Contracts, Litigation, Sovereign Immunity

School district failed to establish unauthorized contract, even with TEA report declaring contract was executed in violation of procurement laws

Harlandale Independent School District v. Jasmine Engineering, Inc, 04-19-00638-CV, (Tex. App – San Antonio, March 11, 2020) This is a breach of contract/immunity case where the San Antonio Court of Appeals affirmed the denial of the school district’s plea to the jurisdiction. Harlandale Independent School District (the “District”) and  Jasmine Engineering, Inc. (“Jasmine”) entered into […]

Employment Law, Whistleblower

Nurse who reported believed violation of overtime restrictions to legal department deemed not to have reported to proper agency under Whistleblower Act

Erin Reding v. Lubbock County Hospital District d/b/a University Medical Center, 07-18-00313-CV, (Tex. App – Amarillo, March 18, 2020) This is a Texas Whistleblower Act case where the Amarillo Court of Appeals affirmed the granting of the hospital district’s plea to the jurisdiction. Reding is a registered nurse working for the Lubbock County Hospital District […]

Litigation, Procedure

Texas Supreme Court holds defendant entitled to designate responsible third-party even after statute of limitations expires

In re: Mobil Mini, Inc., 18-1200 (Tex. March 13, 2020) This is a mandamus case that will be of interest mainly to litigators. The Texas Supreme Court granted mandamus and ordered the trial court to allow the designation of a responsible third party even though the statute of limitations had expired. Covarrubias’s pinky finger was […]

Health and Safety, Litigation, TTCA

Property owner negated premise duty as a matter of law involving brown-recluse spider attack on invitee

Homer Hillis v Henry McCall, 18-1065 (Tex. March 13, 2020) This is a premises-liability case where the Texas Supreme Court ruled the property owner negated as a matter of law the duty to warn of the brown-recluse spider danger. While not a governmental liability case, the analysis of knowledge would be similar. Hillis owns a […]

Employment Law, Worker's Comp

Texas Supreme Court holds deputies travel home from approved extra-duty work at football game was within “course and scope” of employment for worker’s compensation purposes

Mary Orozco v County of El Paso, 17-0381(Tex. March 20, 2020) This is a worker’s compensation case, but the key issue is whether the deputy who died in a vehicular accident while driving his assigned patrol car, was in the course and scope of his employment.  The  Texas Supreme Court held he was within the […]

Constitutional Challenge, Litigation, Sovereign Immunity, Takings

13th Court of Appeals holds statute of limitations properly raised in plea to the jurisdiction and “damage” to real property is limited to two-year SOL

Danis Tucker and Beverly Tucker v. City of Corpus Christi, Texas, 13-18-00328-CV, (Tex. App – Corpus Christi, Feb. 27, 2020) This is a takings claim where the Corpus Christi Court of Appeals affirmed the granting of the City’s plea to the jurisdiction involving junked vehicles v antique vehicles. A City municipal court judge ordered that […]

Contracts, Declaratory Judgments, Public Works

Texas Supreme Court holds 1949 utility easements with “reconstruction” language means easements are general with no fixed width

Southwestern Electric Power Company v. Kenneth Lynch, Tommy Batchelor, and Twant Wilson, Texas, 18-0768, (Tex. – Feb. 28, 2020) This is a property/easement dispute where the Texas Supreme Court held a set of utility easements were general, with no fixed width, regardless of the historic use. In 1949, Southwestern Gas & Electric Company (Southwestern) acquired […]

Attorney Fees, Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

14th Court of Appeals reverses jury award in excessive force case against County, but upholds portion against deputy

Harris County, et al, v Coats, et.al, 14-17-00732-CV, (Tex. App. — Houston [14th Dist.], February 6, 2020) This is a § 1983/wrongful death case where the 14th Court of Appeals reversed in part a jury award against the County and its deputy. [Comment: this is a 49-page opinion]. Jamail and his girlfriend were using cocaine […]

Sovereign Immunity, TTCA

Texas Supreme Court holds supervisor’s order to use tear-gas gun was “use” under TTCA, but riot exception preserved immunity

Texas Dept. Crim. Justice v Cesar Rangel, 18-0721, (Tex. Feb. 7, 2020) This is a Texas Tort Claims Act (“TTCA”) case where the Texas Supreme Court held the Department of Criminal Justice (“Department”) retained immunity for hitting an inmate with a tear-gas shell. Two groups of inmates were threatening each other in  The Pam Lychner […]

Constitutional Challenge, Eminent Domain, Litigation, Takings

14th Court of Appeals holds flooded property owners’ claims lack jurisdiction in district court

San Jacinto River Authority v. Reba Ogletree, et al., 14-18-00043-CV, (Tex App – Hou [14th dist.], Jan 28, 2020) In this inverse condemnation case the Fourteenth Court of Appeals dismissed the homeowner’s claims for lack of jurisdiction. Homeowners, whose properties allegedly flooded when water was released from Lake Conroe in the aftermath of Hurricane Harvey, […]