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Category: Litigation

Litigation, Official/Qualified Immunity

Police officer of private university not permitted interlocutory appeal for official immunity.

November 15, 2013rhenry12598Leave a comment

  William Marsh Rice University and Gary Spears v. Rasheed Rafaey, 14-13-00235-CV (Tex. App. – Houston [14th Dist.] November 7, 2013). This case is of interest to litigators since it deals with the ability of a police officer to file an interlocutory
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Elections, Litigation

Election dispute moot after voters decision

November 15, 2013rhenry12598Leave a comment

  Cargill v. Jaime Adan Ballesteros, 03-12-00629-CV (Tex. App. – Austin, November 6, 2013). Cargill challenged the outcome of the election for constable and asserted claims for tortious interference with his right to seek office.  The trial court dismissed the claims and
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Litigation, TTCA

Treating Physician’s listing on disclosures sufficient to allow testimony of causation says 4th Court of Appeals.

November 8, 2013rhenry12598Leave a comment

  City of Laredo v Limon, No. 04-12-00616-CV (Tex. App. – San Antonio, November 6, 2013). This is a TTCA automobile accident case where the City of Laredo appeals a trial verdict where a treating physician was permitted to testify as to
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Constitutional Challenge, Employment Law, Litigation, Sec. 1983, Whistleblower

Whistleblower jury award upheld by 14th Court of Appeals

October 31, 2013rhenry12598Leave a comment

Alief Independent School District, Dan Turner and Henry Bonaparte v. Troy Perry, 14-12-00532-CV (Tex. App. – Houston [14th Dist.] October 31, 2013). This is a Texas Whistleblower Act suit where Plaintiff Perry was a “gang officer” for Alief ISD police force. Perry
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Eminent Domain, Litigation

Texas Supreme Court holds successful lawyer against City failed to establish proper attorney’s fees.

October 25, 2013rhenry12598Leave a comment

City of Laredo v Montano, et al, No. 12-0274 (Tex. October 25, 2013). This is an eminent domain case (mainly for litigators)  released today from the Texas Supreme Court  appealing a jury determination that the City’s condemnation of certain property was not for
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Agency, Discrimination, Employment Law, Litigation, Retaliation

ALJ F-5 determination not preclusive in federal Uniformed Services Employment suit says 5th Circuit.

October 23, 2013rhenry12598Leave a comment

Bradberry v. Jefferson County, Texas No. 12-41040 (5th Cir. October 17, 2013). This is an employment case where a former deputy sheriff claims he was terminated after returning from his two-week U.S. Army Reserve obligation in violation of the Uniformed Services Employment
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Agency, Finance, Litigation, Uncategorized

Corporation and officer both personally liable for government debt rules Third Court of Appeals.

October 22, 2013rhenry12598Leave a comment

Anderson Petro-Equipment, Inc. and Curtis Ray Anderson v. The State of Texas, No. 03-13-00176-CV (Tex. App. – Austin, October 22, 2013). In this suit the State of Texas sued the Anderson defendants (corporation and individual officer) for costs associated with plugging an
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Agency, Declaratory Judgments, Elections, Litigation, Preemption

9th Court interprets elections after Voting Rights Act declared unconstitutional by U.S. Supreme Court.

October 17, 2013rhenry12598Leave a comment

Rodriguez, et al.  v. Beaumont Independent School District, et al.,  No. 09-13-00434-CV (Tex. App. – Beaumont, October 17, 2013) In this case the Beaumont Court of Appeals was asked to see how the recent U.S. Supreme Court declaration that portions of the
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Litigation, Public Works, Sovereign Immunity, TTCA

Police and maintenance reports insufficient to establish actual awareness by City of its alleged fault under TTCA

October 16, 2013rhenry12598Leave a comment

City of San Antonio and City Public Service n/k/a CPS Energy v. Joel Herrera, 04-13-00304-CV (Tex. App. – October 16, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction involving a car accident in which Plaintiff
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Employment Law, Litigation, Retaliation

Jury verdict for gay employee’s retaliation claim thrown out since his report was not legally sufficient

October 15, 2013rhenry12598Leave a comment

Jury verdict for gay employee’s retaliation claim thrown out since his report was not legally sufficient Raymond Michael Lee v. Harris County Hospital District, 01-12-00311-CV (Tex. App. – Houston [1st District], October 15, 2013). This is an employment retaliation case of interest
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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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