Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

Employee unable to establish terminating supervisor was aware of First Amendment activity, so summary judgment for employer was proper

Kristi Dearman v. Stone County School District, 15-60506 (5th Cir. August 11,2016) This is a First Amendment and procedural due process employment case where the U.S. Fifth Circuit affirmed the granting of the employer’s summary judgment motion. Dearman was an employee of the Stone County School District. During 2011, while serving as a guidance counselor […]

PIA

Austin Court of Appeals holds OIG investigation is open to the public since it did not concern health care fraud

Ken Paxton, Attorney General of the State of Texas v. Texas Department of State Health Services, 03-14-00594-CV (Tex. App— Austin, August 31, 2016) This is a Public Information Act (“PIA”) case where the Austin Court of Appeals reversed the granting of a summary judgment for the Department of State Health Services (“DSHS”). Iris, a Department […]

Constitutional Challenge, Employment Law, Litigation, Mandamus, Procedure, Takings, Whistleblower

Town’s Interlocutory appeal timely under scheduling order, but permissive appeal by Plaintiff was untimely

Sarah Swanson v. Town of Shady Shores, 02-15-00351-CV (Tex.App— Fort Worth, August 18,2016) This is a Texas Whistleblower Act, Texas Open Meetings Act, due process, free speech and Sabine Pilot case, but the main thrust of the appeal is litigation/appellate procedure. So, this case will be of primary focus to litigators. Swanson is the former […]

Constitutional Challenge, Declaratory Judgments, Public Works, Sovereign Immunity, Takings

City immune from suit for reverter given language of deed says 4th Court of Appeals

The City of Laredo v. Northtown Development, Inc. and Gateway Centennial Development, Co., 04-15-00736-CV (Tex. App—San Antonio, August 10,2016) This is a takings case based on an alleged reverter in public property where the Fourth Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the case. Northtown Development, Inc. […]

Declaratory Judgments, Religious Freedom, Tax

Neither appraisal district nor religious organization established entitlement to MSJ on tax exemption question regarding elderly housing, so full case remanded says 1st Court of Appeals

National Church Residences of Alief, TX v. Harris County Appraisal District, 01-15-00900-CV (Tex. App- Houston [ 1st Dist.] August 9, 2016) This is a tax exemption case where the First District Court of Appeals reversed the trial court’s order denying a religious organization’s exemption from taxation because it helped senior citizens with their housing as […]

ADA, Discrimination, Employment Law, Litigation

Amarillo Court of Appeals holds 1) no race discrimination when employer hires from same protected class, 2) broken ankle is not ADA disability in this case, 3) age difference alone is not enough

Arnold Jordan v. Tarrant County Hospital District d/b/a JPs Health Network, 07-16-00034-CV (Tex. App—Amarillo, August 2, 2016) This is an employment discrimination case where the Amarillo Court of Appeals affirmed the granting of the Hospital District’s summary judgment motion. Jordan alleges Tarrant County Hospital District d/b/a JPS Health Network (“JPS”) failed to hire him for […]

Constitutional Challenge, Sovereign Immunity, TTCA

Plaintiff could not establish City was substantially certain any actions were likely to cause flooding

City of Magnolia, City of Magnolia 4A Economic Development Corporation and City of Magnolia 4B Community Development Corporation v. David Smedley, 09-15-00334-CV  (Tex. App—Beaumont. July 28,2016) This is a flooding case where the Beaumont Court of Appeals dismissed the Plaintiff’s claims against the City under a plea to the jurisdiction. Smedley sued the City and […]