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Category: Litigation

Litigation, PIA, Sovereign Immunity, TTCA

Sovereign Immunity can prevent Rule 202 pre-suit discovery. .. maybe

August 29, 2013rhenry12598Leave a comment

Sovereign Immunity can prevent Rule 202 pre-suit discovery. .. maybe Susan Combs, Texas Comptroller of Public Accounts v. The Texas Civil Rights Project et al, No. 03-11-00538-CV (Tex. App. Austin, August 29, 2013). OK, this one has some interesting holdings which can
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Litigation, PIA

Court has no jurisdiction under PIA until AG issues a ruling says 1st District Court of Appeals

August 29, 2013rhenry12598Leave a comment

  City of Houston v. Kallinen et al, No. 01-12-00050-CV (Tex. App. – Houston [1st Dist.], August 29, 2013) This is a Public Information Act (“PIA”) case where Kallenen sought to compel through mandamus the release of information regarding the City’s red
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Litigation, Sovereign Immunity, Ultra Vires

Mandamus issued to compel discovery against property owner

August 29, 2013rhenry12598Leave a comment

In Re: Titus County, Texas, 06-13-00050-CV (Tex. App. – Texarkana, August 28, 2013). This is really a trial procedural case for condemnation proceedings. Unless you’re a litigator or are involved in condemnation right now, this may not be of interest. For those
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Litigation, Sovereign Immunity, TTCA

Police car did not cause the accident so no waiver of immunity says 4th Court of Appeals

August 29, 2013rhenry12598Leave a comment

Police car did not cause the accident so no waiver of immunity says 4th Court of Appeals Lopez, et al v. Escobar, 04-13-00151-CV (Tex. App. – San Antonio, August 28, 2013). This is an interlocutory appeal from the denial of a plea
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Annexation, Declaratory Judgments, Land Use, Litigation, Takings

General law City’s annexation proper despite lack of specific consent

August 23, 2013rhenry12598Leave a comment

Waterway Ranch, LLC v. City of Annetta, 02-12-00309-CV (Tex. App. – Fort Worth, August 23, 2013). This is a case challenging an annexation by the City of Annetta, a general law Type A municipality.  As a general law city, with certain exceptions,
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Litigation

Appellate courts can consider new jurisdictional challenges first time on appeal says Texas Supreme Court.

August 23, 2013rhenry12598Leave a comment

  Dallas County v Logan, No. 12-0203 (Tex. August 23, 2013) This is an interlocutory appeal Texas Tort Claims Act case, but the issue before the Texas Supreme Court was whether the County could raising additional jurisdictional defenses on interlocutory appeal which
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Litigation

Company entitled to jury trial in suit filed by City says 13th Court of Appeals.

August 22, 2013rhenry12598Leave a comment

THEATRE COUNCIL PRODUCTIONS, LTD. v. CITY OF HARLINGEN, 3-12-00167-CV (Tex. App. – Corpus Christi, August 22, 2013). This is a commercial dispute where the City of Harlingen sued Theater Council Productions (“TCP”) after several Broadway musicals did not go on as planned
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Litigation, PIA

Expert’s litigation report is “super-public” under PIA once “completed” says 3rd Court of Appeals.

August 22, 2013rhenry12598Leave a comment

ICON Benefit Administrators II, L.Pet al  v. Greg Abbott, Attorney General of Texas; and The City of Lubbock, 03-11-00459-CV (Tex. App. – Austin August 22, 2013) This is a Public Information Act lawsuit where several companies sought to prevent the release of
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Agency, Constitutional Challenge, Litigation, Nuisance, Takings

Takings claims need not be brought within 30 days of structural standards appeal and law-of-the-case does not apply says Fourth Court.

August 14, 2013rhenry12598Leave a comment

Chin Wu v City of San Antonio, No. 04-10-00836-CV (Tex. Civ. App. – San Antonio August 14, 2013) This is a dangerous structure/takings opinion out of the San Antonio Court of Appeals.  This opinion withdrew the prior opinion issued on March 6,
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Litigation, Public Works, Sovereign Immunity, TTCA

Error in County records held to be the negligent use of motor-driven equipment says 14th Court of Appeals

August 13, 2013rhenry12598Leave a comment

Error in County records held to be the negligent use of motor-driven equipment says 14th Court of Appeals. Kilburn v. Fort Bend County Drainage District, 14-13-00011-CV (Tex. App. – Houston [14th Dist.], August 13, 2013). This is a Texas Tort Claim Act
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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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