Martin K. Eby Construction Company, Inc. v. Dallas Area Rapid Transit

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that, under Texas law, governmental immunity embraces two principles: immunity from liability and immunity -from suit
• addressing a 12(b)(6) motion for dismissal for untimely filing of a complaint
• in reviewing a Rule 12(b)(6) motion to dismiss, a court “accepts all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff.”
• “When a district court dismisses a claim under Rule 12(b)(6) for failure to exhaust administrative remedies, the dismissal is without prejudice to the claimant’s right to return to court after it has exhausted its administrative remedies.”
• “When a district court dismisses a claim under Rule 12(b)(6) for failure to exhaust administrative remedies, the dismissal is without prejudice to the claimant's right to return to court after it has exhausted its administrative remedies.”
• “When a district court dismisses a claim . . . for failure to exhaust administrative remedies, the dismissal is without prejudice to the claimant’s right to return to court after it has exhausted its administrative remedies.”

Source: CourtListener parenthetical corpus (CC0).