Town of DISH, et al v. Enbridge Gathering (North Texas) L.P., et al., 07-13-00391-CV (Tex. App. – Amarillo, June 1, 2015) This is a consolidation of three separate cases with multiple parties and multiple defendants with certain procedural complexities. For the government lawyer, the important thing to take away from the case is the […]
Ceellu Williams v Texas Tech University Health Sciences Center, 10-15-00005-CV (Tex.App. –Waco, May 22, 2015). This is an appeal from the granting of a plea to the jurisdiction where the Waco Court of Appeals held there was no waiver of immunity under the Uniform Declaratory Judgment Act to merely seek declarations of rights or status […]
Ken Paxton, Attorney General of the State of Texas v. City of Dallas, 03-13-00546-CV (Tex. App. –Austin, May 22, 2015) This is a Public Information Act (“PIA”) case where the trial court held the birth dates of certain members of the general public are confidential as a matter of law and exempt from disclosure. The […]
Marissol Ochoa Sierra and Emilio Chapa Trevino v City Of Pharr, 13-14-00425-CV, (Tex. App. — Corpus Christi, May 21, 2015) This is an appeal from the granting of a plea to the jurisdiction involving the alleged wrongful sale of an impounded vehicle. The Thirteenth Court of Appeals affirmed the granting of the plea. Pharr police […]
Plaintiff established jurisdiction for suit against TxDMV Executive Director for ultra-vires actions
Whitney Brewster, et al v. Drew Roicki and Richard Roicki As Successors in Interest to Pinnacle Motors, 04-14-00414-CV (Tex. App. — San Antonio, May 13, 2015). This case will be of more interest to litigators who deal with burden shifting in ultra-vires cases than to general counsel. Brewster is the Executive Director of the Texas […]
Alan Schrock v. City of Baytown, 01-13-00618-CV (Tex. App. – Houston [1st Dist.], April 23, 2015)(mem. Op.) This is a takings case where the First District Court of Appeals reversed the granting of a summary judgment for the City in a utility services dispute where the City refused to connect services to a rental property. […]
City of Del Rio v. Daniel Jalomos, 04-14-00381-CV (Tex. App. – San Antonio, April 22, 2015)( mem. Op.) This is a civil service case where the Fourth Court of Appeals affirmed the dismissal of a suit filed by the City seeking judicial review of a hearing examiner’s decision. Jalomos was a police officer for the […]
Jamil Saifi v. City of Texas City, 14-13-00815-CV (Tex. App. – Houston [1st Dist.], April 21, 2015), mem. Op. This is a civil service/collective bargaining case involving a firefighter where the First District Court of Appeals reversed the granting of the City’s plea to the jurisdiction and allowed the plaintiff to replead. Saifi had a […]
Dallas Area Rapid Transit v. Donald Armstrong, 05-14-00779-CV (Tex. App. – Dallas, April 15, 2015). This is a Texas Tort Claims Act (“TTCA”) notice case where the Dallas Court of Appeals affirmed the denial of a plea to the jurisdiction in this interlocutory opinion. Armstrong was struck by a DART bus while he was crossing […]
Phillips v. City of Dallas, No. 14-10379 (5th Circ. March 27, 2015). This is a First Amendment employment case where a City employee was terminated after he sought public office for a county position. The U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of the suit pursuant to Fed. R. Civ. P. […]