pre-suit notice requirement (Texas) · Go Syfert
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pre-suit notice requirement in Texas

15 Texas opinions name it 3 courts 2000–2023 2 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 (11)

CaseFollowedCited
Mitchell v. Methodist Hospitalgreen
texapp · 2012 · cited in 2 Texas opinions naming this issue, 2020–2021
2 sentences

2021The purpose of the pre-suit notice requirement, including the authorized release of health information, “is to encourage negotiations and settlement of disputes prior to suit, thereby reducing litigation costs.” Carreras, 339 S.W.3d at 73 ; see Mitchell v. Methodist Hosp., 376 S.W.3d 833, 836 (Tex. App.—Houston [1st Dist.] 2012, pet. denied).

2020The purpose of the pre-suit notice requirement, including the authorized release of health information, “is to encourage negotiations and settlement of disputes prior to suit, thereby reducing litigation costs.” Carreras, 339 S.W.3d at 73 ; see also Mitchell v. Methodist Hosp., 376 S.W.3d 833, 836 (Tex. App.—Houston [1st Dist.] 2012, pet. denied).

22
Belen Gonzales v. Mathis Independent Schoolgreen
ca5 · 2020 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See id. § 110.006 (emphasis added) (“[A] claimant may, within the 60-day period . . . bring an action for declaratory or injunctive relief . . . .”); see also Gonzales, 978 F.3d at 297 (holding one plaintiff’s failure to comply with the TRFRA’s pre-suit notice requirement mandated the court vacate the preliminary injunction as to him but not as to the other plaintiff who gave pre-suit notice and filed suit within the 60-day waiting period).

11
City of DeSoto v. Whitegreen
tex · 2009 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015The Texas Supreme 42 Court stated that curing the notice requirement allows the City to assure “appellate rights without dismissing a case against a potentially unfit officer... .” White, 288 S.W.3d at 399 (analyzing the pre-suit notice requirement for civil service employees).

11
Morgan v. Plano Independent School Districtgreen
ca5 · 2013 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Code Ann. § 110.006 (a) (West 2011); see also Morgan v. Plano ISD, 724 F.3d 579, 586 (5th Cir.2013) (concluding that the Texas RFRA’s pre-suit notice requirement is jurisdictional).

11
HOUSING AUTH. CITY OF BEAUMONT v. Landriogreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013Housing Auth. of City of Beaumont v. Landrio, 269 S.W.3d 735, 741-42 (Tex. App.-Beaumont 2008, pet. denied).

11
Colquitt v. Brazoria Countygreen
tex · 2010 · cited in 1 Texas opinions naming this issue, 2012–2012
2 sentences

2012Id. at 365 ; see Colquitt v. Brazoria Cnty., 324 S.W.3d 539, 542 (Tex.2010).

2012Id. at 365 ; see Colquitt v. Brazoria Cnty, 324 S.W.3d 539, 542 (Tex. 2010).

11
Bailey v. Sandersgreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011Bailey v. Sanders, 261 S.W.3d 153, 157 (Tex.App.-San Antonio 2008).

11
City of Houston v. Torresgreen
tex · 1981 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010But when as here the lawsuit is filed a mere 55 days after the incident, imposing a pre-suit notice requirement is contrary to the text of section 101.101, which aims “to ensure a prompt reporting of claims to enable the [government] to investigate while facts are fresh and conditions remain substantially the same.” City of Houston v. Torres, 621 S.W.2d 588, 591 (Tex.1981).

11
Hines v. Hashgreen
tex · 1993 · cited in 1 Texas opinions naming this issue, 2009–2009
1 sentence

2009See, e.g., Hines v. Hash, 843 S.W.2d 464, 469-70 (Tex.1992) (holding that defendant had waived pre-suit notice requirement under the Deceptive Trade Practices-Consumer Protection Act by failing to request *398 an abatement).

11
Texas Department of Criminal Justice v. Simonsgreen
tex · 2004 · cited in 1 Texas opinions naming this issue, 2007–2007
1 sentence

2007See Tex. Dep't of Criminal Justice v. Simons , 140 S.W.3d 338, 348 (Tex. 2004); see also Tex. Civ.

11
Kimball v. Brothersgreen
tex · 1987 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000See Kimball v. Brothers, M.D., 741 S.W.2d 370, 372 (Tex.1987).

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 (7)

CaseCitedYears
Jose Carreras, M.D., P.A. v. Marroquin green
tex · 2011
2 sentences

2021The purpose of the pre-suit notice requirement, including the authorized release of health information, “is to encourage negotiations and settlement of disputes prior to suit, thereby reducing litigation costs.” Carreras, 339 S.W.3d at 73 ; see Mitchell v. Methodist Hosp., 376 S.W.3d 833, 836 (Tex. App.—Houston [1st Dist.] 2012, pet. denied).

2020The purpose of the pre-suit notice requirement, including the authorized release of health information, “is to encourage negotiations and settlement of disputes prior to suit, thereby reducing litigation costs.” Carreras, 339 S.W.3d at 73 ; see also Mitchell v. Methodist Hosp., 376 S.W.3d 833, 836 (Tex. App.—Houston [1st Dist.] 2012, pet. denied).

22020–2021
Davenport v. Adu-Lartey green
texapp · 2017
1 sentence

2021As a result, Taylor failed to substantially comply with the TMLA’s pre-suit notice requirement and tolling provision. 5 See Davenport, 526 S.W.3d at 553–54; see also Polsky, 2020 WL 6052547 , at *4.

12021–2021
Martinez Ex Rel. Martinez v. Val Verde County Hospital District green
tex · 2004
1 sentence

2018Id. at 483 .

12018–2018
America Online, Inc. v. Williams green
texapp · 1998
1 sentence

2016Id.

12016–2016
Barr v. City of Sinton green
tex · 2009
1 sentence

2015Pipeline Corp., 93 S.W.3d 451 (Tex. App.—Houston [14th Dist.] 2002, no pet.) (allowing a landowner’s trespass to title claim against a condemnor in district court and holding that “the Harris County Civil Courts at Law have jurisdiction, but not exclusive jurisdiction, over a landowner’s claim . . . when those claims are inherently intertwined in an eminent domain proceeding”); county court jurisdiction had not attached because HHA had not served Latter Day with the condemnation action at the time HHA filed its RFRA suit in district court (indeed, it was not served until October 2, 2015); the

12015–2015
Taub v. Aquila Southwest Pipeline Corp. green
texapp · 2003
1 sentence

2015Pipeline Corp., 93 S.W.3d 451 (Tex. App.—Houston [14th Dist.] 2002, no pet.) (allowing a landowner’s trespass to title claim against a condemnor in district court and holding that “the Harris County Civil Courts at Law have jurisdiction, but not exclusive jurisdiction, over a landowner’s claim . . . when those claims are inherently intertwined in an eminent domain proceeding”); county court jurisdiction had not attached because HHA had not served Latter Day with the condemnation action at the time HHA filed its RFRA suit in district court (indeed, it was not served until October 2, 2015); the

12015–2015
University of Texas Southwestern Medical Center v. Loutzenhiser red
tex · 2004
2 sentences

2012Id. at 365 ; see Colquitt v. Brazoria Cnty., 324 S.W.3d 539, 542 (Tex.2010).

2012Id. at 365 ; see Colquitt v. Brazoria Cnty, 324 S.W.3d 539, 542 (Tex. 2010).

12012–2012

Where else courts name it

TN 30 (2013–2026) MS 17 (1997–2024) TX 15 (2000–2023) WV 13 (2005–2026) FL 12 (1989–2025) DC 2 (2001–2019)

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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