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Category: Litigation

Litigation, TTCA

Inmate slip-and-fall dismissed for failing to follow Chapter 14 at appellate level

March 14, 2014rhenry12598Leave a comment

Frey v. Donnie Foster, Sheriff of Fannin County, et al., 06-13-00086-CV (Tex. App. – Texarkana, March 14, 2014). This is a slip-and-fall premise defect case brought by an inmate and is governed by Chapter 14 of the Texas Civil Practices and Remedies
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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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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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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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Contracts, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

No waiver of immunity to compel TxDMV to comply with contract

February 19, 2014rhenry12598Leave a comment

  Texas Department of Motor Vehicles v. Pinnacle Motors, 04-13-00496-CV (Tex. App. –  San Antonio, February 19, 2014) This is an interlocutory appeal from the denial of a plea to the jurisdiction arising from a breach of contract suit. The San Antonio
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Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

City immune from attorney’s fee under declaratory judgment claims says 4th Court of Appeals.

February 19, 2014rhenry12598Leave a comment

  The City of San Antonio v. The Rogers Shavano Ranch, Ltd., et al, 04-13-00623-CV (Tex. App. – San Antonio, February 19, 2014) This is a limited scope opinion on whether a plaintiff can recover attorney’s fees under the Uniform Declaratory Judgment
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Litigation, Official/Qualified Immunity, TTCA

Fire truck driver entitled of official immunity says 5th Court of Appeals

January 20, 2014rhenry12598Leave a comment

City of Dallas v. Brian Loncar, Sue Loncar, et al, 05-12-00705-CV, (Tex. App – Dallas, January 16, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction involving a vehicle collision at an intersection between Loncar and
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Discrimination, Employment Law, Litigation, Retaliation

Alleged incorrectness of reason for employee termination does not equate to pretext.

January 8, 2014rhenry12598Leave a comment

  Joe A. Zuniga v. The City of San Antonio, 04-13-00142-CV (Tex. App. – San  Antonio, January 8, 2014). This is an employment case where the San Antonio Court of Appeals affirmed summary judgment for the City noting Zuniga did not rebut
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Discrimination, Employment Law, Litigation

Findings of Fact means MSJ order improper and EEOC piggybacking allowed says Eastland Court of Appeals

January 2, 2014rhenry12598Leave a comment

  Jimmy Wilsher, et al  v. City of Abilene, 11-11-00355-CV (Tex. App. – Eastland, December 31, 2013) This is an age discrimination case brought by former City employees. The trial court dismissed all claims but the Eastland Court of Appeals reversed and
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Litigation, Sovereign Immunity, TTCA

EDC held to be a governmental entity again. . . well sort of.

January 2, 2014rhenry12598Leave a comment

City of Leon Valley Economic Development Corporation v. Larry Little, 04-12-00142-CV (Tex. App. – San Antonio, December 30, 2013). This opinion withdrew a prior opinion of June 19, 2013 (summary found here) and substituted this opinion. In the original opinion, the Fourth
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Recent Posts

  • 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
  • Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk
  • 14th Court of Appeals holds Plaintiff in vehicle accident failed to estbalish City recieved a proper notice of claim or actual knowledge of the claim within deadline so case was dismissed

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  • 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

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