Ruth Torres v. Dallas/Ft Worth International Airport et. al, 05-18-00675-CV (Tex. App. — Dallas, August, 29, 2019). This is a breach of contract case where the Dallas Court of Appeals held the trial court was without jurisdiction to hear the claims. Torres was to provide human resources consulting services to Pursuit of Excellence (POE), a […]
Robert Brown, III v City of Austin, 03-19-00035-CV (Tex. App. – Austin, August 29, 2019). This is a Public Information Act (PIA) case where the Austin Court of Appeals dismissed a petition for writ of mandamus to compel production of two police reports. Brown was arrested and subsequently filed a PIA request for the offense […]
The City of San Antonio v. Elena Herrera, 04-18-00881-CV (San Antonio, Aug. 21, 2019) This is a Texas Tort Claims Act (TTCA) case where the San Antonio Court of Appeals held the painting of a ramp and curb specific non-contrasting colors was a discretionary function, entitling the City to retain immunity. Herrera fell in a […]
San Jacinto River Authority v. Ken Paxton, 03-18-00 547-CV (Austin, Aug. 22. 2019) This is the Public Information Act (PIA) case where the Austin Court of Appeals held an entity must file suit to appeal an AG opinion within the jurisdictional time limit. San Jacinto River Authority (SJRA) received PIA requests from McFarland and Fuchs […]
The Town of Flower Mound, Texas, et al. v. EagleRidge Operating, LLC, 02-18-00392-CV, (Fort Worth, Aug. 22, 2019) This is an interlocutor appeal in a temporary injunction case where the Fort Worth Court of Appeals held the zoning restriction on oil/gas equipment at issue was a penal statute and no vested property right existed, depriving […]
City of Dallas v. Rosa Rodriguez, 05-19-00045-CV, (Tex. App. – Dallas Texas, August 7, 2019) In this Texas Tort Claims Act (“TTCA”)/motor vehicle accident/emergency responder case, the Dallas Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the case. Rodriguez was injured when a Dallas police officer disregarded a […]
Wise County, et al v. Katherine Mastropiero, 02-18-00378-CV (Tex. App. – Fort Worth, August 9, 2019) In this case, the Fort Worth Court of Appeals held that the district court had jurisdiction to hear a property owner’s claims the County must maintain roads in her subdivision. Mastropiero (the developer) began to develop Prairie View Estates, […]
Keller v. Fleming, 18-60081(5th Cir. July 23, 2019) In this §1983 case, the U.S. 5th Circuit reversed the denial of an officer’s qualified immunity defense for a state-created-danger claim but affirmed denial based on unlawful arrest claims. Gerald Simpson was struck and killed by a motor vehicle as he walked along a Mississippi highway in […]
THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER v. LANCE MCKENZIE, 17-0730 (June 28, 2019) This is a Texas Tort Claims Act (TTCA)/tangible personal property case in which the Texas Supreme Court affirmed the denial of the district’s plea to the jurisdiction for its use of a carrier agent during surgery. Cortney McKenzie-True began treatment […]
Jon E. Jacks v. The Zoning Board of Adjustment of the City of Bryan 07-18-00174-CV (Tex. App. – Amarillo, July 9, 2019) This is a board of adjustment appeal/vested rights case where the Seventh Court of Appeals upheld the Zoning Board of Adjustment’s motion for summary judgment. Jacks purchased a piece of property in a […]