DA allegedly terminated for refusing to withhold exculpatory evidence cannot bring Sabine Pilot cause of action

  Hillman v Nueces County, et al., 17-0588 (Tex. March 15, 2019) This is an employment related suit where the Texas Supreme Court held the County was immune from a suit brought by a former assistant district attorney Hillman, a former assistant district attorney, filed suit alleging that the County wrongfully terminated his employment because […]

Texas Supreme Court holds specific performance is available remedy under waiver of immunity for certain contracts

Hays Street Bridge Restoration Group v City of San Antonio, 17-0423 (Tex. March 15, 2019) This is a breach of contract case where the Texas Supreme Court held the waiver of immunity found in TEX. LOC. GOV’T CODE §§ 271.151–.160 (as it existed at the time the contract was executed) also applied to specific performance. […]

City Manager’s change to policy manual is not a unilateral employment contract, says Texas Supreme Court

City of Denton v Brian Rushing, et al, 17-0336 (Tex. March 15, 2019) This is an interlocutory appeal from an order denying a plea to the jurisdiction in a breach of contract case. The Texas Supreme Court reversed the denial and dismissed the case. Rushing, Patterson and Marshall were employees of the Denton Utilities Department. […]

Texas Open Meetings Act section held unconstitutional by Texas Court of Criminal Appeals

State of Texas v Craig Doyal, PD-0254-18 (Tex. Crim. App. – February 27, 2019) In this criminal case, the Texas Court of Criminal Appeals held unconstitutional the provision of the Texas Open Meetings Act (“TOMA”) regarding circumventing the Act by meeting in numbers of less than a quorum. The Montgomery County judge, a member of […]

No waiver of immunity exists for lost profits under §271.152 says 13th Court of Appeals

La Joya Indep. School Dist. v. Alberto Trevino et al., 13-17-00333-CV (Tex. App. – Corpus Christi, February 14, 2019) This is a breach of contract case where the 13th Court of Appeals reversed the denial of the school district’s plea to the jurisdiction and dismissed the case. Pursuant to a written agreement between Trevino (an […]

Texas Supreme Court holds attorney-client privilege applies even when client acts as its own expert

  In Re: City of Dickinson, 17-0020 (Tex. February 15, 2019) This is a mandamus action of primary interest to litigators where the Texas Supreme Court held the attorney/client privilege protects expert testimony when the client is also the expert. The City of Dickinson purchased a commercial windstorm policy from Texas Windstorm Insurance Association. In […]

14th Court of Appeals holds $25 finance charge on criminal fines is facially unconstitutional

Devlon Johnson v State of Texas, 14-18-00273-CR (Tex. App. – Houston [14th Dist.], February 5, 2019, no pet. h.) In this criminal case, the 14th Court of Appeals held facially unconstitutional a provision of the Texas Local Government Code regarding the amount of court fees that a criminal defendant can be required to pay upon […]

14th Court of Appeals holds immunity is waived for refund of penalties and interest paid on delinquent taxes only if taxpayer requested waiver within 180 days

  Harris County, et al. v. Falcon Hunter, LLC, 14-18-00247-CV (Tex. App. – Houston [14th Dist.], February 7, 2019). This is a delinquent tax case in which the taxpayer company, Falcon Hunter, LLC. (Falcon), sued for a refund of penalties and interest paid.  The 14th Court of Appeals reversed the denial of the taxing entities’ […]

13th Court of Appeals holds City entitled to damages for breach of contract claims against water treatment and distribution facility

  Kempner Water Supply Corp. v. City of Lampasas, Texas, 13-17-00047-CV (Tex. App. Corpus Christi, January 31, 2019) This is a breach of contract case for water treatment where the Corpus Christi Court of Appeals held as a matter of law the City was entitled to damages in its breach of contract claim, but remanded […]

Texas Supreme Court holds election contest moot, but trial court was still in error when it awarded sanctions

Laura Pressley v Geregorio Casar, 17-0052 (Tex. January 25, 2019) This is an election contest case for a city council seat where the losing party and her attorney were sanctioned for bringing a frivolous claim. The Texas Supreme Court reversed the award of sanctions and dismissed the case as currently moot. Gregorio Casar and Laura […]