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Author: rhenry12598

Constitutional Challenge, Eminent Domain, Litigation, Takings

Inverse condemnation claims allowed to go forward according to 13th Court of Appeals

March 13, 2014rhenry12598Leave a comment

CITY OF CORPUS CHRISTI v. SCORPIO DEVELOPMENT, LLC., 13-13-00445-CV (Tex. App. – Corpus Christi, March 13, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction in an inverse condemnation case which the 13th Court of Appeals
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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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Employment Law, Litigation, Whistleblower

Police chief’s report of trespass not made in good faith under Whistleblower Act says 7th Court of Appeals

February 28, 2014rhenry12598Leave a comment

  City of Fritch v. Kirk Coker, 07-13-00287-CV (Tex. App. – Amarillo, February 27, 2014) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Whistleblower Act case in which the Amarillo Court of Appeals reversed,
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Employment Law, Sovereign Immunity

No waiver-by-conduct recognized, but Austin Court of Appeals does not elaborate on the type of case

February 27, 2014rhenry12598Leave a comment

  Kevin Ficke v. Tommy Ratliff; Hays County Sheriff’s Department, 03-13-00136-CV (Tex. App. – Austin, February 27, 2014) This is an appeal by a former employee from the granting  the County’s plea to the jurisdiction which the Austin Court of Appeals affirmed.
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Declaratory Judgments, PIA

No case or controversy exists once tenant City leaves property says Dallas Court of Appeals

February 27, 2014rhenry12598Leave a comment

Neil Noble v. City of Dallas, 05-13-01103-CV (Tex. App. – Dallas, February 26, 2014) This is a Public Information Act (“PIA”) suit, but with a twist of an attempted eviction.  Noble filed a PIA request which, after suit, he ultimately obtained. Before
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Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

Mayor still remains as defendant in trespass-to-try title lawsuit

February 27, 2014rhenry12598Leave a comment

  Mayor Annise Parker, in her individual and official capacity v. Afework Hunegnaw, 14-13-00031-CV (Tex. App. – Houston [14th Dist.], February 27, 2014). Mayor Parker appeals the denial of her second amended plea to the jurisdiction in this trespass-to-try-title suit. The 14th
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Discrimination, Employment Law, Retaliation

Director terminated for sexual harassment unable to establish discriminatory basis says 4th Court of Appeals

February 26, 2014rhenry12598Leave a comment

  Adolfo F. Rodriguez v. City of Poteet, 04-13-00274-CV (Tex. App. – San Antonio, February 26, 2014) This is an age discrimination and retaliation case where the trial court granted the City’s traditional motion for summary judgment and the 4th Court of
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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
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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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