Agency, Discrimination, Employment Law, Litigation, Procedure, Retaliation

14th Court of Appeals holds employee does not have to file TWC charge of retaliation if the employee asserts retaliation for filing discrimination charge

Metropolitan Transit Authority of Harris County, Texas v. Viola M. Douglas 14-17-00176-CV (Tex. App— Houston [14th Dist.] February 27, 2018) This is an employment discrimination and retaliation case where the 14th District Court of Appeals affirmed the denial of the employer’s plea to the jurisdiction. Douglas is a lieutenant with the Metro Police Department (“Metro”). […]

Litigation, Procedure, Sovereign Immunity, TTCA

Beaumont Court of Appeals holds incident report of inmate injury due to power tools was insufficient to establish actual knowledge under TTCA

Texas Department of Criminal Justice v. Neftali Cisneros 09-17-00161-CV (Tex. App– Beaumont March 1, 2018) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Tort Claims Act (“TTCA”) case, where the Beaumont Court of Appeals reversed the denial and ruled in favor of the Texas Department of […]

Litigation, Sovereign Immunity, TTCA

Dallas Court of Appeals upholds jury verdict holding circumstantial evidence can establish actual knowledge of a dangerous condition

Texas Department of Transportation v. Brian Milton 05-16-00955-CV (Tex. App—- Dallas, February 14, 2018) This is a premise defect case against the Texas Department of Transportation (“TxDOT”)  where the Dallas Court of Appeals affirmed a jury verdict against TxDOT. Milton, a motorcyclist, was injured in a single-vehicle accident on FM Road 148. Milton asserts his […]

Declaratory Judgments, Litigation, Procedure, Sovereign Immunity, Ultra Vires

State immune from suit asserting failure to follow forfeiture procedures

The State of Texas v. Antonio Menchaca Jr. and Perla Nevarez 13-16-00602-CV (Tex. App– Corpus Christi February 15, 2018) This is an interlocutory appeal from the denial of a plea to the jurisdiction where the 13th Court of Appeals reversed the denial and rendered in favor of the State. A Cameron County District Attorney’s Office […]

Litigation, Procedure, TTCA

Filing a timely motion for new trial under the wrong cause number still invoked extended deadline for notice of appeal

Fort Bend County v. Melissa Ann Norsworthy, et al. 14-17-00633-CV (Tex. App— Houston [14th Dist.] February 15, 2018) This is an appellate procedure case of interest mainly to litigators. The opinion is based on Fort Bend County’s motion to consolidate two appeals. In a wrongful death/Texas Tort Claims Act case, Fort Bend County was sued by […]

Declaratory Judgments, Injunction, Mandamus, PIA, Ultra Vires

City did not act in bad faith under PIA in cost estimate calculation; City established it produced all records discovered

Mark Rines v. City of Carrollton 05-15-01321-CV (Tex. App—Dallas, February 13, 2018) This is a Texas Public Information Act (“PIA”) case where the Dallas Court of Appeals affirmed the trial courts order dismissing the Requestor’s lawsuit. [Comment: this case is a rare one which also deals with cost estimates and allegations of overcharging.] Rines, the […]

Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit remands excessive force case holding fact question exists as to whether suspect who died during arrest was resisting or not

Darden v. City of Fort Worth, 16-11244, — F3d. –, 2018 WL 525640 (5th Circ. January 24, 2018) This is a §1983/excessive force/ wrongful death case where the U.S. 5th Circuit Court of Appeals reversed a trial court order granting the officers’ and City’ summary judgment. Fort Worth Police Officers W.F. Snow and Javier Romero […]

Agency, Contracts, Declaratory Judgments, Finance, Preemption, Public Works

Home-rule city’s franchise contract and right-of-way ordinance trumps pro-forma provision in a tariff, so utility must bear costs of relocation

City of Richardson v Oncor Electric Delivery Company, LLC, 15-1008 (Tex. February 2, 2018) This case involves a dispute between a city and a utility over who must pay relocation costs to accommodate changes to public rights-of-way. The City of Richardson (“City”) negotiated a franchise agreement with Oncor Electric Delivery Company LLC, (“Oncor”)  requiring Oncor […]

Sovereign Immunity, TTCA

Failure to drive school bus to hospital instead of waiting for ambulance to assists non-responsive child is a non-use of property, which does not waive immunity says Beaumont Court of Appeals.

Nathan Delameter et. al, v. Beaumont Independent School District (Tex. App — Beaumont, February 1, 2017) This is a wrongful death/Texas Tort Claims Act case where the Beaumont Court of Appeals affirmed the granting of the school district’s plea to the jurisdiction. A disabled/wheelchair bound child was receiving therapy while attending school in the Beaumont […]

Litigation, Mandamus, PIA

Under PIA, school could reasonably anticipate litigation even though it was given only a “conditional” threat of suit

Appellant, B. W. B.// Cross-Appellant, Eanes Independent School District v. Appellee, Eanes Independent School District// Cross-Appellee, B. W. B.  03-16-00710-CV (Tex. App — Austin, January 10, 2018) This is a Public Information Act (“PIA”) and mandamus action where the Austin Court of Appeals affirmed the order granting in part the school’s motion for summary judgment […]