Procedure – Law Office Of Ryan Henry

March 2, 2023Constitutional Challenge, Employment Law, Procedure

An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of employment due process.

An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of […]

September 16, 2022Litigation, Procedure, Sovereign Immunity, TTCA

Texas Supreme Court holds Plaintiff’s employer properly filed notice of claim under city charter on behalf of employee

Leonarda Leach v City of Tyler, 21-0606 (Tex. September 16, 2022), per curiam. This is a Texas Tort Claims Act (“TTCA”) […]

August 20, 2022Agency, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity

Amarillo Court of Appeals holds AG had no jurisdiction to enforce specific gun sign against county

Waller County, Texas, et al. v. Ken Paxton, Texas Attorney General (Tex. App. — Amarillo, August 17, 2022) Ken Paxton, Attorney General […]

April 11, 2022Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity

Texas Supreme Court holds the law requires more than conclusory references to the statute’s elements in order to waive immunity

Patrick Von Dohlen, et. al., v City of San Antonio, 20-0725 (Tex. April 1, 2022) This is a declaratory judgment – statutory […]

February 14, 2022Litigation, Procedure, Sovereign Immunity, TTCA

The emergency exception to the Tort Claims not grounds for jurisdictional plea when factual disputes exist regarding an officer’s recklessness

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Houston v. Crystal Green, No. 14-20-00190-CV (Tex. App.—Houston [14th Dist.] […]

February 14, 2022Litigation, Procedure, Public Works, TTCA

Fort Worth Court of Appeals held plaintiffs’ pleadings defective in flood/drowning case but remanded to allow plaintiffs to replead

City of Fort Worth v. Soledad Alvarez, et al. 02-20-00408-CV (Tex. App. – Fort Worth, February 10, 2022) This is a Texas […]

February 4, 2022Agency, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Procedure

Fort Worth Court of Appeals affirms trial court’s authority under Civil Service Act to vacate a hearing examiner award, remand for a rehearing, and require a separate hearing examiner

Shea O’Neill v. City of Fort Worth, 02-21-00214-CV (Tex. App. – Fort Worth, Feb 3, 2022) This is a civil service case […]

February 1, 2022Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

14th Court of Appeals holds officer was not entitled to official immunity – proper focus is on the actions which caused the plaintiff’s injury, not on the overall investigation the officer was performing

Nicholas Hulick v. City of Houston, 14-20-00424-CV (Tex. App. Houston [14th Dist.], Feb. 1, 2022) This is a Texas Tort Claims Act […]

January 25, 2022Agency, Board of Adjustment, Declaratory Judgments, Injunction, Litigation, Procedure, Zoning

Lubbock Court of Appeals affirmed board of adjustment condition to re-evaluate variance request after a set number of years

MVP Raider Park Garage, LLC. V Zoning Board of Adjustment of City of Lubbock, et al, 07-20-00261-CV (Tex. App. – Lubbock, Jan. […]

January 4, 2022ADA, Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

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.

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea […]