Litigation, Procedure, Sovereign Immunity, TTCA

14th Court of Appeals holds administering drug is the “use” of tangible personal property for immunity purposes

University of Texas M.D. Anderson Cancer Center v. Lance McKenzie, Individually and as Representative of the Estate of Courtney McKenzie-Thue (Deceased), Deborah Diver, Individually and As Next Friend of Jensen O’Hara, a Minor 14-16-00681-CV (Tex.App—Houston [14th District] August 3, 2017) This is
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Officer and Police Chief entitled to dismissal under sec. 101.106(f) of Texas Tort Claims Act after alleged assault during arrest

John M. Donohue v. City of Boerne Chief of Police James Koehler, Officer Pablo Morales, and Martha L. Donohue, 04-16-00190-CV ( Tex.App—San Antonio, March 8,2017) This is a Texas Tort Claims Act case where the San Antonio Court of Appeals affirmed the
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Eminent Domain, Litigation, Procedure, Sovereign Immunity, Takings, Ultra Vires

State immune from suit for mineral interest relating back to Spanish land grant

Galan Family Trust v. State of Texas, et al, 03-15-00816-CV (Tex.App— Austin, February 24, 2017) This is an inverse-condemnation/trespass-to-try-title case where the Austin Court of Appeals affirmed the dismissal of the Plaintiff’s claims. The Galan Family Trust (“Trust” or “Plaintiff”) sued the
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Constitutional Challenge, Contracts, Declaratory Judgments, Eminent Domain, Sovereign Immunity, Takings

City held to be acting both in a proprietary capacity and a governmental capacity involving lease for mineral interests says Dallas Court of Appeals

The City of Dallas v. Trinity East Energy, LLC, 05-16-00349-CV(Tex.App— Dallas, February 7, 2017) This is an interlocutory appeal from the granting-in-part and denial-in-part of a plea to the jurisdiction involving an inverse condemnation claim for mineral interests. The Dallas Court of
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Official/Qualified Immunity, Sovereign Immunity, TTCA

14th Court of Appeals holds police officer is entitled to official immunity in police chase case after providing detailed affidavits.

City of Houston v. Paula Collins,14-16-00449-CV (Tex. App— Houston [ 14th Dist.] January 31, 2017) This is a Texas Tort Claims Act vehicle accident case involving official immunity where the 14th Court of Appeals reversed and rendered the denial of the City’s
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Sovereign Immunity, TTCA

Death from slip on kayak cut in dam not actionable under TTCA, but failure to maintain scour hole is says Fort Worth Court of Appeals

Tarrant Regional Water District v. Richard Johnson and Sharkara Johnson, 02-16-00043-CV (Tex. App— Fort Worth, December 30, 2016) This is an interlocutory appeal in a Texas Tort Claims Act (“TTCA”) case where the Fort Worth Court of Appeals affirmed-in-part and reversed-in-part the
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Sovereign Immunity, TTCA

“Wet floor” warning sign sufficient as a matter of law to warn of dried but slippery wax on floor under TTCA says Beaumont Court of Appeals

 Montgomery County v. David Lanoue, 09-16-00195-CV (Tex. App— Beaumont, December 29,2016) This is a Texas Tort Claims Act (“TTCA”) slip-and-fall case where the Beaumont Court of Appeals reversed the denial of the County’s plea to the jurisdiction and dismissed the case. When
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