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Author: rhenry12598

Employment Law, Sovereign Immunity, Whistleblower

Tex. Supreme Court interprets Whistleblower Act definition of “law” including “rule adopted under a statute or ordinance.”

June 16, 2013rhenry12598Leave a comment

University of Houston v Barth, NO. 12-0358 (Tex. June 14, 2013) This is a Texas Whistleblower case where the Texas Supreme Court, for the first time, interpreted part of the Act noting that a “law” includes a “rule adopted under a statute
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Search and Seizure, Sec. 1983

Mother’s claims for release of sexual orientation information of daughter dismissed.

June 15, 2013rhenry12598Leave a comment

Wyatt v. Fletcher No. 11-41359 (5th Cir. May 31, 2013). This is essentially a privacy claim for information known to the entity and released to the parent.  For cities which have programs, community centers, and other situations where information about minors is
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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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Recent Posts

  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call
  • 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
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated

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  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call

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