plaintiff has alleged violation (Texas) · Go Syfert
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plaintiff has alleged violation in Texas

32 Texas opinions name it 2 courts 1983–2025 5 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (18)

CaseFollowedCited
State v. Lueckgreen
tex · 2009 · cited in 13 Texas opinions naming this issue, 2010–2023
2 sentences

2023Id. § 554.002(a). “[T]he elements of section 554.002(a) can be considered as jurisdictional facts, when it is necessary to resolve whether a plaintiff has alleged a violation under the [TWA].” State v. Lueck, 290 S.W.3d 876, 881 (Tex. 2009).

2023Thus “the elements of [a claim under the Act] can be considered as jurisdictional facts, when it is necessary to resolve whether a plaintiff has alleged a violation under the Act.” Lueck, 290 S.W.3d at 881 . “[T]o properly ‘report’ under the Act, a public employee must convey information that exposes or corroborates a violation of law or otherwise provide relevant, additional information that will help identify or investigate illegal conduct”; “[c]ommunicating unsupported opinions or legal conclusions is insufficient.” Pridgen, 653 S.W.3d at 184. “[T]he ‘good faith’ limitation modifies all the

513
Stoner v. Thompsongreen
tex · 1979 · cited in 7 Texas opinions naming this issue, 1984–2023
2 sentences

2023The “rules expressly countenance more general allegations . . . and the default judgment will stand if the plaintiff has alleged a claim upon which the substantive law will give relief, and has done so with sufficient particularity to give fair notice to the defendant of the basis of his complaint, even though he has stated some element or elements in the form of legal conclusions which will need to be revised if attacked by special exceptions.” Stoner v. Thompson, 578 S.W.2d 679, 683 (Tex. 1979).

2012P. 45(b) (“That an allegation be evidentiary or be of legal conclusion shall not be grounds for objection when fair notice to the opponent is given by the allegations as a whole.”) (emphasis added); Paramount Pipe & Supply Co., 749 S.W.2d at 495 (quoting Stoner, 578 S.W.2d at 683 ) (stating that, “default judgment will stand if the plaintiff has alleged a claim upon which the substantive law will give relief, and has done so with sufficient particularity to give fair notice to defendant of the basis of his complaint, even though he has stated some element or elements in the form of legal concl

37
cluster 20707green
· · cited in 2 Texas opinions naming this issue, 2004–2025
2 sentences

2025See claim under 42 U.S.C. § 1983 has four elements: Siegert v. Gilley, 500 U.S. 226, 231 , 111 S.Ct. (1) an adverse employment action; (2) speech 1789, 114 L.Ed.2d 277 (1991); Wooley v. City of involving a matter of public concern; (3) the Baton Rouge, 211 F.3d 913, 919 (5th Cir.2000).

2004See Siegert v. Gilley, 500 U.S. 226, 231 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991); Wooley v. City of Baton Rouge, 211 F.3d 913, 919 (5th Cir.2000).

22
Hare v. City of Corinth, Miss.green
ca5 · 1998 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Hare v. City ofCorinth, 135 F.3d 320 , 325 (5th Cir 1998) (citing Colston v. Barnhart (5th Cir. 1997). 20.

2015See Hare v. City of Corinth, 135 F.3d 320 , 325 (5th Cir 1998) (citing Colston v. Barnhart (5th Cir. 1997). 20.

22
Texas Department of Transportation v. Garciagreen
tex · 2009 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010Tex. Dep't of Transp. v. Garcia , 293 S.W.3d 195, 196 (Tex. 2009) (citing Lueck, 290 S.W.3d at 881 ).

2010Tex. Dep’t of Transp. v. Garcia, 293 S.W.3d 195, 196 (Tex. 2009) (citing Lueck, 290 S.W.3d at 881 ).

22
Donald Saucier v. Elliot M. Katz and in Defense of Animalsred
scotus · 2001 · cited in 2 Texas opinions naming this issue, 2005–2005
2 sentences

2005See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 2156, 150 L.Ed.2d 272 (2001); Wilson, 526 U.S. at 609 , 119 S.Ct. at 1697 .

2005See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 2156, 150 L.Ed.2d 272 (2001); Wilson, 526 U.S. at 609 , 119 S.Ct. at 1697 .

