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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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Employment Law

Shift swaps not necessarily “reasonable accommodation” for religious conflicts in schedule

April 25, 2013rhenry12598Leave a comment

Antoine v. First Student, Inc., No. 11-31126, 2013 WL 1457528, 2013 U.S. App. LEXIS 7273 (5th Cir. Apr. 10, 2013). This is a religious accommodation case. Antoine was a bus driver for First Student operating for the Orleans Parish. Antoine never experienced
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Constitutional Challenge, Search and Seizure

U.S. Supreme Court holds warrantless blood draws invalid absent special exigent factors

April 20, 2013rhenry12598Leave a comment

Missouri v McNeely, 569 U. S. ____ , No. 11–1425, Slip op. (April 17, 2013) This is a U.S. Supreme Court case holding that metabolizing of alcohol is not a per se exigency that justifies a warrantless blood draw.  In this multi-concurring
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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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Takings

City not liable for destroying driveway to construction site

April 17, 2013rhenry12598Leave a comment

Agbolade O. Odutayo and Bonita Odutayo v. City of Houston, 01-12-00217-CV (Tex. App. –  Houston [1st Dist] April 16, 2013). The First District Court of Appeals affirmed the granting of a plea to the jurisdiction in this inverse condemnation suit regarding a
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Nuisance, Zoning

Owner not liable for demolished historic building says 5th Dist. Court of Appeals

April 17, 2013rhenry12598Leave a comment

Texas West End, Inc v. City of Dallas and Texas Historical Commission, 05-11-00582-CV, (Tex. App. – April 15, 2013) This is a historic building demolition case.  The Missouri, Kansas & Texas Railway freight station was a building for which the TCI West
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PIA

AG improperly opined trade secrets must be released under PIA.

April 12, 2013rhenry12598Leave a comment

Waste Management of Texas, Inc. v Greg Abbott, 11-11-00112-CV (Tex. Civ. App. – Eastland, April 11, 2012). This is a Public Information Act (“PIA”) case against the Texas Attorney General (“AG”). Essentially, a PIA request was made for Waste Management’s (“WM”) “waste
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Eminent Domain, Takings

Tx. Sup. Ct holds judgment void in land transfer even though city signed it.

April 6, 2013rhenry12598Leave a comment

TEXAS DEPARTMENT OF TRANSPORTATION AND CITY OF EDINBURG v. A.P.I. PIPE AND SUPPLY, No. 10-1020 (Tex.  April 5, 2013) In an inverse-condemnation dispute, two judgments (one in 2003 and one in 2004) conflict as to the extent of the state’s easement. In
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Recent Posts

  • 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
  • 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

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  • 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

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