San Antonio Court of Appeals holds river authority can be compelled to attend contract arbitration

San Antonio River Authority v. Austin Bridge & Road, L.P. and Hayward Baker Inc. 04-16-00535-CV ( Tex.App— San Antonio, August 9, 2017) This is an interesting case where the issue of sovereign immunity impacts whether an entity is a “party’ … Continue reading

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Dallas Court of Appeals dismisses referendum/mandamus claims against council but allows mandamus claims to go forward to trial against City Secretary

City of Plano, Texas, et al. v. Elizabeth Carruth, et al.  05-16-00573-CV (Tex. App— Dallas, February 23, 2017) This is a referendum case where the Dallas Court of Appeals dismissed all but one of the Plaintiffs’ claims under a plea … Continue reading

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Austin Court of Appeals grants TABC plea to the jurisdiction in PIA lawsuit by requestor

McLane Company, Inc. v. Texas Alcoholic Beverage Commission, et al., No.03-16-00415-CV (Tex. App. – Austin, February 1, 2017). This is a Texas Public Information Act (“PIA”) request lawsuit where the Austin Court of Appeals affirmed the granting of several pleas … Continue reading

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Trial court in error for denying defendant’s designation of responsible third party even after SOL deadline says San Antonio Court of Appeals

In re Cleo Bustamante, Jr., 04-16-00333-CV (Tex.App— San Antonio, November 23,2016) This is a mandamus case of interest to litigators primarily who deal with proper designations for responsible third parties. The Fourth Court of Appeals, sitting en banc, determined it … Continue reading

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Trial court ordered to rule on plea to the jurisdiction within one day of order by Court of Appeals since it failed to rule for ten months

In Re: Texas Health Resources, 05-16-01135-CV (Tex. App. – Dallas, October 12, 2016) This is a mandamus matter and helpful to any litigators who have had difficulty getting a judge to rule on a dispositive motion. Texas Health Resources (“THR”) … Continue reading

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Town’s Interlocutory appeal timely under scheduling order, but permissive appeal by Plaintiff was untimely

Sarah Swanson v. Town of Shady Shores, 02-15-00351-CV (Tex.App— Fort Worth, August 18,2016) This is a Texas Whistleblower Act, Texas Open Meetings Act, due process, free speech and Sabine Pilot case, but the main thrust of the appeal is litigation/appellate … Continue reading

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Trial court properly declined to appoint condemnation commission before hearing plea to the jurisdiction says Texas Supreme Court

In Re Lazy W District No. 1. , 15-0117 (Tex. May 27, 2016) This original mandamus proceeding involves two governmental entities, one of which petitioned for condemnation of a water pipeline easement across the other’s land. The Tarrant Regional Water … Continue reading