Declaratory Judgments, Injunction, Official/Qualified Immunity, Religious Freedom, Sec. 1983, Sovereign Immunity

U.S. 5th Circuit adopts 1st Amendment unbridled discretion/prior-restraint standards in federal suit against Texas Governor

Freedom from Religion Foundation, Inc. v. Greg Abbott Governor of the State of Texas, 18-50610, (5th Cir – April 3, 2020) This is a First Amendment case regarding immunity and viewpoint discrimination where the U.S. 5th Circuit adopted a specific prior restraint test. The Texas State Preservation Board (“the Board”) is a state agency that […]

Declaratory Judgments, Mandamus, PIA

PIA case remanded because mayor and city secretary did not do a search of personal emails or phones for public business

James E. Horton v. Ron Welch, Individually and Ron Welch, as Mayor of the City of Caney City, Texas, 12-19-00381-CV, (Tex. App – Tyler, April 8, 2020) This is a Public Information Act (“PIA”) case where the Tyler Court of Appeals overruled an order granting the City and mayor’s summary judgment. [Comment: this case was […]

Litigation, Procedure, Sovereign Immunity

13th Court of Appeals holds it does not have interlocutory jurisdiction to hear 2nd motion which is nothing more than reconsideration of first plea to the jurisdiction

City of Elsa, Texas v. Jesse Diaz, 13-19-00109-CV, (Tex. App – Corpus Christi – Edinburg, April 2, 2020) This is an interlocutory appeal (2nd for the case) in a contractual immunity case where the 13th Court of Appeals held the City’s summary judgment was merely a motion to reconsider the already denied plea to the […]

Constitutional Challenge, Eminent Domain, Litigation, Sovereign Immunity, Takings

Eastland Court of Appeals holds conclusory statements in pleadings insufficient to plead jurisdiction – facts are needed to establish City had intent to commit a taking

  City of Albany v. Diana Christine Blue and Elva Rae Sanders, 11-18-00051-CV, (Tex. App – Eastland, April 2, 2020) This is an interlocutory appeal in a nuisance and inverse condemnation case where the Eastland court of appeals reversed the denial of the City’s plea to the jurisdiction.  It then remanded to allow the Plaintiffs […]

Contracts, Sovereign Immunity

Contractor properly complied with administrative dispute resolutions in contract, so properly exhausted administrative remedies holds Dallas Court of Appeals

  Dallas Area Rapid Transit Authority v. GLF Construction Company, 05-19-003930-CV, (Tex. App – Dallas, April 3, 2020) This is an interlocutory appeal in a contractual immunity case where the Dallas Court of Appeals affirmed the denial of DART’s plea to the jurisdiction. GLF and DART entered into a contract for GLF to built part […]

Constitutional Challenge

Eastland Court of Appeals holds violation of internal policies does not automatically equate to constitutional violation

John Doe v. University of North Texas Health Science Center, et. al., 02-19-00321-CV, (Tex. App – Fort Worth, April 2, 2020) This is a due process/due course of law case involving enrollment in medical school where the Fort Worth Court of Appeals affirmed the granting of the University’s plea to the jurisdiction. “John Doe” was […]

Civil Service/Collective Bargaining, Employment Law, FLSA

Lieutenants in civil service county not considered exempt employees for FLSA purposes says U.S. 5th Circuit

  Miller v Travis County, 19-50360, (US 5th Cir – March 26, 2020) This is a Fair Labor Standards Act (FLSA)/overtime case where the U.S. 5th Circuit held the County failed to establish the lieutenants in the Sheriff’s office were exempt employees. In the Travis County Sheriff’s department, the Sheriff is at the top. In […]

Contracts, Declaratory Judgments, Finance

Public entities which issue bonds can utilize Expedited Declaratory Judgment Act for validation of contract execution, but not compliance says Texas Supreme Court

City of Controe, et al, v San Jacinto River Authority, et al, 18-0989, (Tex. March 27, 2020) This is a case brought under the Expedited Declaratory Judgment Act (EDJA) involving proper compliance by the local government with bond requirements. The EDJA provides an “issuer” of “public securities” an expedited declaratory procedure to establish the “legality […]

Litigation, Procedure, Takings

First Court of Appeals holds service on pro se of MSJ via email address on file with court was proper service

Glenn Herbert Johnson v. Harris County, et al., 01-18-00783-CV, (Tex. App – Hou [1st Dist.], Feb. 27, 2020) This is an inverse condemnation case where the First Court of Appeals affirmed the granting the defendants’ motion for summary judgment. However, it will be of interest mostly to litigators as the central issue is proper service […]

Discrimination, Employment Law, Litigation, Retaliation

When alleged harasser was placed on restrictions, then restrictions were removed five months later, the fact the employer believed it did not have time to respond to subsequent complaint is irrelevant says El Paso Court of Appeals

  County of El Paso, Texas v. Monique Aguilar, 08-19-00082-CV, (Tex. App – El Paso, March 18, 2020) This is a gender discrimination/hostile work environment case where the El Paso Court of Appeals reversed-in-part and affirmed-in-part the denial of the County’s plea to the jurisdiction. [Comment: this is a 42-page opinion, so that is why […]