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References in medical records were insufficient to provide Texas Tort Claims Act notice of claim says Fort Worth Court of Appeals

University of North Texas Health Science Center v. Jessica Jimenez, Jennifer Galo, Catherine Frank, in Their Individual Capacities, and William Tyler II, as Independent Administrator of the Estate of Pamela J. Knight, Deceased, 02-16-00368-CV (Tex.App— Fort Worth, August 3, 2017) … Continue reading

San Antonio Court of Appeals holds river authority can be compelled to attend contract arbitration

San Antonio River Authority v. Austin Bridge & Road, L.P. and Hayward Baker Inc. 04-16-00535-CV ( Tex.App— San Antonio, August 9, 2017) This is an interesting case where the issue of sovereign immunity impacts whether an entity is a “party’ … Continue reading

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14th Court of Appeals holds taxpayers have standing to challenge ballot propositions and bring ultra vires claims

Slvester Turner,  in his official capacity as mayor of the City of Houston, and the City of Houston v. Carroll G. Robinson, Bruce R. Hotze and Jefferey N. Daily, No.14-16-00393-CV ( Houston [ 14th Dist.] August 17, 2017) The Fourteenth … Continue reading

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13th Court of Appeals affirms take nothing judgment in favor of TxDOT for premise liability/flooding death case

  Geoffrey Lucker v. Texas Department of Transportation 13-16-00380-CV( Tex.App—Corpus Christi, August 3, 2017) This is a premise liability case where the 13th Court of Appeals affirmed the granting of jury verdict in favor of TxDOT TxDOT received information water … Continue reading

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14th Court of Appeals holds administering drug is the “use” of tangible personal property for immunity purposes

University of Texas M.D. Anderson Cancer Center v. Lance McKenzie, Individually and as Representative of the Estate of Courtney McKenzie-Thue (Deceased), Deborah Diver, Individually and As Next Friend of Jensen O’Hara, a Minor 14-16-00681-CV (Tex.App—Houston [14th District] August 3, 2017) … Continue reading

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Officer and Police Chief entitled to dismissal under sec. 101.106(f) of Texas Tort Claims Act after alleged assault during arrest

John M. Donohue v. City of Boerne Chief of Police James Koehler, Officer Pablo Morales, and Martha L. Donohue, 04-16-00190-CV ( Tex.App—San Antonio, March 8,2017) This is a Texas Tort Claims Act case where the San Antonio Court of Appeals … Continue reading

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State immune from suit for mineral interest relating back to Spanish land grant

Galan Family Trust v. State of Texas, et al, 03-15-00816-CV (Tex.App— Austin, February 24, 2017) This is an inverse-condemnation/trespass-to-try-title case where the Austin Court of Appeals affirmed the dismissal of the Plaintiff’s claims. The Galan Family Trust (“Trust” or “Plaintiff”) … Continue reading

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Driver who told City he was “shaken up” but “OK” did not provide actual notice of personal injury claim says Fourth Court of Appeals

 City of San Antonio v. Charles Cervantes, 04-16-00569-CV(Tex. App— San Antonio, February 22, 2017) This is an automobile accident case under the Texas Tort Claims Act where the San Antonio Court of Appeals reversed the denial of the City’s plea … Continue reading

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City held to be acting both in a proprietary capacity and a governmental capacity involving lease for mineral interests says Dallas Court of Appeals

The City of Dallas v. Trinity East Energy, LLC, 05-16-00349-CV(Tex.App— Dallas, February 7, 2017) This is an interlocutory appeal from the granting-in-part and denial-in-part of a plea to the jurisdiction involving an inverse condemnation claim for mineral interests. The Dallas … Continue reading