· 2/11/2010
Hintz Ex Rel. Hintz v. Lally
Citations
- 305 S.W.3d 761
- 2009 WL 3851634
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding plaintiffs election to sue entity foreclosed any possibility of adding employee in future pleadings
- holding plaintiff’s election to sue entity foreclosed any possibility of adding employee in future pleadings
- holding current version of section 101.106(f) does not violate open courts provision
- explaining that the “disposi-tive election occurs when the governmental employer is sued — regardless of whether the governmental employer is sued alone or in tandem with the employee” — and holding that subsection (a
- stating, “[O] nce the plaintiff makes an ‘irrevocable election’ by suing only the employer, there is no statutory mechanism to change targets and sue the employee instead.”
- “A plaintiff who sues both the employee and the employer also can be compelled to dismiss the employee and sue only the employer instead.”
Source: CourtListener parenthetical corpus (CC0).
Judges: William J. Boyce
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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