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Author: rhenry12598

Contracts, Sovereign Immunity

 Hospital District potentially liable for breach of contract but not quantum meruit.

May 2, 2013rhenry12598Leave a comment

Dallas County Hospital District v Hospira Worldwide, Inc., No. 05-12-00902-CV (Tex. App. – Dallas April 30, 2013) In this interlocutory appeal, the Dallas County Hospital District (“DCHD”) appealed the denial of a plea to the jurisdiction.  Hospira invoiced DCHD for certain medical
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Employment Law, Litigation

Trial court without jurisdiction over hearing examiner under CBA

May 1, 2013rhenry12598Leave a comment

City of Beaumont v Beaumont Professional Firefighters Local 399, NO. 14-12-00059-CV (Tex. App. – Houston [14th Dist.] April 30, 2013) This is related to an appeal from a hearing examiner’s award in which the trial court determined it did not have jurisdiction
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Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Sovereign Immunity

Professor loses in federal court due to pleading deficencies

May 1, 2013rhenry12598Leave a comment

Raj v Louisiana State University, et al, No. 12-30225, (5th Cir. April 19, 2013). Rai was a professor of biochemistry and obstetrics and gynecology at Louisiana State University (“LSU”) and brought claims for discrimination based on his race, religion, national origin, age,
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Constitutional Challenge, Nuisance, Public Works, Sovereign Immunity, Takings

City possibly liable for flooding due to development

May 1, 2013rhenry12598Leave a comment

The City of Austin v GHI Investments, LLC f/k/a GHI Partners, LLC, 03-12-00189-CV (Tex. App. – Austin April 30, 2013). This is an interlocutory appeal from the denial of the plea to the jurisdiction relating to inverse condemnation claims for flooding (takings
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Constitutional Challenge, Declaratory Judgments, Land Use

Federal judge writes with humor in denying SOB injunction.

April 30, 2013rhenry12598Leave a comment

35 Bar and Grill, et al v City of San Antonio, SA-13-CA-34-FB, U.S. District Court, Western District of Texas, San Antonio Division, April 29, 2013). Normally this appellate update is focused on appellate cases once opinions are issued. However, this U.S. District
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Litigation, Sovereign Immunity, TTCA

Temporary construction railing is “personal property” not a premise defect under Texas Tort Claims Act.

April 26, 2013rhenry12598Leave a comment

Harris County – Houston Sports Authority v Chilei, NO. 14-12-00380-CV (Tex. App. Houston [14 Dist.] April 25, 2012) Chilei sued Harris County – Houston Sports Authority (“HSA”) for negligence under the Texas Tort Claims Act for injuries sustained while performing electrical work
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Employment Law

Shift swaps not necessarily “reasonable accommodation” for religious conflicts in schedule

April 25, 2013rhenry12598Leave a comment

Antoine v. First Student, Inc., No. 11-31126, 2013 WL 1457528, 2013 U.S. App. LEXIS 7273 (5th Cir. Apr. 10, 2013). This is a religious accommodation case. Antoine was a bus driver for First Student operating for the Orleans Parish. Antoine never experienced
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Constitutional Challenge, Search and Seizure

U.S. Supreme Court holds warrantless blood draws invalid absent special exigent factors

April 20, 2013rhenry12598Leave a comment

Missouri v McNeely, 569 U. S. ____ , No. 11–1425, Slip op. (April 17, 2013) This is a U.S. Supreme Court case holding that metabolizing of alcohol is not a per se exigency that justifies a warrantless blood draw.  In this multi-concurring
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Litigation, Sovereign Immunity, TTCA

Notice of injury alone is not “actual notice” of claim under TTCA

April 20, 2013rhenry12598Leave a comment

Texas Department of Transportation, v Cash, NO. 09-12-00463-CV (Tex. App. – Eastland, April 18, 2013). This is a slip and fall case where the Court of Appeals reversed the denial of TxDOT’s Plea to the Jurisdiction.  Cash fell allegedly due to a
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Constitutional Challenge, Declaratory Judgments, Sovereign Immunity

No golf carts permitted from the Park and Ride.

April 19, 2013rhenry12598Leave a comment

Odutayo d/b/a Samaritan Park and Ride v City of Houston NO. 01-12-00132-CV (Tex. App. – Houston [1st Dist] April 18, 2013). Odutayo leases parking spaces and golf carts to customers attending Reliant Stadium.   In 2011 a golf cart driver was ticketed citing
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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
  • 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

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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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