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Author: rhenry12598

Constitutional Challenge, Declaratory Judgments, Nuisance, Takings

Low-income housing project foiled by changes to fire code

June 15, 2013rhenry12598Leave a comment

Comunidad Balboa, LLC v. The City of Nassau Bay, et al. 14-12-00619-CV (Tex. App. – Houston [14th Dist.] June 13, 2013). This is an appeal from a non-profit developer whose claims were dismissed in the City of Nassau Bay’s plea to the
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Employment Law

Volunteer not entitled to Title VII protection says Fifth Circuit.

June 13, 2013rhenry12598Leave a comment

Juino v. Livingston Parish Fire District No. 5,  No. 12-30274 (5th Cir. May 30, 2013). This is a Title VII case of first impression for the Fifth Circuit Court of Appeals where the trial court ruled a volunteer firefighter was not an
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Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

Dubious evidence of probable cause still enough to protect deputies under qualified immunity.

June 10, 2013rhenry12598Leave a comment

Crostley v. Lamar County, Texas No. 12-40288 (5th Cir. May 29, 2013) This is an interlocutory appeal from the denial of qualified immunity and a court’s refusal to allow a pleading amendment in a §1983 case. After a night of drinking beer
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Declaratory Judgments, Litigation, Nuisance, Takings

Associations have standing to challenge Austin’s tunneling under parkland

June 9, 2013rhenry12598Leave a comment

  Spicewood Springs Road Tunnel Coalition, et al v City of Austin, et al., No. 03-11-00260-CV (Tex. App. – Austin June 6, 2013). This is more of a litigator case turning on the standing of several associations to challenge the City of
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Litigation, Uncategorized

Section 8 tenant failed to properly plead case against Housing Authority

June 9, 2013rhenry12598Leave a comment

  Latrenia E. Pleasant v. Nacogdoches Housing Authority of the City of Nacogdoches, Texas, No. 06-13-00008-CV (Tex. App. Texarkana June 6, 2013). When the Nacogdoches Housing Authority (“NHA”) terminated Pleasant’s renter assistance funding she sued alleging race and disability discrimination, negligence, and
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Sovereign Immunity, Worker's Comp

Tex. Supreme Court holds borrowed employee from contractor barred from negligence under Worker’s Comp. exclusivity

June 9, 2013rhenry12598Leave a comment

City of Bellaire v Johnson, no. 11-0933, slip op. (Tex. June 7, 2013) This is a Texas Supreme Court case in which the Court determined the definition of “employee” for purposes of the Worker’s Compensation Act bar includes “borrowed” employees from independent
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Litigation, Nuisance

Plaintiff Gas Station did not plead proper standing for “takings” claim, but given a chance to fix it.

June 8, 2013rhenry12598Leave a comment

State of Texas v Momin Properties, No. 01-12-00854-CV, (Tex. App. Houston [1st Dis.] June 6, 2012) This is an inverse condemnation case brought up via interlocutory appeal from a denial of a plea to the jurisdiction. The State built an overpass on
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Employment Law

Terminating an employee for use of a breast pump violates Title VII says 5th Circuit Court of Appeals.

June 6, 2013rhenry12598Leave a comment

Employment Opportunity Commission v. Houston Funding II Ltd, et al., No. 12-20220 (5th Cir. May 30, 2013). This is a sex discrimination case under Title VII in which the EEOC was a party. The essential holding is that an employer cannot discriminate
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Litigation, Sovereign Immunity

Dismissal for lack of jurisdiction must be without prejudice says 5th Circuit Court of Appeals.

June 5, 2013rhenry12598Leave a comment

Cox, et al  v. Sasol North America, Inc. No. 12-31123, slip op (5th Cir. May 24, 2013) While this is not a municipal case, the holding can have a significant impact on municipal litigators. Essentially the U.S. Court of Appeals for the
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Constitutional Challenge, Search and Seizure

U.S. Supreme Court holds police can take DNA samples without a warrant upon the booking of a suspect.

June 5, 2013rhenry12598Leave a comment

Maryland v. King, No. 12–207, slip op (June 3, 2013). In a divided decision, the U.S. Supreme Court held police could take DNA samples upon the arrest of an individual as part of the regular booking procedures.   The court analogized it to
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  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims

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