Discrimination, Employment Law, Sovereign Immunity

Since manager’s position was reorganized into director position, former manager was not “replaced” with someone outside of her protected class

DISD reorganized the CAFD, renamed it the Finance and Accounting Support for Campuses Department (the FASCD), and decided the new department should be led by a Director, a position one managerial level higher than Manager. The DISD hired Donna Zemanek, an Anglo
Read More

Contracts, Sovereign Immunity

Texas Supreme Court holds contractor who rebuilt homes destroyed in hurricane for property owners was also providing “services” to Planning Commission, so Chapter 271 waiver of immunity applies.

BYRDSON SERVICES, LLC, D/B/A EXCELLO CONSTRUCTION, LLC v. SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION, No. 15-0158 (Tex. December 23, 2016) After South East Texas Regional Planning Commission (“Planning Commission” or “Commission”) received federal hurricane relief funding it contracted with Byrdson Services to
Read More

Litigation, Procedure, Sovereign Immunity

Plaintiff failed to request opportunity to amend pleadings before ruling on plea to the jurisdiction so waived argument says 2nd Court of Appeals

 Arthur Delgado, Jr. v. River Oaks Police Department and City of River Oaks, 02-15-00205-CV (Tex. App— Fort Worth, November 23, 2016) Delgado sued the City and the Police Department for claims arising from his arrest for driving while intoxicated and an involuntary
Read More

Sovereign Immunity, TTCA

Falling item in room was a premise defect case, not a tangible personal property case under TTCA says Dallas Court of Appeals

Laura Constantino v. Dallas County Hospital District d/b/a Parkland Health & Hospital System a/k/a Parkland Memorial Hospital, 05-15-01273-CV (Tex.App— Dallas, October 24,2016) This is the second appellate decision regarding this negligent case where the Court of Appeals held this was a premise
Read More

Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Plaintiff’s expert created fact issue as to officer’s recklessness preventing the granting of City’s plea to the jurisdiction

Bay City, Texas v. Wade McFarland, 13-15-00122-CV (Tex. App— Corpus Christi, October 13,2016) This is a Texas Tort Claims Act case involving an automobile accident where the Corpus Christi Court of Appeals affirmed the denial of the City’s plea to the jurisdiction.
Read More

Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Since volunteer firefighter is not an employee, no waiver of immunity exists for his car accident

Freer Volunteer Fire Department v. April Wallace, Individually and Next Friend of Gabriella Wallace, 04-16-00373-CV (Tex. App— San Antonio, October 5,2016) This is a Texas Tort Claims Act case where the involving a volunteer fire department and whether an individual is a
Read More

Official/Qualified Immunity, Sovereign Immunity, TTCA

Since trooper entitled to official immunity in car accident case, DPS also immune from care accident says Austin Court of Appeals

Texas Department of Public Safety v. Anisty Mirasol, 03-15-00300-CV (Tex.App— Austin, September 29,2016) The Texas Department of Public Safety (“DPS”) appeals from the trial court’s order denying its plea to the jurisdiction in a vehicle collision case with a DPS officer under
Read More

Constitutional Challenge, Land Use, Sovereign Immunity, Takings, Zoning

City immune from delay in zoning approval due to City Attorney’s mistaken understanding of municipal boundary line

City of Floresville, et al.  v. Starnes Investment Group, LLC, 04-16-00038 (Tex.App— San Antonio, September 28,2016) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a case where a city employee mistakenly informed a property developer
Read More