Data Foundry, Inc. v City of Austin, 19-0475 (Tex. April 9, 2021) This is a utility rate challenge case. However, the issue considered by the Texas Supreme Court is whether the company purchasing electricity has standing to sue. The Court held it does have standing. Data Foundry is an internet service provider that operates data […]
Lakshmana Viswanath v. The City of Laredo, 04-20-00152-CV (Tex. App. – San Antonio, April 14, 2021) This is an appeal from a city ethics commission determination where the San Antonio Court of Appeals affirmed the commission’s finding but reversed the award of attorney’s fees. Viswanath is the founder of a government watchdog group known as […]
Anokwuru v. City of Houston, et al., No. 20-20295 (5th Cir. March 16, 2021) This is a racial discrimination/§1983 case where the U.S. Fifth Circuit Court of Appeals affirmed the district court’s Rule 12(b)(6) dismissal. The Houston Police Department was investigating an alleged “gang rape.” The victim identified three suspects, one named “Idris” and the […]
Special contributing author Laura Mueller, City Attorney for Dripping Springs Nathan White v. City of Houston, No. 01-20-00415-CV (Tex. App.—Houston March 25, 2021). In this appeal from a trial court’s holding that the city retained immunity under the emergency exception to the Texas Tort Claims Act, the First Court of Appeals affirmed the trial […]
Torres v Madrid, et al., No. 19–292. (U.S. March 25, 2021) This is an excessive force/§1983 case where the U.S. Supreme Court held the proper inquiry into a “seizure” by excessive force (i.e. gunshots) is whether the challenged conduct objectively manifests an intent to restrain as opposed to force applied by accident or for some […]
The City Carrollton, Texas v. Weir Brothers Contracting, LLC, 05-20-00714-CV (Tex App. – Dallas, March 22, 2021) This is a contractual immunity case where the Dallas Court of Appeals held the City’s lease of certain land was a proprietary function, therefore immunity did not apply. The City advertised for proposals to bid on purchasing or […]
Brandy Newbury v City of Windcrest, Texas, 20-50067 (5th Cir. March 22, 2021) This is an employment discrimination case where the U.S. Fifth Circuit Court of Appeals affirmed the granting of the City’s motion for summary judgment. Brandy Newbury was a police officer within her first year of employment with the City. Newbury asserted during […]
City of San Antonio v. Nadine Realme, 04-20-00119-CV (Tex.App.—San Antonio, March 17, 2021) This is a Texas Tort Claims Act (“TTCA”) case where the Plaintiff alleges a premises defect claim against the City. The Court of Appeals reviewed the denial of the City’s plea to the jurisdiction, ultimately affirming the denial. Plaintiff Realme paid to […]
Washington et al. v. Associated Builders & Contractors of South Texas, Inc., et al., 04-20-00004-CV (Tex. App.—San Antonio, March 10, 2021). In this case, the Fourth Court of Appeals considered the legality of San Antonio’s paid sick leave (PSL) ordinance. The Court held the PSL ordinance was unconstitutional because it established a minimum wage and […]
City of San Antonio v. Nolan Anderson, 04-20-00320-CV (Tex.App.—San Antonio, March 10, 2021) This is a Texas Tort Claims Act (“TTCA”) case where the Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the claims with prejudice. Plaintiff Anderson was on crutches and exiting a terminal at the San […]