Alderson v. Concordia Parish Correctional Facility, No. 15-30610, (5th Cir. Feb 9, 2017) This is a pretrial detainee constitutional suit against a state correctional facility and several employees. The U.S. 5th Circuit Court of Appeals affirmed the dismissal of all claims except one, which was a personal claim against an employee who was allegedly deliberately […]
City of Plano, Texas, et al. v. Elizabeth Carruth, et al. 05-16-00573-CV (Tex. App— Dallas, February 23, 2017) This is a referendum case where the Dallas Court of Appeals dismissed all but one of the Plaintiffs’ claims under a plea to the jurisdiction. It held the trial court had jurisdiction to consider the merits of […]
Galan Family Trust v. State of Texas, et al, 03-15-00816-CV (Tex.App— Austin, February 24, 2017) This is an inverse-condemnation/trespass-to-try-title case where the Austin Court of Appeals affirmed the dismissal of the Plaintiff’s claims. The Galan Family Trust (“Trust” or “Plaintiff”) sued the State of Texas for mineral interests the Trust asserts they own due to […]
City of San Antonio v. Charles Cervantes, 04-16-00569-CV(Tex. App— San Antonio, February 22, 2017) This is an automobile accident case under the Texas Tort Claims Act where the San Antonio Court of Appeals reversed the denial of the City’s plea to the jurisdiction which was based on a lack of notice. Cervantes worked for the […]
The City of Dallas v. Trinity East Energy, LLC, 05-16-00349-CV(Tex.App— Dallas, February 7, 2017) This is an interlocutory appeal from the granting-in-part and denial-in-part of a plea to the jurisdiction involving an inverse condemnation claim for mineral interests. The Dallas Court of Appeals affirmed-in-part, reversed-in-part, and remanded. The City was suffering a budgetary shortfall and […]
Doyle Wells, Sea Oats Investments I, L.P. f/k/a Lamkin Properties Limited Partnership, and Quixote Dunes, Inc. v. Texas Department of Transportation and Town of South Padre Island, 13-15-00175-CV (Tex.App— Corpus Christi, February 2, 2017) This is a takings case involving allegations the City took sand from the Plaintiff’s property without due process or just compensation. […]
Arlington Independent School District v. T.P. as next friend of R.T., a minor,02-16-00249-CV (Tex.App— Fort Worth , February 9,2017) This is a Texas Tort Claims Act vehicle accident case involving a school bus and a minor where the Fort Worth Court of Appeals affirmed the denial of the District’s plea to the jurisdiction. R.T. (minor) […]
Billy D. Burleson, Jon J. Mark, and Craig A. Bennight v. Collin County Community College District, 05-15-01361-CV(Tex. App— Dallas, February 8, 2017) In this Whistleblower Act case, the Dallas Court of Appeals reversed the granting of the College’s plea to the jurisdiction as a fact question exists within the record. Three police officers, Billy Burleson, […]
The City of Houston and its Current Mayor, Sylvester Turner v. Allen Mark Dacus and Elizabeth C. Perez, 14-16-00123-CV(Tex. App–– Houston[ 14th District], February 9,2017) This is an election case involving posting of an alleged misleading charter amendment where the law of the case doctrine required the trial court to rule against the City. The […]
KEN PAXTON, ATTORNEY GENERAL OF TEXAS v. CITY OF DALLAS; from Travis County; 3rd Court of Appeals District, No. 15-0073 (Tex. February 3,2017) This is a Texas Public Information Act (“PIA”) case where the Texas Supreme Court holds the attorney/client privilege, in and of itself, is a compelling reason to prevent disclosure under the […]