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    • Ryan Scott Henry
    • Joshua Galicia
    • Alyssa J. Castillon
    • Michael McCann
    • Sonya Herrera
    • Lloyd Newton
    • Charles Willette, Jr.
    • Brenna Green
    • Jessica Mabs Johnson
    • Elizabeth Parra-Cox
    • Ashley S. Tello
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Law Office Of Ryan Henry
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Category: Procedure

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 […]

December 27, 2021Declaratory Judgments, Eminent Domain, Litigation, Procedure, Sovereign Immunity, Takings

Fort Worth Court of Appeals holds one city was not entitled to a plea to the jurisdiction in condemnation suit brought by adjoining city

Town of Westlake, Texas v. City of Southlake, 02-21-00241-CV  (Tex. App. – Fort Worth, Dec. 23, 2021) This is an interlocutory appeal […]

December 2, 2021Declaratory Judgments, Health and Safety, Injunction, Land Use, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings, Zoning

Texarkana holds city properly supported its summary judgment to permanently enjoin mobile home park

Polecat Hill, LLC, et al. v. City of Longview, Texas, et al. 06-20-00062-CV (Tex. App. – Texarkana, December 2, 2021). This is […]

November 28, 2021Attorney Fees, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Amarillo Court of Appeals holds fire marshal’s office employs firefighters who are entitled to civil service protection

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-20-00315-CV, (Tex. App – Amarillo, Nov. 18, 2021) […]

November 10, 2021Discrimination, Employment Law, Litigation, Procedure

Notice of a termination is the date on which the 180-day clock starts for claims of employment discrimination under state law regardless of internal appeals of the termination.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Monte Alto I.S.D. v. Patricia Orozco, No. 13-21-00136-CV (Tex. App.—Corpus Christi Nov. […]

November 3, 2021Contracts, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, Takings, Ultra Vires, Vested Rigths

First Court of Appeals holds 380 development agreement was an agreement for goods and services (waiving immunity) but dismissed all other claims brought against the City by the developer

Town Park Center, LLC v. City of Sealy, Texas, Janice Whitehead, Mayor, Lloyd Merrell, City Manager and Warren Escovy, Assistant City Manager, […]

November 2, 2021Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Takings

The plaintiff failed to show that damages were insufficient in a condemnation case where there was sufficient evidence supporting the judgment of the trial court.  

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Castellanos v. Harris County, Texas and City of Baytown, Texas., No. […]

October 18, 2021Litigation, Procedure, Sovereign Immunity, TTCA

Passenger in pickup truck injured during a car accident failed to timely sue within limitations says First District Court of Appeals

Andre Gibbs v. The City of Houston, 01-20-00570-CV, (Tex. App – Houston [1st Dist], Oct. 12, 2021) This is a Texas Tort […]

October 18, 2021Discrimination, Employment Law, Litigation, Procedure

Tyler Court of Appeals holds EEOC complainant’s deadline to file suit begins to run when his complaint is received by the EEOC, not when the appeal is perfected

  Gunter P. Coffey v. Texas Parks and Wildlife Department, 12-21-00015-CV, (Tex. App – Tyler, Oct. 6, 2021) This is an employment […]

September 22, 2021Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sign Regulation, Sovereign Immunity, Structural Standards

Tyler Court of Appeals holds a motion for new trial did not extend the time to perfect an accelerated appeal

SignAd, Ltd. V. The City of Hudson, 12-21-00056-CV, (Tex. App – Tyler, Sept. 15, 2021) This case is mainly procedural, and the […]

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Recent Posts

  • Texas Supreme Court holds one public entity is not immune from condemnation suit filed by another
  • San Antonio Court of Appeals holds civil service protection does not allow applicants to appeal to district court who do not already fall under control of a specific commission
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  • Texas Supreme Court explains plaintiffs’ burdens to defeat a plea to the jurisdiction under Texas Tort Claims Act
  • 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.

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