Discrimination, Employment Law, Litigation, Procedure

U.S. Supreme Court holds statutory deadlines are jurisdictional, court rule deadlines are not and may be waived

Hamer v Neighborhood Housing Services of Chicago, et al, No. 16-658, Slip. Op.,  2017 WL 5160782 — U.S.–,  (November 8, 2017). This is an employment dispute, but the key point before the U.S. Supreme Court was the jurisdictional aspects of the timing for certain deadlines. Hamer filed an age discrimination suit against her former employer, […]

Annexation, Injunction, Mandamus, Separation of Powers

In annexation opposition, Dallas Court of Appeals opinion could result in trial courts using TOMA injunction provision to prevent legislative acts not yet up for vote

In Re: City of Mesquite, Texas 05-17-01303-CV (Tex.App— Dallas, November 14, 2017) In this original mandamus proceeding, the Dallas  Court of Appeals held the trial court did not abuse its discretion in granting certain injunctive relief prohibiting annexation in an extraterritorial  jurisdiction. In its request for injunctive relief, the County alleged that the City violated […]

Litigation, Procedure, Sovereign Immunity, TTCA

Since officer’s affidavit did not detail his evaluation as he approached intersection, 4th Court of Appeals holds city did not establish emergency response application to tort suit

City of San Antonio v. Patrick Torres and Johnnie Dears 04-17-00309-CV (Tex.app —— San Antonio, Texas November 15, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving a vehicle accident where the San Antonio Court of Appeals affirmed the denying of the City’s plea to the jurisdiction. Torres and Dears were passengers in […]

Litigation, Public Works, Sovereign Immunity, TTCA

City immune from suit for traffic light displaying “walk” signal at same time as green “turn arrow” says 13th Court of Appeals

City of Edinburg v. Melinda Balli  13-17-00183-CV (Tex.App–, Corpus Christi, November 9, 2017) This is a Texas Tort Claims Act case where the Corpus Christi Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the Plaintiff’s claims. Balli asserts she was struck by a vehicle as she used a […]

Declaratory Judgments, Employment Law, Sovereign Immunity, TOMA, Whistleblower

TOMA posting inside City Hall with a “cancelled” stamp on an agenda controlled, regardless of other agendas says 13th Court of Appeals

City of Donna, Texas, David Simmons, Jose Garza, Simon Sauceda, Irene Munoz and Sonia Gallegos v. Oscar Ramirez 13-16-00619-CV (Tex.App— Corpus Christi, November 9, 2017) This is a Texas Whistleblower Act case where the Corpus Christi Court of Appeals affirmed the denial of the City Defendants’ plea to the jurisdiction. Ramirez, the City’s former city […]

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

Notice of non-renewal letter triggered date for EEOC complaint filing, not the date internal grievance was completed says San Antonio Court of Appeals

Alamo Community College District d/b/a Alamo Colleges v. Douglas Ryan 04-17-00196-CV (Tex.App– San Antonio, Texas November 1, 2017) This is an interlocutory appeal in an employment discrimination case where the San Antonio  Court of Appeals reversed the denial of the District’s jurisdictional challenge and dismissed the Plaintiff’s claims. Ryan was a full-time probationary faculty member […]

Agency, Declaratory Judgments, Injunction, Ultra Vires

Plaintiff failed to timely appeal administrative order so court has no jurisdiction to hear his constitutional claims

Jose A. Perez v. Physician Assistant Board and Margaret K Bentley, In her Individual and Official Capacities 03-16-00732-CV (Tex.App—- Austin, Texas October 31, 2017) This is an appeal from the granting of a plea to the jurisdiction where the Austin Court of Appeals affirmed the order. Perez was a physician’s assistant whose license was revoked by […]

Contracts, Sovereign Immunity, TTCA

Amarillo Court of Appeals holds private company contracted to run city buses did not establish it was entitled to derivative immunity

Charles Brown v. Waco Transit System 07-16-00258-CV (Tex.App—- Amarillo, October 27, 2017)  The Amarillo Court of Appeals reversed an order granting a plea to the jurisdiction by the Waco Transit System, Inc. (“WTSI”). Brown alleges he suffered personal injuries while riding a bus operated by WTSI. Specifically, during Brown’s ride the door fell open, striking […]

Constitutional Challenge, Declaratory Judgments, Eminent Domain, Injunction, Litigation, Procedure, Sovereign Immunity, Takings

Texas Supreme Court rules court of appeals has interlocutory jurisdiction for denied MSJ even though plea was denied months earlier

City of Magnolia 4A Economic Development Corporation and City of Magnolia 4B Community Development Corporation v. David Smedley, 16-0718 (Tex. October 27, 2017). This is a flooding case, however, the issue for the Supreme Court is a litigation procedural one. The Court of Appeals held that it did not have interlocutory jurisdiction over claims which […]

Employment Law, Retaliation

Three years between protected activity and failure to renew contract was too long to establish a causal connection in retaliation case.

Latasha Rose v. Houston Independent School District 14-16-00687-CV (Tex.App—Houston [Dist. 14] October 19, 2017) This is a retaliation in employment case where the 14th District Court of Appeals affirmed the dismissal of the Plaintiff’s claims. Rose was the Magnet Coordinator at HISD’s High School for Law Enforcement and Criminal Justice (“HSLECJ”). At the beginning of […]