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Category: Sovereign Immunity

Contracts, Sovereign Immunity

 Hospital District potentially liable for breach of contract but not quantum meruit.

May 2, 2013rhenry12598Leave a comment

Dallas County Hospital District v Hospira Worldwide, Inc., No. 05-12-00902-CV (Tex. App. – Dallas April 30, 2013) In this interlocutory appeal, the Dallas County Hospital District (“DCHD”) appealed the denial of a plea to the jurisdiction.  Hospira invoiced DCHD for certain medical
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Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Sovereign Immunity

Professor loses in federal court due to pleading deficencies

May 1, 2013rhenry12598Leave a comment

Raj v Louisiana State University, et al, No. 12-30225, (5th Cir. April 19, 2013). Rai was a professor of biochemistry and obstetrics and gynecology at Louisiana State University (“LSU”) and brought claims for discrimination based on his race, religion, national origin, age,
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Constitutional Challenge, Nuisance, Public Works, Sovereign Immunity, Takings

City possibly liable for flooding due to development

May 1, 2013rhenry12598Leave a comment

The City of Austin v GHI Investments, LLC f/k/a GHI Partners, LLC, 03-12-00189-CV (Tex. App. – Austin April 30, 2013). This is an interlocutory appeal from the denial of the plea to the jurisdiction relating to inverse condemnation claims for flooding (takings
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Litigation, Sovereign Immunity, TTCA

Temporary construction railing is “personal property” not a premise defect under Texas Tort Claims Act.

April 26, 2013rhenry12598Leave a comment

Harris County – Houston Sports Authority v Chilei, NO. 14-12-00380-CV (Tex. App. Houston [14 Dist.] April 25, 2012) Chilei sued Harris County – Houston Sports Authority (“HSA”) for negligence under the Texas Tort Claims Act for injuries sustained while performing electrical work
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Litigation, Sovereign Immunity, TTCA

Notice of injury alone is not “actual notice” of claim under TTCA

April 20, 2013rhenry12598Leave a comment

Texas Department of Transportation, v Cash, NO. 09-12-00463-CV (Tex. App. – Eastland, April 18, 2013). This is a slip and fall case where the Court of Appeals reversed the denial of TxDOT’s Plea to the Jurisdiction.  Cash fell allegedly due to a
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Constitutional Challenge, Declaratory Judgments, Sovereign Immunity

No golf carts permitted from the Park and Ride.

April 19, 2013rhenry12598Leave a comment

Odutayo d/b/a Samaritan Park and Ride v City of Houston NO. 01-12-00132-CV (Tex. App. – Houston [1st Dist] April 18, 2013). Odutayo leases parking spaces and golf carts to customers attending Reliant Stadium.   In 2011 a golf cart driver was ticketed citing
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Litigation, Sovereign Immunity

Deputies not liable for knocking out suspect’s teeth

April 18, 2013rhenry12598Leave a comment

Franks v Zwicke, No. 04-12-00529-CV (Tex. App. – San Antonio, April 17, 2013) Franks is a pro se inmate who alleges deputies intentionally knocked out four of his teeth during his arrest for breaking into a county facility. The deputies filed a
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Contracts, Public Works, Sovereign Immunity

City liable for contract damages for property it could not legally purchase

April 5, 2013rhenry12598Leave a comment

Wight Realty Interests v City of Friendswood, NO. 01-11-01075-CV (Tex. Civ. App. – Houston [1st Dist], April 4, 2013) This is a breach of contract claim where the court of appeals determined the City waived its immunity.  The City and Wight entered
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Declaratory Judgments, Sovereign Immunity

City retains immunity in declaratory judgment suit even though party only sought a declaration of rights

April 3, 2013rhenry12598Leave a comment

City of Dallas v EZ Pawn, No. 05-12-01269-CV, (Tex. Civ. App. – Dallas April 2, 2013). The Fifth District Court of Appeals held the City of Dallas retains sovereign immunity under the Texas Uniform Declaratory Judgment Act when a plaintiff is merely
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Sovereign Immunity

Dismissal of governmental entity not allowed for Texas Tort Claims Act claims even if employee is sued.

March 22, 2013rhenry12598Leave a comment

Texas Parks and Wildlife Department v Ruiz, No. 13-11-00789-CV, (Tex. Civ. App. – Corpus Christi, March 21, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction arising out of an automobile accident.  This case is applying
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Recent Posts

  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call
  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated

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  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call

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