Contracts, Litigation, Procedure, Sovereign Immunity

DFW may have waived immunity regarding contract for credit-card fee analysis due to presence of “good faith” revision clause

Dallas/Fort Worth International Airport Board v. Vizant Technologies, LLC Formerly known as P.E. Systems, LLC (Tex. App— Dallas, December 15, 2017) This is a contractual immunity case where the Dallas Court of Appeals affirmed-in-part and denied-in-part the Airport Board’s plea to the jurisdiction. The Dallas/Fort Worth International Airport Board (“Board”) is a special purpose governmental […]

Litigation, Sovereign Immunity, TTCA

City immune from suit alleging negligent use of Vac Truck to clear blockage in sewer line

The City of The Colony, Texas v. Mark and Kim Rygh 02-17-00080-CV (Tex.App- Fort Worth, December 14, 2017) This is a Texas Tort Claims Act (“TTCA”), negligent operation of motor-driven equipment case where the Fort Worth Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the Plaintiff’s claims. The […]

Litigation, Procedure, Sovereign Immunity, TTCA

City and Officer who witnessed car accident immune from claims they “failed to protect and warn” of the impending collision

  Christopher Leron Clegg v. City of Fort Worth  02-17-00040-CV (Tex.App – Fort Worth, December 14, 2017) This is a Texas Tort Claims Act (“TTCA”) vehicle accident case where the Fort Worth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Madrigal’s car collided with Howell’s car when Madrigal ran a […]

Declaratory Judgments, Finance

U.S. 5th Circuit holds cities cannot use website service fee in calculating hotel occupancy taxes owed

  City of San Antonio v Hotels.com 16-50479 (5th Cir, November 29, 2017). This is a long and drawn out challenge by 173 municipalities as to the proper payment of hotel occupancy tax. For this appeal, the question was whether the service fee paid to an online hotel company (“OCT”), such as Travelocity, is included […]

Litigation, Procedure, Sovereign Immunity, TTCA

Texas Supreme Court holds a change in pleadings cannot defeat a sec. 101.106 motion to dismiss

University of Texas Health Science Center of Houston v Rios, 16-0836 (Tex. December 15, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving §101.106(e) where the Plaintiff sued both the entity and employees. The Texas Supreme Court held the employee’s right to “immediate dismissal” is triggered upon the filing of the motion to […]

Constitutional Challenge, Eminent Domain, Sovereign Immunity, Structural Standards, TTCA

Trial court properly dismissed subsequent purchaser’s TTCA and Takings claims after City demolished house

Jorge Rodriguez v. City of Fort Worth, 07-16-00037-CV (Tex.App. – Amarillo, December 8, 2017) This is a takings/condemnation and TTCA case where the Fort Worth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Prior to Rodriguez’s ownership of a residential structure, the City’s Building Standards Commission found it to be […]

Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

U.S. 5th Circuit holds fact question exists on qualified immunity between whether officer stepped in front of car to prevent escape, or was already in front of car and shot to defend himself

  Vann v. City of Southaven, 16-60561 (5th Cir. November 22, 2017). The U.S. Court of Appeals for the Fifth Circuit reversed the granting of summary judgment for the City and its officer in this police shooting and death case. Vann drove Katchens and Katchens’s three-year-old son to a drug exchange which turned out to […]

Official/Qualified Immunity, Sovereign Immunity, TTCA

Dallas Court of Appeals holdd officer did not establish official immunity because of fact question exists as to whether a reasonable officer would look both ways before entering an intersection

  City of Dallas v. Matthew A. Lamb, 05-16-01506-CV (Tex. App. – Dallas, December 4, 2017). This is an interlocutory appeal from the denial of the City’s plea to the jurisdiction in a police auto-accident case. The Dallas Court of Appeals affirmed the denial. Dallas police officer Valerie Womack was assigned to a major accident […]

Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

Austin Court of Appeals holds ex-professor properly alleged disability and age discrimination claim even where there is no legal obligation to renew a term contract

  Texas State University v. Dr. Kathleen Quinn 03-16-00548-CV (Tex.App—— Austin, Texas November 29,2017) This is an interlocutory appeal from the denial of a plea to the jurisdiction in an employment-discrimination dispute where the Austin Court of Appeals affirmed the denial. Quinn accepted an “emergency hire”  professor position for the University’s doctoral nursing program when […]

Constitutional Challenge, Litigation, Sec. 1983

U.S. 5th Circuit holds disabled individual did not request accommodation from officers performing field sobriety test so cannot sue for disability discrimination

Windham v. Harris County 16-20686 (5th Cir. November 13, 2017) This is a §1983 suit where the U.S. 5th Circuit Court of Appeals affirmed the granting of the County and Deputy Sheriff’s summary judgment motion. Windham was arrested on suspicion of driving while impaired after he rear-ended another car. The other vehicle’s driver reported Windham […]