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Category: TTCA

Declaratory Judgments, Sovereign Immunity, TTCA

Sovereign immunity bars declaratory and injunctive relief says 1st Court of Appeals

May 31, 2013rhenry12598Leave a comment

  Board of Trustees of Galveston Wharves v O’Rourke, NO. 01-10-01115-CV (Tex. App. Houston [1st Dist.] May 30, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction arising out of claims for invasion of privacy, civil
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Sovereign Immunity, TTCA

Mere Involvement of property insufficient to waive immunity and information is not tangible property says 14th Court of Appeals

May 31, 2013rhenry12598Leave a comment

University of Texas Medical Branch at Galveston v Kai Hui Qi, NO. 14-12-00581-CV (Tex. App. – Houston [14th Dist.] May 30, 2013). This is a negligent use of tangible personal property case under the Texas Tort Claims Act (“TTCA”). Qi delivered a
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Public Works, Sovereign Immunity, TTCA

City immune from trespass after all says 13th Court of Appeals on rehearing

May 17, 2013rhenry12598Leave a comment

Redburn v City of Victoria, 13-12-00215-CV, (Tex. Civ. App. – Corpus Christi, May 16, 2013, on rehearing). Back in February I reported this case which essentially held that the City and its employees could be held responsible for trespass claims. To read
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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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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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