Litigation, Sovereign Immunity, TTCA

Dallas Court of Appeals holds Parkland Hospital did not have actual knowledge of glass pane defect prior to it falling and injuring Plaintiff

Dallas County Hospital District d/b/a Parkland Health & Hospital System v. Lidia Bravo and Jefrey Bravo, 05-20-00640-CV, (Tex. App – Dallas, March 4, 2021) This is a Texas Tort Claims Act (“TTCA”) case where the Dallas Court of Appeals reversed the denial of Parkland’s plea to the jurisdiction and dismissed the claims. Plaintiff Bravo visited […]

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

Amarillo Court of Appeals holds Texas Attorney General immune from County’s claims regarding conceal handgun signs

Ken Paxton, Texas Attorney General v. Waller County Texas; et al, 07-20-00297-CV, (Tex. App – Amarillo, March 4, 2021) This is a conceal/carry notice case where the Amarillo Court of Appeals reversed the denial of the Texas Attorney General’s plea to the jurisdiction and dismissed the case. The Waller County Courthouse has a sign noting […]

Constitutional Challenge, Mandamus, Separation of Powers

Texas Supreme Court holds ordinance initiative ballot language is misleading because it did not account for exceptions

  In Re: Linda Durnin, et. al, 21-0170 (Tex. March 2, 2021) This is an original proceeding mandamus action where the Texas Supreme Court held petitioners were entitled to mandamus to make sure the City Council’s ballot language properly complied with the intent of the citizen-initiated petition to adopt an ordinance. Petitioners brought an initiative […]

Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, TOMA

Dallas Court of Appeals holds Plaintiffs failed to challenge all grounds on which dismissal could have been granted; therefore dismissal is affirmed

Chris Carter and Karen Pieroni v. Dallas City Plan Commission and City of Dallas, 05-20-00190-CV, (Tex. App – Dallas, March 1, 2021) This is a Confederate monument case where the Dallas Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. After a Confederate monument was originally scheduled for removal from a […]

Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Sovereign Immunity

13th Court of Appeals holds remainder of employment contract was consequential damages, not amounts due and owed, therefore no waiver of immunity exists for breach

Edinburg Housing Authority, Dr. Martin Castillo, Gabriel Salinas, Simon Garza, Marissa Chavana, and Juan Guzman v. Rodolfo Ramirez, 13-19-00269-CV, (Tex. App – Corpus Christi Feb. 25, 2021) This is an interlocutory appeal from the denial of a housing authority’s motion to dismiss on jurisdictional grounds in an employment dispute. The Corpus Christi Court of Appeals […]

Discrimination, Employment Law, Sovereign Immunity

An employer cannot discriminate against an individual based on their intent to become pregnant

Special contributing author Laura Mueller, City Attorney for Dripping Springs South Texas College v. Arriola, No. 12-19-00222-CV (Tex. App.—Corpus Christi  Feb, 2021). In this appeal from a trial court’s holding that being able to become pregnant is a protected class under the Texas Commission on Human Rights Act (TCHRA), the 13th Court of Appeals affirmed […]

Litigation, Procedure, Sovereign Immunity, TTCA

Austin Court of Appeals holds City’s diligent search established no actual knowledge of premise defect, therefore no waiver of immunity exists

City of Austin v Brandy Credeur, 03-19-00358-CV (Tex. App. – Austin, February 11, 2021) This is a premise defect case where the Austin Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the case. Credeur was injured when she fell walking along a city sidewalk in front of private […]

Employment Law, Litigation, Procedure

Plaintiff must prove the TWC’s decision is unreasonable, arbitrary, and capricious to overturn a denial of unemployment benefits. 

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Van Deelen v. Tex. Workforce Comm’n, No. 14-18-00489-CV (Tex. App.—Houston [14th]  January 26, 2021) (mem. op.). In this appeal from a trial court’s judgment granting the TWC’s summary judgment motion on an unemployment benefits case, the 14th Court of Appeals affirmed the trial court’s […]

Contracts, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity

Dallas Court of Appeals holds City waived immunity in lease agreement for use of soccer fields in exchange for upgrades and maintenance

City of McKinney, Texas v. KLA International Sports Management, LLC, 05-20-00659-CV, (Tex. App – Dallas, Feb. 4, 2021) This is a contractual immunity case where the Dallas Court of Appeals held the City’s immunity was waived. KLA, a private sports management company and the City signed a non-exclusive revocable license agreement on December 18, 2018, […]

Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Procedure, Takings

Property owner not entitled to de novo review of nuisance determination says Austin Court of Appeals

Mark Groba v. The City of Taylor, Texas, 03-19-00365-CV (Tex. App. – Austin, Feb. 3, 2021) In this nuisance abatement case, the Austin Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Groba, a real property owner, was subject to an enforcement action in the Municipal Court of Taylor, acting in […]