Agency, Sovereign Immunity

Texas Supreme Court holds contractor entitled to derivative immunity for conspiracy claims, but not fraud claims

GTECH Corp v. Steele, et al, 18-0158 (Tex. June 12, 2020). In this case, the Texas Supreme Court held a contractor providing certain functions of the Texas Lottery Commission was not entitled to derivative sovereign immunity. GTECH provided instant ticket manufacturing and services to the Texas Lottery Commission.  GTECH was sued by multiple plaintiffs (in […]

Agency, Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Procedure, Sec. 1983, Sovereign Immunity, Structural Standards, Tax, TOMA, Zoning

BOA appeal deadline of 10 days applies to Open Meetings, declaratory judgment, and as-applied constitutional claims, holds Dallas Court of Appeals

Tejas Motel, LLC v City of Mesquite, by and through its Board of Adjustment, 05-19-00667-CV (Tex. Civ. App. – Dallas, June 4, 2020). This is an appeal from a Board of Adjustment decision regarding non-conforming status in which the Dallas Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. The City […]

Declaratory Judgments, Litigation

The Uniform Declaratory Judgment Act not allowed where plat does not show ownership interest to establish standing

Korr, LLC. v. County of Gaines, No. 11-18-00130-CV (Tex.App.– Eastland May 29, 2020) (mem. op.). [Special guest summary author Laura Mueller, City Attorney for Dripping Springs, Texas]  The case involves a claim under the Uniform Declaratory Judgment Act (UDJA) for an interpretation of a county regulation dealing with plats.  The court of appeals held that […]

Employment Law

Proof of allowing the provision of alcohol to a minor in an officer’s presence is sufficient for a general discharge on an F-5 termination report

McCall v. Hays County Constable Precinct Three, No. 03-18-00355-CV (Tex. App.–Austin May 21, 2020) (mem.op.). [Special guest summary author Laura Mueller, City Attorney for Dripping Springs, Texas] The case involves an appeal from an Administrative Law Judge (ALJ) ’s order sustaining an F-5 termination report issued by Hays County.  The court of appeals held that […]

Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

Possible suspension of officer’s license does not toll the statute of limitations for Sec. 1983 claims against an officer

Haule  v.  Travis County and Spinner, No.  03-19-00250-CV (Tex.App.–Austin May 28, 2020) (mem. op.). [Special guest summary author Laura Mueller, City Attorney for Dripping Springs, Texas] This case involves claims under §1983 and state law claims based on Haule’s attempt to report a crime to Travis County Officer Michael Spinner.  The court of appeals held […]

Litigation, Sovereign Immunity, TTCA

Slowing and visually observing stopped traffic was not reckless action for purposes of emergency responder doctrine of TTCA

City of Kingsville v Dominguez, 13-19-00236-CV (May 28, 2020) This is a motor vehicle accident case under the Texas Tort Claims Act (TTCA) where the Corpus Christi Court of Appeals reversed the denial of a plea to the jurisdiction and dismissed the plaintiff’s claims. Dominguez alleged that Oscar Mendiola, while operating a City fire truck, […]

Declaratory Judgments, Injunction, Mandamus

Texas Supreme Court holds a lack of immunity for coronavirus is not a “disability” for purposes of mail-in election ballots

In re State of Texas, 20-0394 (Tex. May 27, 2020) This is a mail-in ballot case. The great folks at the Texas Municipal League already summarized this case, and I try not to duplicate any summaries they beat me to. Their summary is found here and was issued May 28, 2020. However, since not everyone […]

Constitutional Challenge, Sec. 1983

U.S. 5th Circuit holds statute of limitations was not jurisdictional, but trial judge should have reviewed matters raised at pretrial hearing under MSJ standards and dismissed the claims

Bradley v. Sheriff’s Department St. Landry Parish, 18-30600, (US 5th Cir – May 7, 2020) This is a §1983/malicious prosecution case where the U.S. 5th Circuit dismissed a defendant’s claims against the law enforcement and related officials who prosecuted him. Bradley was arrested and charged with conspiracy to commit armed robbery.  He was arrested and […]

Contracts, Declaratory Judgments, Sovereign Immunity

Texas Supreme Court holds immunity waived for arbitration clauses, but only a court can decide the immunity question

San Antonio River Authority v Austin Bridge & Road, L.P., 17-0905 (Tex. May 1, 2020) In this construction contract dispute, the Texas Supreme Court held Chapter 271 of the Texas Local Government Code waives immunity for arbitration clauses. The San Antonio River Authority (“Authority”) hired Austin Bridge and Road L.P. (“ABR”) to perform repairs of […]

Employment Law, Sovereign Immunity, Whistleblower

Texas Supreme Court holds 90-day statute of limitations is a jurisdictional prerequisite to filing suit under Texas Whistleblower Act

City of Madisonville, et al., v Sims, 18-1047 (Tex. April 17, 2020) This is a Texas Whistleblower Act case where the Texas Supreme Court held the 90-day deadline for filing suit is jurisdictional. David Sims was a police officer in the Madisonville Police Department. Sims received information that his boss, Sergeant Jeffrey Covington, planned to […]