Sergeant Mary Haver and Deputy Constable Kevin Vailes, in their individually capacities v. Barbara Coats, et al. 14-15-00185-CV (Tex. App. – Houston [14th Dist.], April 12, 2016) This is a qualified immunity/excessive force case where the court held the individual constable deputies could not use a no-evidence motion for summary judgment to assert a qualified […]
The Austin Bulldog v. Lee Leffingwell, Mayor, et al. 03-13-00604-CV (Tex. App. – Austin, April 8, 2016) This is a Public Information Act (“PIA”) case where the Austin Court of Appeals held, as a matter of first impression, that the personal email addresses of council members cannot be redacted from public documents. The Austin Bulldog […]
City of Dallas, et al v. Robert Groden 05-15-00033-CV (Tex. App. – Dallas, April 6, 2016). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a malicious prosecution case. The Dallas Court of Appeals reversed the denial and dismissed the Plaintiff’s claims. Robert Groden operated a business from a […]
Texas Commission on Environmental Quality & Post Oak Clean Green, Inc. v. Guadalupe County Groundwater Conservation District 04-15-00433-CV (Tex. App. – San Antonio, April 6, 2016) This is an interlocutory appeal from the denial of a plea to the jurisdiction where the San Antonio court reversed. Post Oak Clean Green, Inc. applied for a permit […]
Evenwel v. Abbott 14-940 (U.S. April 4, 2016). This is a voter rights case where the U.S. Supreme Court affirmed that Texas can utilize total state population in drawing district lines instead of voter-eligible population. Texas draws its legislative districts on the basis of total population. Plaintiffs/appellants are Texas voters; they challenge this uniform method […]
Galveston County Judge Mark Henry and County Commissioners Ryan Dennard, Joe Guisti, Stephen Holmes and Ken Clark, in their Official Capacity as the Galveston County Commissioners Court v. Kimberly Sullivan, Judge Probate Court of Galveston County 14-15-00161-CV (Tex. App. – Houston [14th Dist.], April 5, 2016) This is an interlocutory appeal from the denial of […]
The City of Carrollton v Ken Paxton, Attorney General of Texas, No. 032-13-00571-CV (Tex. App. – Austin, March 31, 2016). This is a Public Information Act (“PIA”) case where the 3rd District Court of Appeals agreed substantially all of the documents are protected from disclosure. This is a very long opinion (29 pages with 88 […]
Ambrea Fairchild v All American Check Cashing, Incorporated, a Mississippi Corporation, No. 15-60190 (5th Cir. March 18, 2016). This is a pregnancy discrimination and FLSA overtime case where the U.S. 5th Circuit affirmed the order granting the employer’s request for judgment. While not specifically a city/government case, it applies all forms of employers. Fairchild started […]
City of Rio Grande City, et al v. BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande Valley 04-15-00729-CV (Tex. App. – San Antonio, April 4, 2016) This is an interlocutory appeal case where the central issues are procedural supersedes of an injunction order and an automatic stay of proceedings. This […]
WASSON INTERESTS, LTD. v. CITY OF JACKSONVILLE, 14-0645 (Tex. April 1, 2016) This is a proprietary-governmental dichotomy in contracts case where the Texas Supreme Court ruled the dichotomy does exist within the context of breach of contract disputes. In the 1990s, the Wassons assumed an existing 99-year lease of lakefront property owned by the City […]