Rebekha Montie v. Bastrop County,03-16-00123(Tex. App— Austin, October 19, 2016) This is a Texas Whistleblower Act case where the Austin Court of Appeals reversed the granting of the County’s plea to the jurisdiction and remanded the case for trial. Rebekha Montie was terminated from her job as a manager for an animal shelter in Bastrop […]
Bay City, Texas v. Wade McFarland, 13-15-00122-CV (Tex. App— Corpus Christi, October 13,2016) This is a Texas Tort Claims Act case involving an automobile accident where the Corpus Christi Court of Appeals affirmed the denial of the City’s plea to the jurisdiction. Officer Kunz was dispatched to the scene of a residence where two siblings […]
In Re: Texas Health Resources, 05-16-01135-CV (Tex. App. – Dallas, October 12, 2016) This is a mandamus matter and helpful to any litigators who have had difficulty getting a judge to rule on a dispositive motion. Texas Health Resources (“THR”) was sued (the opinion does not say for what) and filed a plea to the […]
Freer Volunteer Fire Department v. April Wallace, Individually and Next Friend of Gabriella Wallace, 04-16-00373-CV (Tex. App— San Antonio, October 5,2016) This is a Texas Tort Claims Act case where the involving a volunteer fire department and whether an individual is a volunteer or employee. The San Antonio Court of Appeals reversed the denial of […]
Integrity Collision Center v. City of Fulshear, No. 15-20560 ( 5th Cir. September 20,2016) This is an injunction case where a tow-truck company sued to compel the City to include it in the City’s non-consent tow list. The U.S. Court of Appeals for the Fifth Circuit reversed the injunction and dismissed the claims against the […]
CONNIE ROGGE, et al v. THE CITY OF RICHMOND, TEXAS, 01-14-00866-CV ( Tex. App— Houston [ 1st Dist.] September 29,2016) This is a jail/suicide case under the Texas Tort Claims Act (“TTCA”) where the First District Court of Appeals affirmed the granting of the City’s dispositive motion. Richard Hollas Rogge was arrested for driving while […]
Texas Department of Public Safety v. Anisty Mirasol, 03-15-00300-CV (Tex.App— Austin, September 29,2016) The Texas Department of Public Safety (“DPS”) appeals from the trial court’s order denying its plea to the jurisdiction in a vehicle collision case with a DPS officer under the Texas Tort Claims Act (“TTCA”). DPS Trooper Goodson spotted a pickup truck […]
Irene Saldivar v. City of San Benito, Texas, 13-15-00387-CV( Tex. App— Corpus Christi , September 29,2016) This is a Whistleblower Act case were the Thirteenth Court of Appeals affirmed the granting of the City employer’s summary judgment motion. Saldivar was a Communications Specialist for the City of San Benito Police Department. Saldivar asserts various supervisors […]
In Re: City of Dallas, 15-0794 (Tex. September 30, 2016) This is a mandamus matter in relation to an underlying tortious interference claim between various cities and the county. In the Waco Court of Appeals opinion, summary found here, the court found the City of Corsicana and Navarro County properly asserted a claim for tortious […]
Dillard v City of Austin, No. 15-50779 ( 5th Cir. September 16,2016) This is a disability discrimination case where the U.S. Fifth Circuit affirmed the granting of summary judgment for the City employer. After a car accident left Dillard with lingering injuries that prevented him from performing his former tasks as a manual laborer and […]