22
Siegert v. Gilleygreen
scotus · 1991 · cited in 2 Texas opinions naming this issue, 2004–2025
2 sentences

2025See claim under 42 U.S.C. § 1983 has four elements: Siegert v. Gilley, 500 U.S. 226, 231 , 111 S.Ct. (1) an adverse employment action; (2) speech 1789, 114 L.Ed.2d 277 (1991); Wooley v. City of involving a matter of public concern; (3) the Baton Rouge, 211 F.3d 913, 919 (5th Cir.2000).

2025See claim under 42 U.S.C. § 1983 has four elements: Siegert v. Gilley, 500 U.S. 226, 231 , 111 S.Ct. (1) an adverse employment action; (2) speech 1789, 114 L.Ed.2d 277 (1991); Wooley v. City of involving a matter of public concern; (3) the Baton Rouge, 211 F.3d 913, 919 (5th Cir.2000).

12
Alamo Heights Independent School District v. Catherine Clarkgreen
tex · 2018 · cited in 2 Texas opinions naming this issue, 2018–2020
2 sentences

2020Alamo Heights, 544 S.W.3d at 770 .

2018Dist. v. Clark, 544 S.W.3d 755, 764 (Tex. 2018) (applying a burden-shifting evidentiary framework to a TCHRA retaliation claim); State v. Lueck, 290 S.W.3d 876, 881 (Tex. 2009) (noting that under the Whistleblower Act, the elements of a claim “can be considered as jurisdictional facts, when it is necessary to resolve whether a plaintiff has alleged a violation under the Act”); see also Garcia, 372 S.W.3d at 635 (noting that the school’s argument suggesting that Garcia could not prove a prima-facie case 14 necessarily implied that the elements of the plaintiff’s discrimination claim were at iss

12
Sheshunoff & Co., Inc. v. Schollgreen
texapp · 1977 · cited in 2 Texas opinions naming this issue, 1983–2004
2 sentences

2004Sheshunoff & Co., Inc. v. Scholl , 560 S.W.2d 113, 116 (Tex. Civ.

1983Sheshunoff and Co., Inc. v. Scholl, 560 S.W.2d 113 (Tex.Civ.App.—Houston [1st Dist.] 1977, reversed on other grounds 564 S.W.2d 697 (Tex.1978)).

12
A to Z Rental Center v. Burrisgreen
texapp · 1986 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023“Unless the parties have agreed otherwise, a person making or purporting to make a contract with another as agent for a disclosed principal does not become a 3 party to the contract.” A to Z Rental Ctr. v. Burris, 714 S.W.2d 433, 436 (Tex. App.—Austin 1986, writ ref’d n.r.e.).

11
Texas Department of Human Services v. Hindsgreen
tex · 1995 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020On a record that shows the City Attorney 26 Id. § 554.002 (requiring the report to be made to a law enforcement authority that is authorized to regulate or enforce the law as to the conduct that is the subject of the report or to investigate or prosecute a violation of criminal law); see Lueck, 290 S.W.3d at 881 (concluding “the elements of section 554.002(a) can be considered as jurisdictional facts, when it is necessary to resolve whether a plaintiff has alleged a violation under the Act”). 27 Tex. Dep’t of Human Servs. v. Hinds, 904 S.W.2d 629, 637 (Tex. 1995). 28 Office of the Attorney Gen

11
Mission Consolidated Independent School District v. Garciagreen
tex · 2012 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Dist. v. Clark, 544 S.W.3d 755, 764 (Tex. 2018) (applying a burden-shifting evidentiary framework to a TCHRA retaliation claim); State v. Lueck, 290 S.W.3d 876, 881 (Tex. 2009) (noting that under the Whistleblower Act, the elements of a claim “can be considered as jurisdictional facts, when it is necessary to resolve whether a plaintiff has alleged a violation under the Act”); see also Garcia, 372 S.W.3d at 635 (noting that the school’s argument suggesting that Garcia could not prove a prima-facie case 14 necessarily implied that the elements of the plaintiff’s discrimination claim were at iss

11
Texas Department of Criminal Justice v. McElyeagreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Resolution of this appeal turns on whether the conduct of which Meneke complained amounts to a violation of law as required under section 554.002(a). 2 “There is no requirement that an employee identify a specific law when making a report.” Tex. Dep’t of Criminal Justice v. McElyea, 239 S.W.3d 842, 850 (Tex.App.-Austin 2007, pet. denied).

