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Month: March 2014

Sovereign Immunity, TTCA

Plaintiff’s knowledge that falling in a hole would cause injury equates to knowledge of open and obvious dangerous condition says Houston Court of Appeals.

March 11, 2014rhenry12598Leave a comment

  City of Deer Park v. Leonard James Hawkins, 14-13-00695-CV (Tex. App. – Houston [14th Dist.], March 11, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a premise defect case, which the 14th Court
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Civil Service/Collective Bargaining, Employment Law

Involuntary reassignment subject to arbitration under CBA says 14th Court of Appeals

March 6, 2014rhenry12598Leave a comment

  Orange Association of Fire Fighters v. The City of Orange, et al 14-13-00061-CV (Tex. App. – Houston [14th Dist.], March 6, 2014). This is a collective bargaining case where the trial court held a grievance was not subject to the CBA’s
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Discrimination, Employment Law

Being called skinny can equate to a sexual harassment charge says 1st Court of Appeals

March 6, 2014rhenry12598Leave a comment

Texas Department of Aging and Disability Services v. Esther Iredia, 01-13-00469-CV (Tex. App. – Houston [1st Dist.], March 6, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction by Texas Department of Aging and Disability Services
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Employment Law, Whistleblower

Report of performing gas tests in unsafe manner is not a good faith report of a violation of law under Whistleblower Act

March 3, 2014rhenry12598Leave a comment

  Dallas Independent School District v. Watson, 05-12-00254-CV (Tex. App. – Dallas, February 28, 2014). This is an appeal from a final judgment for the Plaintiff in a Texas Whistleblower Act case where the Dallas Court of Appeals reversed and dismissed the
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA
  • Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk
  • 14th Court of Appeals holds Plaintiff in vehicle accident failed to estbalish City recieved a proper notice of claim or actual knowledge of the claim within deadline so case was dismissed

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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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