HOUSTON BELT & TERMINAL RAILWAY CO., et al. v. CITY OF HOUSTON, TEXAS AND DANIEL KRUEGER, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF PUBLIC WORKS AND ENGINEERING, 14-0459 (Tex. April 1, 2016) This is an ultra-vires case where the Texas Supreme Court holds acts can be ultra-vires and without legal authority even if they involve […]
CAFFE RIBS, INCORPORATED v. STATE OF TEXAS 14-0193 (Tex. April 1, 2016) This is a condemnation case where the Texas Supreme Court held the property owners were entitled to admit evidence regarding the State’s interference with mitigating property to improve value. Caffe Ribs, Inc. (“Caffe”) purchased the condemned property in 1995 from Reeves and Weatherford. […]
Caetano v. Massachusetts 14-10078 (U.S. March 21, 2016) The United States Supreme Court declared that “stun guns” are protected “arms” under the Second Amendment. Jaime Caetano became in fear for her life after ending a relationship with an abusive boyfriend. For her protection she obtained a stun gun. After another altercation with the ex-boyfriend in […]
Joslyn M. Johnson, Individually and as Executrix for the Estate of Rodney Johnson, Deceased v. City of Houston, 14-15-00176-CV (Tex. App. – Houston [14th Dist.] March 29, 2016) This is a wrongful death action for an officer killed in the line of duty where the 14th Court of Appeals affirmed the granting of a plea […]
In Re The State of Texas, Relator, 07-16-00052 (Tex. App. – Amarillo, March 16, 2016). This is a writ of mandamus case of interest mainly to municipal prosecutors. It holds that on appeal, a county court judge cannot provide for deferred disposition any more than a municipal judge or justice of the piece can. […]
Gary David Bray and Texas Division, Sons of Confederate Veterans, Inc., And David Steven Littlefield v Gregory L. Fenves, In His Official Capacity as The President of the University of Texas at Austin, 06-15-00075-CV (Tex. App. – Texarkana, March 24, 2016). This is an interesting case where U.T. Austin was sued by the Sons of […]
The County of La Salle v. Joe Weber, et al, 03-14-00501-CV (Tex. App. – Austin, March 18, 2016). This is largely an ultra vires suit where a County sued the state for improper administrative rules and implementation of grant eligibility requirements. The Austin Court of Appeals affirmed the granting of the State’s plea to the […]
Ronald Williams v. Metropolitan Transit Authority 01-15-00299-CV (Tex. App. – Houston [1st Dist.], March 22, 2016). This is a Texas Whistleblower Act case where the 1st District Court of Appeals reversed the granting of a plea to the jurisdiction by the Metropolitan Transit Authority (“Metro”). Williams alleged that he worked for Metro for nine years […]
Texas Department of Transportation v. Haley Brown 06-15-00090-CV (Tex. App. – Texarkana March 22, 2016) This interlocutory appeal arises from the denial of the Texas Department of Transportation’s (TxDOT’s) plea to the jurisdiction regarding Haley Brown’s claims for personal injury in which the Court of Appeals reversed the denial and dismissed Brown’s car accident claims. […]
City of Houston v Shayn A. Proler, 14-16-00030-CV (Tex. App. – Austin, March 15, 2016). This is the second suit by Proler, a certified fire fighter, regarding the City’s reassignment of him and ultimate termination for his failure to fight fires. Proler’s original suit (summary found here) resulted in the Texas Supreme Court holding that […]