11
cluster 6615green
· · cited in 1 Texas opinions naming this issue, 2004–2004
1 sentence

2004Sanchez v. Swyden, 139 F.3d 464, 467 (5th Cir.1998); Mangieri v. Clifton, 29 F.3d 1012, 1016 (5th Cir.1994).

11
Sanchez v. Swydengreen
ca5 · 1998 · cited in 1 Texas opinions naming this issue, 2004–2004
1 sentence

2004Sanchez v. Swyden, 139 F.3d 464, 467 (5th Cir.1998); Mangieri v. Clifton, 29 F.3d 1012, 1016 (5th Cir.1994).

11
Lampkin v. City of Nacogdochesgreen
ca5 · 1993 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002Williams v. Bramer, 180 F.3d 699, 702 (5th Cir.), clarified on other grounds, 186 F.3d 633 (5th Cir.1999); Lampkin v. City of Nacogdoches, 7 F.3d 430, 434 (5th *709 Cir.1993).

11
cluster 18033green
· · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002Williams v. Bramer, 180 F.3d 699, 702 (5th Cir.), clarified on other grounds, 186 F.3d 633 (5th Cir.1999); Lampkin v. City of Nacogdoches, 7 F.3d 430, 434 (5th *709 Cir.1993).

11
UNL Inc. v. Oak Hills Photo Finishing, Inc.green
texapp · 1987 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001In support of this contention, Steven directs us to UNL, Inc. v. Oak Hills Photo Finishing, Inc., which holds that “a default judgment will stand if the plaintiff has alleged a claim upon which the substantive law will give relief and has done so with sufficient particularity to give fair notice to the defendant of the basis of his complaint.” 733 S.W.2d 402, 406 (Tex.App.—San Antonio 1987, no writ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Paramount Pipe & Supply Co. v. Muhr green
tex · 1988
2 sentences

2014Paramount Pipe & Supply Co. v. Muhr, 749 S.W.2d 491 , 494–95 (Tex. 1988) (quotations omitted). ―The purpose of the fair notice requirement is to provide the opposing party with sufficient information to enable him to prepare a defense.‖ Id. at 494 .

2012P. 45(b) (“That an allegation be evidentiary or be of legal conclusion shall not be grounds for objection when fair notice to the opponent is given by the allegations as a whole.”) (emphasis added); Paramount Pipe & Supply Co., 749 S.W.2d at 495 (quoting Stoner, 578 S.W.2d at 683 ) (stating that, “default judgment will stand if the plaintiff has alleged a claim upon which the substantive law will give relief, and has done so with sufficient particularity to give fair notice to defendant of the basis of his complaint, even though he has stated some element or elements in the form of legal concl

22012–2014
Wilson v. Layne green
scotus · 1999
2 sentences

2005See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 2156, 150 L.Ed.2d 272 (2001); Wilson, 526 U.S. at 609 , 119 S.Ct. at 1697 .

2005See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 2156, 150 L.Ed.2d 272 (2001); Wilson, 526 U.S. at 609 , 119 S.Ct. at 1697 .

22005–2005
Sir Williams v. Michael L. Bramer Jay C. Angelino City of Dallas Police Dept. green
ca5 · 1999
1 sentence

2002Williams v. Bramer, 180 F.3d 699, 702 (5th Cir.), clarified on other grounds, 186 F.3d 633 (5th Cir.1999); Lampkin v. City of Nacogdoches, 7 F.3d 430, 434 (5th *709 Cir.1993).

12002–2002
SHESHUNOFF & CO., INC. v. Scholl green
tex · 1978
1 sentence

1983Sheshunoff and Co., Inc. v. Scholl, 560 S.W.2d 113 (Tex.Civ.App.—Houston [1st Dist.] 1977, reversed on other grounds 564 S.W.2d 697 (Tex.1978)).

11983–1983

Statutes the citing opinions construe

USC § 42u.s.c.1983 (6) TX § Tex. Lab. Code § 21.055 (4) TX § Tex. Lab. Code § 21.001 (3) TX § Tex. Lab. Code § 21.051 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 32 (1983–2025) MS 3 (2002–2007) MN 3 (1994–2001) CT 3 (1993–1995) MA 2 (2003–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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