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Litigation

Appellate courts can consider new jurisdictional challenges first time on appeal says Texas Supreme Court.

August 23, 2013rhenry12598Leave a comment

  Dallas County v Logan, No. 12-0203 (Tex. August 23, 2013) This is an interlocutory appeal Texas Tort Claims Act case, but the issue before the Texas Supreme Court was whether the County could raising additional jurisdictional defenses on interlocutory appeal which
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Litigation

Company entitled to jury trial in suit filed by City says 13th Court of Appeals.

August 22, 2013rhenry12598Leave a comment

THEATRE COUNCIL PRODUCTIONS, LTD. v. CITY OF HARLINGEN, 3-12-00167-CV (Tex. App. – Corpus Christi, August 22, 2013). This is a commercial dispute where the City of Harlingen sued Theater Council Productions (“TCP”) after several Broadway musicals did not go on as planned
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Constitutional Challenge, Declaratory Judgments, Takings

County road “highway lore” insufficient to make private roadway public.

August 22, 2013rhenry12598Leave a comment

Wallace v Kent County, No. 07-11-00427-CV (Tex. App. – Amarillo, August 21, 2013) This case involved a determination of whether a roadway is a private road or a public road by implied dedication and prescriptive easement. Wallace owns a ranch in Kent
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Litigation, PIA

Expert’s litigation report is “super-public” under PIA once “completed” says 3rd Court of Appeals.

August 22, 2013rhenry12598Leave a comment

ICON Benefit Administrators II, L.Pet al  v. Greg Abbott, Attorney General of Texas; and The City of Lubbock, 03-11-00459-CV (Tex. App. – Austin August 22, 2013) This is a Public Information Act lawsuit where several companies sought to prevent the release of
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ADA, Employment Law

Simply entering into a drug treatment program does not protect employees under ADA says 5th Circuit.

August 21, 2013rhenry12598Leave a comment

Shirley v. Precision Castparts Corp. No. 12-20544 (5th Cir. August 12, 2013). This is an ADA and FMLA case where a terminated employee alleges his drug addiction was a “disability” precluding his termination. Brian Shirley was a twelve year press operator for
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Sovereign Immunity, TTCA

Injury by fellow student wrestler not a “premise defect” says 13th Court of Appeals.

August 15, 2013rhenry12598Leave a comment

University of Texas – Pan Am v Gonzalez, No. 13-13-00153-CV (Tex. App. – Corpus Christi, August 15, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction connected with a personal injury case. Gonzalez was enrolled in
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Agency, Constitutional Challenge, Litigation, Nuisance, Takings

Takings claims need not be brought within 30 days of structural standards appeal and law-of-the-case does not apply says Fourth Court.

August 14, 2013rhenry12598Leave a comment

Chin Wu v City of San Antonio, No. 04-10-00836-CV (Tex. Civ. App. – San Antonio August 14, 2013) This is a dangerous structure/takings opinion out of the San Antonio Court of Appeals.  This opinion withdrew the prior opinion issued on March 6,
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Litigation, Public Works, Sovereign Immunity, TTCA

Error in County records held to be the negligent use of motor-driven equipment says 14th Court of Appeals

August 13, 2013rhenry12598Leave a comment

Error in County records held to be the negligent use of motor-driven equipment says 14th Court of Appeals. Kilburn v. Fort Bend County Drainage District, 14-13-00011-CV (Tex. App. – Houston [14th Dist.], August 13, 2013). This is a Texas Tort Claim Act
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Employment Law, Litigation, Sovereign Immunity, TTCA

Court declines to rule on sovereign immunity, but dismisses on procedural grounds instead

August 8, 2013rhenry12598Leave a comment

Miller v Ector County Hospital District, No. 11-11-00221-CV (Tex. App. – Eastland, August 8, 2013). This is an employment case where the Plaintiff brought tort claims as a means to challenging his termination. The trial court granted the District’s plea to the
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Constitutional Challenge, Litigation

Religious freedom plaintiffs lose because they sent a letter by fax instead of certified mail holds 5th Circuit.

August 6, 2013rhenry12598Leave a comment

Morgan v. Plano Independent School District, No. 12-40493 (5th Cir. July 26, 2013) This is a Texas Religious Freedom Restoration Act (“TRFRA”) case against the Plano Independent School District.  Plano ISD argued that TRFRA’s pre-suit notice requirement is a jurisdictional prerequisite to
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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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