Articles Posted in Supreme Court of Texas

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At issue was whether the district court correctly dismissed the claim that because of negligent training and handling by private military contractors, a dog that protects soldiers and others by sniffing out enemy improvised explosive devices (IEDs) bit Plaintiff on a United States Army base in Afghanistan. Defendant, which contracted with the Department of Defense to provide teams of working dogs and handlers to the Armed Services, claimed in defense that the incident was caused by the Army’s use and prescribed manner of quartering the dog. Defendant filed a plea to the jurisdiction asserting that Plaintiff’s claims were nonjusticiable under the political question doctrine because they required an assessment of the Army’s involvement in causing her alleged injuries. The trial court granted the motion and dismissed the case. The court of appeals reversed, thus rejecting the application of the political question doctrine. the Supreme Court reversed, holding that this case is nonjusticiable due to the presence of an inextricable political question. View "American K-9 Detection Services, LLC v. Freeman" on Justia Law

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At issue in this statutory-construction case was the damages-cap and election-of-remedies provisions of the Texas Tort Claims Act (TTCA) with respect to independent contractors performing essential governmental functions. Plaintiff, the daughter of a pedestrian who was struck and killed by a public bus in Fort Worth, brought claims under the TTCA against the Fort Worth Transportation Authority (FWTA), its two independent contractors, and the bus driver. The Supreme Court held (1) the TTCA’s damages cap applies cumulatively when, as in this case, an independent contractor performed essential governmental functions of a transportation authority; (2) the TTCA’s election-of-remedies provision extends to cover an employee of an independent contractor performing essential governmental functions; and (3) the transit defendants in this case were not entitled to attorney’s fees arising out of interpleader. Accordingly, the Supreme Court reversed the court of appeals’ judgment and reinstated the trial court’s judgment in favor of FWTA with respect to issues one and two, and affirmed the denial of attorney’s fees and remand to the trial court for further proceedings. View "Fort Worth Transportation Authority v. Rodriguez" on Justia Law

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The pro-forma provision in the tariff in this case, which set the rates and terms for a utility’s relationship with its retail customers, did not conflict with a prior franchise agreement, which reflected the common law rule requiring utilities to pay public right-of-way relocation costs, or the common law, and the franchise agreement controlled as to the relocation costs at issue. At issue was whether the City of Richardson or Oncor Electric Delivery Company must pay relocation costs to accommodate changes to public rights-of-way. The City negotiated a franchise agreement with Oncor requiring Oncor to bear the costs of relocating its equipment and facilities to accommodate changes to public rights-of-way, but Oncor refused to pay such costs. While the relocation dispute was pending, Oncor filed a case with the Public Utility Commission (PUC) seeking to alter its rates. The case was settled, and the resulting rate change was filed as a tariff with the PUC. The City enacted an ordinance consistent with the tariff, which included the pro-forma provision at issue. The Supreme Court held that the provision in the tariff did not conflict with the franchise contract’s requirement that Oncor pay the right-of-way relocation costs at issue. View "City of Richardson v. Oncor Electric Delivery Co." on Justia Law

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This case involved a contract dispute between a local governmental entity that oversaw federal funded rebuilding projects in areas of Texas that were struck by Hurricane Ike and a construction contractor. After a dispute arose between the governmental entity and the contractor regarding the quality of the contractor’s work and payment due under the contracts, the contractor filed suit against the governmental entity for payments allegedly due. The governmental entity filed a plea to the jurisdiction, alleging governmental immunity. The trial court denied the plea, concluding that immunity had been waived by chapter 271 of the Local Government Code, which waives immunity if the contract provides “goods or services to the local governmental entity.” The court of appeals reversed. The Supreme Court reversed, holding that that the chapter 271 immunity waiver applied in this case. View "Byrdson Services, LLC v. South East Texas Regional Planning Commission" on Justia Law