Sovereign Immunity, TTCA

The First Court of Appeals held City EMS providers are “health care professionals” therefore claims related to emergency medical services must be brought as health care liability claims requiring expert reports.  

  Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Houston v. Shirley Houston, No. 01-19-00255-CV (Tex. App.—Houston [1st Dist.] August 25, 2020). In this medical negligence case, the plaintiff sued the City after being injured during her ambulance transport.  The Court held she had to bring a health care liability claim […]

Litigation, Procedure, Sovereign Immunity, TTCA

El Paso Court of Appeals holds under Texas Tort Claims Act that a proper jurisdictional analysis should “not involve a significant inquiry into the substance of the claims.”

City of El Paso, Texas v. Joanna Cangialosi, 08-19-00163-CV (Tex. App. – El Paso, Aug. 31, 2020). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Tort Claim Act (“TTCA”) automobile accident case. The El Paso Court of Appeals affirmed the denial. Cangialosi was approaching a red […]

Civil Service/Collective Bargaining, Discrimination, Employment Law, Retaliation, Sovereign Immunity

The First Court of Appeals to move forward with retaliation claim plaintiff must provide evidence of but-for causation

  Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Houston v. Kimberley R. Trimmer-Davis, No. 01-19-00088-CV (Tex. App.—Houston [1st Dist.] August 25, 2020) (mem. op.). In this employment retaliation case, the plaintiff sued the City when suspended after making a complaint and later terminated after failing to follow drug testing procedures.  […]

Constitutional Challenge, Declaratory Judgments, Injunction, Sec. 1983, Sovereign Immunity

Fort Worth Court of Appeals holds trial court lacked jurisdiction involving school district’s disciplinary decision

This is an interlocutory appeal from the denial of a plea to the jurisdiction filed by Northwest Independent School District. Plaintiffs sued Northwest ISD on behalf of their minor child, C.R., seeking a temporary restraining order and injunctive relief based on the violation of C.R.’s rights to freedom of speech, freedom of association, and procedural […]

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

Homeowners Association Had Standing to Sue Planning and Zoning Commission for Mandamus Relief

   Escalera Ranch Owners’ Ass’n, Inc. v. Schroeder, 07-19-00210-CV, 2020 WL 4772973 (Tex. App.—Amarillo Aug. 17, 2020, no pet. h.) This is an interlocutory appeal from the trial court’s order granting the plea to the jurisdiction. In April of 2018, the City of Georgetown’s Planning and Zoning Commission (“Commission”) approved a plat for a new […]

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

San Antonio Court of Appeals holds governmental immunity bars both suit and liability where the ‘only plausible remedy’ is invalidation of a government contract.

City of San Antonio v. Patrick Von Dohlen, et al., 04-20-00071-CV (Tex. App.—San Antonio Aug. 19, 2020)  This is an interlocutory appeal from the denial of a plea to the jurisdiction and Rule 91a motion to dismiss filed by the City of San Antonio. Plaintiffs Patrick Von Dohlen, Brian Greco, Kevin Jason Khattar, Michael Knuffke, […]

Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure

Corpus Christi Court of Appeals held that a plaintiff does not have standing to bring suit, or merit a temporary injunction, where the plaintiff has not alleged an injury distinct from the public at large.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Concerned Citizens of Palm Valley, Inc. v. City of Palm Valley, 13-20-00006-CV (Tex. App.—Corpus Christi, August 13, 2020) (mem.op.). In this taxpayer suit, the plaintiffs allege that the City is spending money on a private golf course in an unconstitutional manner, but the Court held […]

Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings

Beaumont Court of Appeals holds pro se Plaintiff did not establish entitlement to injunctive relief to prevent demolition of building

Rema Charles Wolf v. City of Port Arthur, 09-19-00047-CV, (Tex. App – Beaumont, Aug. 6, 2020) This is an interlocutory appeal from the denial of a temporary injunction request by a pro se property owner. Pro se Plaintiff Wolf sued the City seeking a temporary restraining order and temporary injunction relief asserting the City failed […]