[UPDATED THROUGH APRIL 1, 2010]
Availability of Interlocutory Appeal.
Were a private hospital and a resident employed by the hospital entitled to bring an interlocutory appeal of a denial of a summary judgment based upon governmental immunity? Based on sections 3.12006 and 3.12007 of the Texas Health Code, when did the hospital or government unit and the resident, a government employee for purposes of the governmental immunity defense? Klein v. Hernandez, No. 08 0453, formerly 260 S.W.3d 1 (Tex. App.—Houston [1st Dist.] 2008), review granted 04/17/09.
Did state’s easement give it the right to remove soil or did the removal of such soil give rise to a separate inverse condemnation claim, thereby avoiding governmental immunity? State of Texas v. Brownlow, No. 08-0551, formerly 251 S.W.3d 756 (Tex. App.—Houston [14th Dist.] 2008), review granted 08/28/09.
Retroactivity of Statutes.
Did an amendment to Tex. Loc. Govt. Code § 411.034, providing that compliance with the notice provisions of the Texas Tort Claims Act was a prerequisite to subject matter jurisdiction, apply to a lawsuit filed before the amendment’s effective date? University of Texas Southwestern Medical Center at Dallas v. Estate of Arancibia, No. 08 0215, formerly 244 S.W.3d 455 (Tex. App.—Dallas 2007), review granted 06/26/09.