10-12-00446-CV (Tex. App. – Waco, February 6, 2014). This is an appeal from the granting of the County’s summary judgment motion dismissing Arrowhead’s trespass to try title and declaratory judgment claims over title to
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Civil Service/Collective Bargaining, Contracts, Discrimination, Employment Law

Officers win age discrimination claims against City after department consolidation

February 7, 2014rhenry12598Leave a comment

City of Austin v. Raymond E. Chandler, et al., 03-12-00057-CV (Tex. App. – Austin, February 7, 2014) This is an age discrimination case where several public safety officers over 40 sued the City of Austin when they lost rank and years of
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Contracts, Sovereign Immunity

Parties cannot contract to reinstate immunity waived under Chapter 271 of Local Government Code

February 7, 2014rhenry12598Leave a comment

City of Willow Park, Texas v. E.S. & C.M., Inc, 02-13-00272-CV (Tex. App. – Fort Worth, February 6, 2014) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a breach of contract case where the Fort
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Contracts, Declaratory Judgments, Sovereign Immunity, TTCA

3rd Court continues split in circuits regarding proprietary/governmental distinction in contract holdings

February 6, 2014rhenry12598Leave a comment

The City of Austin d/b/a Austin Energy v. MET Center, 03-11-00662-CV (Tex. App. – Austin, February 6, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a breach of contract dispute involving an electric utility.
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Contracts, Declaratory Judgments, Sovereign Immunity, TTCA

7th Court joins 4th Court in holding no proprietary/governmental distinction in contracts

February 6, 2014rhenry12598Leave a comment

  Republic Power Partners, L.P. v. City of Lubbock, 07-12-00438-CV (Tex. App. – Amarillo, February 5, 2014) This is an accelerated appeal where Republic Power Partners (“RPP”) appeals the granting of the City’s plea to the jurisdiction.  The Amarillo circuit joins on
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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims

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