Plaintiff not entitled to 21 day notice of hearing on plea to the jurisdiction

Irene Silva and David Silva v The City of Pasadena, 14-15-00062-CV (Tex. App. – Austin, March 15, 2016). This is a personal injury lawsuit where the Austin Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. This is more of a procedural case than anything else. Irene and David Silva were […]

Attorney’s notice of claim letter insufficient to give City statutory notice of car accident claim says Beaumont Court of Appeals

City of Beaumont, Texas v Chiquita Armstead, 09-15-00480-CV (Tex. App. – Beaumont, March 17, 2016). This is an interlocutory appeal from the denial of the City’s plea to the jurisdiction in a automobile accident suit where the issue centered on statutory notice. The Beaumont Court of Appeals reversed the denial and dismissed the Plaintiff’s claims. […]

City entitled to civil penalties for zoning code violations says Dallas Court of Appeals

Texas West End, Inc v. City of Dallas, Texas Historical Commission 05-11-00582-CV (Tex. App. – Dallas, March 9, 2016) This is a civil enforcement case which is on remand from the Texas Supreme Court. After analyzing the case based on the Supreme Court’s order, the Dallas Court of Appeals switched its prior holding and upheld […]

Plaintiff employee unable to establish “pretext” after employer enacted policy that promotions could only come from within individual departments

Arthur Butcher v. City of San Antonio, Acting by and through its agent City Public Service Board d/b/a CPS Energy 04-15-00338-CV (Tex. App. – San Antonio, March 9, 2016) This is a race discrimination case where the San Antonio Court of Appeals affirmed the dismissal of the Plaintiff’s claims based on lack of pretext. Butcher […]

Inmate’s use of machine was not Department’s use of machine so no waiver of immunity under TTCA says Amarillo Court of Appeals

Marcus A. Tavira v. Texas Dept. of Criminal Justice 07-14-00046-CV (Tex. App. – Amarillo, February 24, 2016). This is a Texas Tort Claims Act case where an inmate was injured by a lift machine when performing acts as part of the prison’s Community Service Squad. Tavira was an inmate incarcerated in Childress County. He was […]

Mopping nearby sufficient for jury to find County had actual knowledge of wet floor and dangerous condition says Beaumont Court of Appeals

Jefferson County, Texas v. Noryour Akins 09-14-00017-CV (Tex. App. – Beaumont, February 25, 2016) This is a Texas Tort Claims Act slip and fall case in a county jail. The jury awarded Akin damages and Beaumont Court of Appeals affirmed. Akins, a Mid-State Services, Inc. employee working at the Jefferson County Jail, slipped and fell […]

Texas Supreme Court holds OIG attorney’s report to OIG supervisor is a report to a proper law enforcement authority under Whistleblower Act

MCMILLEN v. TEXAS HEALTH & HUMAN SERVICES COMMISSION, 15-0147 (Tex. February 26, 2016) This is a Texas Whistleblower Act case where the Texas Supreme Court remanded the case back to the trial court holding McMillem made a report to a  proper law enforcement authority – his own. Michael McMillen, an attorney, served as Deputy Counsel […]

Investigating attorney’s collection of witness statements in employment investigation not privileged and subject to PIA disclosure says Austin Court of Appeals

The City of Houston, Texas v. Ken Paxton, Attorney General of Texas 03-15-00093-CV (Tex. App. – Austin, February 23, 2016) This is a Public Information Act (“PIA”) case where the Austin Court of Appeals affirmed the order requiring the release of the documents at issue. The Mayor of Houston issued executive order 1-39 which created […]

U.S. 5th Circuit holds the “loss of chance” doctrine is not applicable in a §1983 context and this wrongful death action

Slade v. City of Marshall No. 15-40517 (5th Cir., February 10, 2016) This is a §1983 wrongful death case where the 5th Circuit affirmed the dismissal of the Slade constitutional claims by the trial court. When City officers were dispatched to a disturbance they found a naked and agitated Marcus Slade having a physical altercation […]