Contracts, Sovereign Immunity

Former City Manager properly alleged breach of contract under Chapter even though the actual contract document was not presented to the city council.

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Port Isabel v. Edward Meza,  No. 13-19-00070-CV, 2020 WL 3786249 (Tex. App.—Corpus Christi July 2, 2020) (mem. op.). This is a breach of contract case where the Corpus Christi Court of Appeals affirmed the denial of the  City’s plea to the jurisdiction. Edward […]

Contracts, Litigation, Procedure

County properly supported summary judgment affidavits to establish breach of contract claim against garbage franchise holder

Hernandez v County of Zapata, 04-19-00507-CV  (Tex. App. – San Antonino, July 8, 2020). This is a breach of contract/garbage collection case where the San Antonio Court of Appeals upheld an order granting the County’s summary judgment against Hernandez. The County of Zapata and Hernandez entered into a one-year written contract, granting Hernandez an exclusive […]

Litigation, TTCA

Failure to use an x-ray machine in the right body area to locate a missing sponge constitutes the misuse of tangible personal property under TTCA

Special contributing author Laura Mueller, City Attorney for Dripping Springs Univ. of Tex. Sw. Med. Ctr. V. Rhoades, No. 05-19-00445-CV (Tex. App.—Dallas June 30, 2020). This is a medical negligence case brought under the Texas Tort Claims Act (TTCA) filed after a sponge was left inside Plaintiff Rhoades during surgery.  The Dallas Court of Appeals […]

Contracts, Sovereign Immunity

Corpus Christi Court of Appeals holds recovery in breach of contract case under Chapter 271 waiver of immunity dependent on contract definition of “owner” – attorney’s fees are recoverable for any contract covered by Chapter 271 waiver.

Special guest author Laura Mueller, City Attorney of Dripping Springs City of Corpus Christi v. Graham Constr. Servs., Inc., 2020 WL 3478661, No. 13-19-00367-CV (Tex. App.—Corpus Christi June 25, 2020) (mem. op.). This is a breach of contract claim under Chapter 271 of the Local Government Code involving a wastewater plant replacement project where the […]

Agency, Declaratory Judgments, Litigation, PIA

Austin Court of Appeals holds junior college could not withhold school transcripts of two employees under the Texas Public Information Act

Del Mar College District v Ken Paxton, 03-19-00094-CV (Tex. App. – Austin, July 1, 2020) This is a Texas Public Information Act (“PIA”) case where the Austin Court of Appeals affirmed an order requiring the release of certain information possessed by the college district. The Del Mar College District (“District”), a junior college district,  received […]

Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds TTCA waives immunity for slight negligence claims, which applies to common carriers (buses) and imposes a higher degree of care for passengers

VIA Metropolitan Transit v Curtis Meck, 18-0458 (Tex. June 26, 2020) This is a Texas Tort Claims Act (TTCA) case involving a VIA bus accident where the Texas Supreme Court affirmed a jury award against VIA. VIA Metropolitan Transit is a governmental entity that operates public transportation services in San Antonio and Bexar County. Curtis […]

Sovereign Immunity, TTCA

Paying for train ticket is not the same as paying for use of train station under TTCA premise defect claim says 5th Court of Appeals

Special guest author Laura Mueller, City Attorney for Dripping Springs City of Dallas v. Kennedy, No. 05-19-01299-CV (Tex. App.—Dallas June 13, 2020) (mem. op.) This is a slip and fall/Texas Tort Claims Act (“TTCA”) case where the Dallas Court of Appeals reversed and rendered on the trial court’s denial of the City’s plea to the […]

Employment Law, Whistleblower

Whistleblower Act report qualified even though the chief already knew about the alleged regarding the violation of law.

Special Guest Author, Laura Mueller. City of Fort Worth v. Pridgen, et al., No. 05-18-00652-CV (Tex. App.—Dallas June 18, 2020) (mem. op.). This is a Whistleblower Case (Texas Government Code Chapter 554) where the Dallas Court of Appeals affirmed the trial court’s denial of the city’s plea to the jurisdiction. In a well-publicized, police use […]

Litigation, TTCA

San Antonio Court of Appeals holds because officer’s affidavit was too sparse to establish a proper lookout trial court properly denied the plea to the jurisdiction

City of San Antonio v Huron, 04-19-00570-CV (Tex. App. – San Antonio, June 11, 2020) This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case where the San Antonio Court of Appeals affirmed the denial of the City’s plea to the jurisdiction. David L. Arredondo was struck and killed by a San Antonio Police Department […]

Declaratory Judgments, Injunction, Litigation, Vested Rigths

Austin Court of Appeals holds no vested rights for zoning changes related to square foot of use ratio

River City Partners, Ltd. V City of Austin, 03-19-00253-CV (Tex. App. —  Austin, June 4, 2020). This is a vested rights/Chapter 245 challenge suit where the Austin Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. In 1986, River City’s predecessor in title applied to rezone the property to the Community […]