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Category: Litigation

Employment Law, Litigation, Sovereign Immunity, TTCA

Court declines to rule on sovereign immunity, but dismisses on procedural grounds instead

August 8, 2013rhenry12598Leave a comment

Miller v Ector County Hospital District, No. 11-11-00221-CV (Tex. App. – Eastland, August 8, 2013). This is an employment case where the Plaintiff brought tort claims as a means to challenging his termination. The trial court granted the District’s plea to the
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Constitutional Challenge, Litigation

Religious freedom plaintiffs lose because they sent a letter by fax instead of certified mail holds 5th Circuit.

August 6, 2013rhenry12598Leave a comment

Morgan v. Plano Independent School District, No. 12-40493 (5th Cir. July 26, 2013) This is a Texas Religious Freedom Restoration Act (“TRFRA”) case against the Plano Independent School District.  Plano ISD argued that TRFRA’s pre-suit notice requirement is a jurisdictional prerequisite to
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Agency, Discrimination, Employment Law, Litigation

Court properly instructed jury on 300 day employment discrimination deadline says 14th Court of Appeals

July 30, 2013rhenry12598Leave a comment

  Esters v. Texas Department of Transportation, et al, No. 14-11-00977-CV (Tex. App. Houston [14th Dist.] July 30, 2013.) This is an employment discrimination case where the central issue turns on the 300 day statutory deadline for filing a claim. Plaintiff Esters,
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Litigation, Sovereign Immunity

City’s standing challenge in annexation suit does not encompass an analysis of the merits says 3rd Court of Appeals.

July 25, 2013rhenry12598Leave a comment

Cokins, et al v City of Lakeway, No. 03-12-00083-CV (Tex. App. Austin, July 25, 2013). This is an annexation dispute where the trial court granted the City of Lakeway’s plea to the jurisdiction and the various property owners appealed. The City annexed
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Board of Adjustment, Land Use, Litigation

Some evidence supports Board of Adjustment holding so trial court abused its discretion in reversing says Fourth Court of Appeals.

July 3, 2013rhenry12598Leave a comment

Board of Adjustment for the City of San Antonio, et al v. Kennedy, et al., 04-12-00757-CV (Tex. App. – San Antonio July 3, 2013). This is an appeal from a Board of Adjustment decision where the Court of Appeals did a detailed
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Contracts, Litigation, Sovereign Immunity, TTCA

EDC not a governmental entity for sovereign immunity purposes says Fourth Court of Appeals.

June 21, 2013rhenry12598Leave a comment

Leon Valley Economic Development Corp. v Little,  No. 04-12-00142-CV  (Tex. App. – San Antonio, June 19, 2013) In this case the Fourth Court of Appeals held that a Type B economic development corporation is not a governmental entity entitled to sovereign/governmental immunity
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Search and Seizure, Sec. 1983

Mother’s claims for release of sexual orientation information of daughter dismissed.

June 15, 2013rhenry12598Leave a comment

Wyatt v. Fletcher No. 11-41359 (5th Cir. May 31, 2013). This is essentially a privacy claim for information known to the entity and released to the parent.  For cities which have programs, community centers, and other situations where information about minors is
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Declaratory Judgments, Litigation, Nuisance, Takings

Associations have standing to challenge Austin’s tunneling under parkland

June 9, 2013rhenry12598Leave a comment

  Spicewood Springs Road Tunnel Coalition, et al v City of Austin, et al., No. 03-11-00260-CV (Tex. App. – Austin June 6, 2013). This is more of a litigator case turning on the standing of several associations to challenge the City of
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Litigation, Uncategorized

Section 8 tenant failed to properly plead case against Housing Authority

June 9, 2013rhenry12598Leave a comment

  Latrenia E. Pleasant v. Nacogdoches Housing Authority of the City of Nacogdoches, Texas, No. 06-13-00008-CV (Tex. App. Texarkana June 6, 2013). When the Nacogdoches Housing Authority (“NHA”) terminated Pleasant’s renter assistance funding she sued alleging race and disability discrimination, negligence, and
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Litigation, Nuisance

Plaintiff Gas Station did not plead proper standing for “takings” claim, but given a chance to fix it.

June 8, 2013rhenry12598Leave a comment

State of Texas v Momin Properties, No. 01-12-00854-CV, (Tex. App. Houston [1st Dis.] June 6, 2012) This is an inverse condemnation case brought up via interlocutory appeal from a denial of a plea to the jurisdiction. The State built an overpass on
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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
  • 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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