8 results for 'cat:"Civil Procedure" AND cat:"Employment" AND cat:"Jurisdiction"'.
J. Bourliot finds that the trial court improperly denied Galveston County's plea to the jurisdiction in a case stemming from the firing of a sheriff's officer for his "off-duty, racially-motivated assault of another employee" after he consumed alcohol at a memorial event for the Santa Fe High School mass shooting. The officer did not timely file his administrative complaint within the 180-day limitations period. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: February 13, 2024, Case #: 14-23-00109-CV, Categories: civil Procedure, employment, jurisdiction
[Modified.] J. Streeter makes more than a dozen clarifications with no change in judgment. The trial court must reconsider a motion by employees suing under the Private Attorneys General Act to intervene in a separate PAGA lawsuit in another court. Mandatory intervention is inapplicable since the movants sought intervention before a settlement was submitted from approval in the separate PAGA case. But the trial court may grant permissive intervention after considering a motion for a stay and the possibility of exclusive concurrent jurisdiction. Vacated.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: September 25, 2023, Case #: A165320, Categories: civil Procedure, employment, jurisdiction
J. Stiglich finds that the hearing officer properly dismissed the corrections employee's appeal of a disciplinary action. The employee failed to attach the written notification of the action to the appeal form. This requirement is a procedural claim-processing rule, is not jurisdictional, and the failure to attach the written notice did not divest the hearing officer of jurisdiction. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 21, 2023, Case #: 83942, Categories: civil Procedure, employment, jurisdiction
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J. Streeter finds that the trial court must reconsider a motion by employees suing under the Private Attorneys General Act to intervene in a separate Act lawsuit in another court. Mandatory intervention is inapplicable since the movants sought intervention before a settlement was submitted from approval in the separate Act case. But the trial court may grant permissive intervention after considering a motion for a stay and the possibility of exclusive concurrent jurisdiction. Vacated.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: August 29, 2023, Case #: A165320, Categories: civil Procedure, employment, jurisdiction