A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea to the jurisdiction. Special contributing author Laura Mueller, City Attorney for Dripping Springs Edinburg Consol. Ind. Sch. Dist. V. Ayala,
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Jones v. Lubbock County Hosp. Dist., 19-11364, 2020 WL 6787549, at *1 (5th Cir. Nov. 18, 2020) This is an interlocutory appeal of a granting of summary judgment for the University Medical Center (“UMC”) and appealed by its former employee, Ricky Jones.
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Special contributing author Laura Mueller, City Attorney for Dripping Springs Norris Rogers v. Houston Community College, 14-18-00591-CV (Tex. App.—Houston [14th Dist.], July 14, 2020) (mem. op.). This case contains two claims: (1) disability discrimination under Texas Labor Code Section 21.105; and (2)
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Dillard v City of Austin, No. 15-50779 ( 5th Cir. September 16,2016) This is a disability discrimination case where the U.S. Fifth Circuit affirmed the granting of summary judgment for the City employer. After a car accident left Dillard with lingering injuries
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Arnold Jordan v. Tarrant County Hospital District d/b/a JPs Health Network, 07-16-00034-CV (Tex. App—Amarillo, August 2, 2016) This is an employment discrimination case where the Amarillo Court of Appeals affirmed the granting of the Hospital District’s summary judgment motion. Jordan alleges Tarrant
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Delaval v. PTech Drilling Tubulars, L.L.C. No. 15-20471 (5th Cir.- June 3rd 2016) This is an Americans with Disabilities Act case where the 5th Circuit affirmed the granting of the employer’s summary judgment. While not a government case, the standards utilized apply
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Cynthia A. Smith v. City of Austin, 03-12-00295-CV (Tex. App. – Austin, September 30, 2014) This is an employment dispute case under the ADA and Texas Commission on Human Rights Act (“TCHRA”) in which the Austin Court of Appeals affirmed the trial
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CITY OF HOUSTON v. SHAYN A. PROLER, 12-1006, –S.W.3d — (Tex. June 6, 2014) This is a disability discrimination case where the Court held that a firefighter who refuses to fight fires does not have a “disability” under either state or
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Jose Luis Pena v. County of Starr, 04-12-00462-CV (Tex. App. – San Antonio, December 18, 2013). This is an appeal from the granting of a summary judgment in an employment case involving disability, discrimination, retaliation, and FMLA claims which the 4th
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Neely v. PSEG Texas, Limited Partnership No. 12-51074 (5th Cir. November 6, 2013) This is an ADA case where the 5th Circuit Court of Appeals affirmed a trial court order requiring a finding of disability before any causal link can be
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