Walter Zawislak, MD v. Texas Medical Board, 03-17-00523-CV (Tex. App. – Austin, January 25, 2019). This is a Texas Tort Claims Act (TTCA) case where the Austin Court of Appeals affirmed the granting of a plea to the jurisdiction by the Texas Medical Board (TMB), involving the use of an expert for testimony in a […]
In re: Linda Pool, 03-18-00299-CV (Tex. App. – Austin, January 23, 2019) This is a mandamus case where the Austin Court of Appeals conditionally granted the writ requiring a county court-at-law to hold a jury trial on a dangerous dog determination appeal. Pool owns a dog named Pepper, who allegedly attacked a jogger named Hoffman. […]
City of Tyler v. Liberty Utilities (Tall Timbers Sewer) Corp., 01-17-00745-CV (Tex. App. – Houston [1st Dist.], December 20, 2018) This is a declaratory judgment case where the First District Court of Appeals in Houston held a provision of the Texas Water Code unconstitutional. Liberty Utilities (Tall Timbers Sewer) Corporation provides retail sewer utility service […]
Metropolitan Transit Authority of Harris County, Texas v. Terry Smith 14-17-00807-CV (Tex, App. – Houston, [14th Dist.] Dec. 11, 2018) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Tort Claims Act/negligent use of tangible property case where the Fourteenth Court of Appeals affirmed the denial. Houston […]
The governing body can regulate sewers and privies (Tex. Health & Safety Code Ann. § 342.002); trash, rubbish, filth, carrion, or other impure or unwholesome matter (Tex. Health & Safety Code Ann. § 342.003); weeds, brush, and nuisance level vegetation (Tex. Health & Safety Code Ann. § 342.004). It can adopt criminal ((Tex. Health & […]
Leticia Perez v. Cameron County and Juan A. Gonzalez 13-17-00581-CV (Tex. App. – Corpus Christi & Edinburg, November 15, 2018). This is a Texas Whistleblower Act case where the Thirteenth Court of Appeals reversed and remanded the order granting the County’s plea to the jurisdiction. Perez worked as a deputy clerk in the Cameron County […]
Jefferson County, Texas v. Luis Fernando Martinez Reyes, 09-18-00236-CV (Tex. App. – Beaumont, November 15, 2018). This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case where the Beaumont Court of Appeals reversed the denial of the County’s plea to the jurisdiction based on formal written notice and dismissed the claims. Reyes asserts a County […]
City retains immunity for accident after changing traffic signal timing says Austin Court of Appeals
City of Killeen v. Mary Cheney, Surviving Spouse of Decedent Eric Cheney, 03-18-00139-CV (Tex. App. – Austin, Nov. 8, 2018). This is an interlocutory appeal from the denial of the City’s plea to the jurisdiction regarding a Texas Tort Claims Act (“TTCA”)/vehicle accident case where the Austin Court of Appeals reversed the denial and dismissed […]
City of Mason v. William Robin Lee, et al. 04-18-00275-CV (Tex. App. – San Antonio, Nov. 7, 2018). This is an interlocutory appeal in a regulatory takings case where the Fourth Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the takings claims. The Zeschs’ trust asserted they owned […]
Three Expo Events, LLC v City of Dallas, 17-10632 (5th Cir. October 24, 2018). This is a First Amendment case involving a sex convention where the U.S. 5th Circuit reversed an order granting the City’s motion to dismiss. Three Expo Events, L.L.C. (Three Expo), produces adult love- and sex-themed conventions in major cities of the […]