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Texas Supreme Court holds TTCA caps are cumulative, inclusive of independent contractors and their employees performing governmental functions

  Fort Worth Transportation Authority, et al., v Rodriquez, et al., 16-0542 (Tex. April 27, 2018) This is a statutory-construction case on the damages-cap and election-of-remedies under the Texas Tort Claims Act (“TTCA”). After Peterson, a pedestrian, was struck and … Continue reading

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Plaintiff’s pro se brief insufficient to preserve arguments on appeal holds Dallas Court of Appeals

Gilberto Hernandez v. Dallas Independent School District, 05-17-00227-CV (Tex. App. – Dallas, April 18, 2018). This is a Texas Whistleblower Act case where the Dallas Court of Appeals affirmed the dismissal of the Plaintiff’s claims. The Dallas Independent School District … Continue reading

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Texas Supreme Court holds standards in same-sex discrimination cases are distinctly different than opposite-sex standards

Alamo Heights Independent School District v Catherine Clark, 16-0244, — S.W.3rd – (Tex. April 6, 2018). This is a workplace same-sex discrimination, harassment and retaliation case where the Texas Supreme Court held that while the actions complained of were vulgar, … Continue reading

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San Antonio Court of Appeals holds City made a judicial admission employee was acting within course and scope of employment at time of accident by filing §101.106(e) motion to dismiss. Therefore, not entitled to jury question on course and scope

Victor Ramos v. City of Laredo, 04-17-00099-CV (Tex. App. – San Antonio, March 28, 2018). This is a Texas Tort Claims Act (“TTCA”) case where the San Antonio Court of Appeals reversed a jury verdict and rendered judgment against the … Continue reading

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Trial court had jurisdiction to determine if certain jobs should be classified as civil service, but not to award backpay

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-17-00120-CV (Tex. App. Amarillo — March 21, 2018) This is a civil service lawsuit where the Amarillo Court of Appeals reversed-in-part the denial of the City’s … Continue reading

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Texarkana Court of Appeals holds county court at law has jurisdiction to hear PIA mandamus against city, despite district court language in PIA

Kenneth Craig Miller v. Gregg County, 06-17-00091-CV (Tex. App. – Texarkana, March 20, 2018). This is a Public Information Act (“PIA”) lawsuit in which the Texarkana Court of Appeals flipped back and forth between sections of the Government Code before … Continue reading

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Since University policies did not address non-tenured professor’s situation, she was deemed an “at-will” employee with no entitlement to due process

Lawrence Schovanec, as President of Texas Tech University, and Texas Tech University v. Fariba Assadi-Porter, 07-17-00426-CV (Tex. App. – Amarillo, March 20, 2018) This is a due process in employment case where the Amarillo Court of Appeals reversed the denial … Continue reading

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County must sue AG, not individual concealed handgun license holder, in dispute over courthouse sign says 1st District Court of Appeals

  Terry Holcomb, Sr. v. Waller County, 01-16-01005-CV, (Tex. App. – Houston [1st Dist.], March 15, 2018) This is a concealed handgun/courthouse civil suit where the First District Court of Appeals reversed a declaratory judgment for the County. The Waller … Continue reading

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U.S. Supreme Court holds officers at scene were not required to belief innocent explanations of suspects given circumstances – probable cause therefore exists for arrests.

District of Columbia, et al. v Wesby, et al, No. 15–1485., — U.S. – (January 22, 2018). This is an unconstitutional false arrest case where the U.S. Supreme Court determined the officers on the scene had probable cause to make … Continue reading