Agency, Contracts, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Texas Supreme Court holds navigation district retains immunity from suit by State, but ultra vires claims against commissioners can proceed to trial

Chambers-Liberty Counties Navigation District, et al. vs. State of Texas, 17-0365 (Tex. May 10, 2019) This is an interlocutory appeal in a sovereign immunity/regulatory control case where the Texas Supreme Court held the Chambers-Liberty Counties Navigation District (“District”) retained immunity from suit against the claims brought by the State of Texas. However, the District’s commissioners […]

Litigation, Sovereign Immunity, TTCA

First District Court of Appeals holds proving patient tangible personal property does not waive immunity

The University of Texas MD Anderson Cancer Center v. Roger Contreras, 01-18-01046-CV (Tex. App – Houston [1st Dist.], May 7, 2019). In this Texas Tort Claims Act (TTCA) case the First District Court of Appeals held a medical facility does not waive its sovereign immunity by providing, furnishing, or allowing a patient to use tangible […]

Litigation, Procedure

Texas Supreme Court holds sanctions not applicable when a defendant is asked to deny a merit-preclusive RFA that the other party bears the burden of proof

Medina v Zuniga, 17-0498 (Tex. April 26, 2019) In this case, which will be primarily of interest to litigators, the Texas Supreme Court held the trial court abused its discretion when it awarded sanctions against a defendant who denied liability in discovery but conceded during trial. In the vehicle accident case, Medina exited a parking […]

Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Takings

Texas Supreme Court holds plaintiff in red-light challenge lawsuit was required to exhaust administrative remedies before filing for injunctive relief

Garcia v City of Willis, et al., 17-0713 (Tex. May 3, 2019) In this constitutional challenge to red-light camera case, the Texas Supreme Court held the plaintiff was required to exhaust administrative remedies before bringing his constitutional-takings claim. Luis Garcia sued the City of Willis on behalf of himself and “others similarly situated” who paid […]

Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds failure to engage a parking brake is the negligent “operation or use” of a vehicle under TTCA

Phi, Inc. v Texas Juvenile Justice Dept., 18-0099 (April 26, 2019) This is an interlocutory appeal in a Texas Tort Claims Act (TTCA) case where the Texas Supreme Court held jurisdiction exists to determine whether the failure to engage an emergency brake is the “operation or use” of a motor vehicle. Phi, Inc. owed a […]

Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds decision to allow erosion of riverbed to remain is discretionary, thereby preserving immunity under TTCA

Tarrant Regional Water District v Johnson, et al., 17-0095 (Tex. April 12, 2019) This is a Texas Tort Claims Act (TTCA) case where the Texas Supreme Court held no waiver of immunity exists for the wrongful death action against the Tarrant Regional Water District (District). Brandy Johnson, while five months pregnant, attempted to cross the […]

Agency, Declaratory Judgments, PIA

Texas Supreme Court holds entity not required to show risk of harm to a specific individual in order to except records from PIA release

Texas Department of Criminal Justice v Levin, 17-0552 (Tex. April 12, 2019) This is a Public Information Act (PIA) case in which the Texas Supreme Court held the PIA must yield to protecting information that, if released, would create a substantial threat of physical harm to the source’s employees and others. The Levin plaintiffs (Levin) […]

Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Procedure, TOMA

13th Court of Appeals holds building and standards commission order was final, so could not be collaterally attacked under TOMA

Harker Heights Condominiums, LLC v. City of Harker Heights, Texas, 13-17-00234-CV (Tex. App. – Corpus Christi, March 28, 2019). In this case the 13th Court of Appeals affirmed the granting of the City of Harker Heights’ plea to the jurisdiction dismissing a claim for injunctive relief to prevent the demolition of a building. Harker Heights […]

Agency, Contracts, Sovereign Immunity, TTCA

Fort Worth Court of Appeals hold EDC is not a governmental unit for immunity and contract purposes

Haltom City Economic Development Corporation v. Kent Flynn,  02-18-00145-CV, (Tex. App. – Fort Worth, March 21, 2019). This is a breach of contract case where the Fort Worth Court of appeals upheld the denial of an EDC’s plea to the jurisdiction. Haltom City Economic Development Corporation (HCEDC) and Flynn entered into an contract for services.  […]

Agency, Contracts, Declaratory Judgments, Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds Type B economic development corporations are not entitled to immunity for breach of contract claims

  Rosenberg Development Corp. v. Imperial Performing Arts, Inc., No. 17-0660 (Tex. – March 9, 2019). The Texas Supreme Court holds Type -B EDCs are not entitled to governmental immunity in breach of contract cases. Rosenberg Development Corporation (RDC) is a Type B economic development corporation created by the City of Rosenberg. RDC executed a […]