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Author: rhenry12598

Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

Trial court did not follow 5th Circuit procedures on qualified immunity determination so must try again says panel.

May 1, 2014rhenry12598Leave a comment

Zapata v. Melson No. 13-40762 (5th Cir., April 18, 2014). This is an interlocutoray Bivens qualified immunity appeal where the family of a deceased immigration agent and a surviving agent brought suit after being ambushed by drug cartel in Mexico using weapons
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Contracts, Litigation, Sovereign Immunity, TTCA

Immunity shielded entity and employee from tort claims but not contract claims for self-funded benefits plan

May 1, 2014rhenry12598Leave a comment

SOUTH COAST SPINE & REHABILITATION PA v. BROWNSVILLE INDEPENDENT SCHOOL DISTRICT, HECTOR G. AYALA JR., AND GWENDOLYN S. HAUGHT, 13-11-00270-CV (Tex. App. – Corpus Christy, April 30, 2014). South Coast Spine & Rehabilitation, P.A. (“South Coast”) appeals the trial court’s grant of
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Health and Safety, Nuisance

Property owner’s suit frivolous after challenging nuisance and demolition determination

April 30, 2014rhenry12598Leave a comment

Marilyn Stewart v. The City of San Antonio 04-13-00720-CV (Tex. App. – San Antonio, April 30, 2014). The underlying suit arises out of a structural standards commission determination a building is substandard and ordering its demolition. Stewart was a lienholder and possible
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Constitutional Challenge, Contracts, Declaratory Judgments, Litigation, Public Works, TOMA, TTCA

Trial court has jurisdiction to hear breach of contract and tort claims for trench expansion

April 30, 2014rhenry12598Leave a comment

City of New Braunfels, Texas v. Carowest Land, Ltd 03-11-00699-CV (Tex. App. – Austin, April 30, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction arising out of a dispute where the City’s public works project
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Sovereign Immunity, TOMA

Car stop was an emergency situation entitling City to immunity after police dog bit Plaintiff

April 24, 2014rhenry12598Leave a comment

The City of Houston v Stephon Lamar Davis, 01-13-00600-CV (Tex. App.- Houston[1st Dist.], April 24, 2014) This is an interlocutory appeal from the trial court’s denial of the City of Houston’s plea to the jurisdiction in a police dog bite case under
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Sovereign Immunity, TTCA

Accident report put City on actual notice of its fault in causing accident and injury

April 24, 2014rhenry12598Leave a comment

Melina Ortiz-Guevara v. City of Houston, 14-13-00384-CV (Tex. App. – Houston, April 22, 2014) This is a Texas Tort Claims Act case arising from a vehicle accident, but the case turns on whether or not the City had “actual notice” of its
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Nuisance, Sovereign Immunity, TTCA

Sewer line suit dismissed for lack of jurisdiction

April 24, 2014rhenry12598Leave a comment

The City of Madisonville v. Theresa Murders and Martina Maldonado, 10-13-00234-CV (Tex. App. – Waco, April 17, 2014) This is a Texas Tort Claims Act case where the Plaintiffs brought suit against the City and contractor alleging damages after the City replaced
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Contracts, Discrimination, Employment Law

Officers win disparate impact suit against City for reorganization (substituted opinion)

April 24, 2014rhenry12598Leave a comment

City of Austin v. Raymond E. Chandler, et al., 03-12-00057-CV (Tex. App. – Austin, April 18, 2014). This is a substituted opinion for one the court issued on February 7, 2014. The original summary and opinion can be found here. Essentially, several
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Contracts, Litigation, Sovereign Immunity, TTCA

No waiver of immunity under Prompt Pay Act, even for contracts for goods or services under Chapter 271

April 17, 2014rhenry12598Leave a comment

City of Midland v. M.T.D. Environmental, L.L.P., 11-13-00117-CV (Tex. App. – Eastland, April 17, 2014). This is a governmental immunity in a breach of contract case where the Eastland Court of Appeals held that simply because immunity from suit is waived under
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Litigation, Sovereign Immunity, TTCA

Operation or use of motor driven equipment does not include maintenance and employee control must be direct says 6th Court of Appeals

April 17, 2014rhenry12598Leave a comment

Mt. Pleasant Independent School District v. Dona K. Elliott, 06-13-00115-CV (Tex. App. – Texarkana, April 17, 2014). This is a Texas Tort Claims Act case arising from a bus accident allegedly due to malfunctioning brakes. In this interlocutory appeal the Texarkana Court
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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
  • 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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