Under PIA common-law privacy only applies to a person’s private affairs, not events related to discrimination charges

Stetson Roane v. Ken Paxton, Attorney General of Texas; and Seguin Independent School District, 14-18-00264-CV, (Tex App – Hou [14th dist.], Jan 28, 2020) This is a Public Information Act (“PIA”) lawsuit where the Fourteenth Court of Appeals agreed with the Attorney General that certain records must be released. Roane served as superintendent of the […]

Trial court’s denial of plea after evidentiary hearing was proper given the trial court decides disputed facts unrelated to merits of underlying claims

City of San Antonio v. Pedro J. Arciniega, 04-19-00467-CV, (Tex. App – San Antonio, Jan 15, 2020) This is an employment discrimination case where the San Antonio Court of Appeals affirmed the denial of the City’s plea to the jurisdiction. Arciniega sued the City alleging a claim for age discrimination after his employment was terminated. […]

City allowed to appeal civil service order since hearing examiner performed her own Internet search on medication side-effects

City of Fort Worth v. Shea O’Neill, 02-18-00131-CV (Tex. App. – Fort Worth, Jan. 23, 2020). The Fort Worth Court of Appeals reversed-in-part and affirmed-in-part a trial court order regarding whether the court had jurisdiction over an appeal from a hearing examiner’s decision under the Civil Service Act. Shea O’Neill was indefinitely suspended as a […]

Knowledge of a hypothetical hazard is insufficient to waive immunity under the TTCA for premise defects says 1st Court of Appeals

The City of Houston v. Bobby Terry, 01-19-00197-CV (Tex. App. – Houston [1st Dist.], Jan. 23, 2020). This is a Texas Tort Claim Act (TTCA) case where the First District Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the case. Terry was electrocuted while performing maintenance on a […]

Fort Worth Court says under premise defect claim plaintiff paid for use of the property even though she was using public sidewalk

The City of Fort Worth, Texas v. Dianne Posey, 02-19-00351-CV, (Tex. App – Fort Worth, Jan. 16, 2020) This is a premise liability/Texas Tort Claims Act (TTCA) case where the Fort Worth Court of Appeals held a fact question exists as to Posey’s payment for use of the premises so the plea to the jurisdiction […]

Fort Worth Court of Appeals holds no waiver of immunity for declaratory judgment relief against county for competitive bidding violation

Tarrant County, Texas v. Jeffrey D. Lerner, 02-19-00330-CV, (Tex. App – Fort Worth, Jan. 9, 2020) This is a declaratory judgment/immunity case where the Fort Worth Court of Appeals held the County retained immunity for declaratory claims alleging violations of the competitive bidding statute. The County had a contract with Dispute Resolution Services of North […]

No waiver of immunity when non-profit sues to invalidate transfer of real property to city

City of Houston and Keith W. Wade v. Hope for Families, Inc, 01-18-00795-CV, (Tex. App – Houston [1st Dist.], Jan. 9, 2020) This is a governmental immunity case where the First  Court of Appeals held the contracting non-profit did not establish a waiver of immunity. Hope for Families, Inc. (HFF) acquired the property for a […]

4th Court of Appeals holds city vendor’s fair maybe proprietary function so trial court properly denied plea to the jurisdiction

City of Helotes v. Jean Marie Page, 04-19-00437-CV, (Tex. App – San Antonio, Dec. 18, 2019) This is an interlocutory appeal from the denial of the City’s plea to the jurisdiction in which San Antonio Court of Appeals held the Plaintiff’s injuries were caused during the performance of a potential proprietary function. A City employee […]

U.S. Supreme Court remands statutory campaign limit case noting court of appeals upheld it under the wrong analysis

Thompson v. Hebdon, 140 S. Ct. 348 (2019) In this case, the U.S. Supreme Court held the court of appeals improperly analyzed Alaska’s statute limiting political contributions as constitutional. Alaska law limits the amount an individual can contribute to a candidate for political office, or to an election-oriented group other than a political party, to […]