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Defendant's Plea to Jurisdiction
NO. _______________
Plaintiff
v.
Defendants
§§§§§§§§§
§
§§
§
IN THE DISTRICT COURT OF
_______________, TEXAS
_____ JUDICIAL DISTRICT
PLEA TO JURISDICTION AND ORIGINAL ANSWER OF DEFENDANTS
Defendants file this plea to jurisdiction to Plaintiff’s First Amended Petition, as follows:
Plea to Jurisdiction
Plaintiff failed to exhaust his/her administrative remedies under the Texas Commission on Human Rights Act (“TCHRA”) or satisfy the administrative prerequisites to bringing a judicial action under the TCHRA. Accordingly, the Court lacks subject matter jurisdiction and this suit should be dismissed.
Original Answer
Subject to the foregoing plea to jurisdiction, defendants file this original answer to Plaintiff’s First Amended Petition, as follows:
Special Exceptions
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Defendants specially except to Plaintiff’s First Amended Petition (“petition”) in its entirety to the extent plaintiff asserts causes of action against a defendant identified _______________ for the reason that no such entity exists in the State of Texas. With respect to this special exception, these defendants pray that all claims against defendant be dismissed or that plaintiff re-plead.
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Defendants specially except to the petition in its entirety for the reason that plaintiff failed to exhaust his/her administrative remedies under the TCHRA and, therefore, that the Court lacks subject matter jurisdiction. With respect to this special exception, defendants pray that plaintiff’s suit be dismissed for lack of subject matter jurisdiction.
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Defendants specially except to the petition in its entirely to the extent it attempts to assert a cause of action under the TCHRA. With respect to this special exception, defendants pray that plaintiff’s suit be dismissed for failure to state a cause of action under the statute.
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Defendants specially except to the petition to the extent that plaintiff attempts to assert claims against defendant under the TCHRA. There is no individual liability for managers under the TCHRA. Accordingly, defendants pray that this special exception be granted and that all TCHRA claims against defendant be dismissed.
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Defendants specially except to the petition to the extent that plaintiff purports to assert causes of action for negligence and gross negligence. At all relevant times plaintiff was an employee of defendant, and this defendant maintained workers’ compensation insurance coverage in accordance...
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Request your trial- Appendices
- Substantive Forms
- Special Exception and Answer (State Court)
- Motion to Stay Pending Arbitration, Alternatively Motion to Dismiss (Federal Court)
- Defendant's Standard Brief in Support of Motion to Stay Pending Arbitration (Federal Court)
- Defendant's Standard Brief in Support of Motion to Compel Arbitration, Dismiss and Stay Proceedings (State Court)
- Motion to Compel Arbitration, Dismiss, and Stay (State Court)
- Petition to Compel Arbitration (State Court)
- Plaintiff's Original Petition
- General Complete Release in Favor of Defendant (With Mutuality Option)
- Separation and Release Agreement (For Unrepresented Employee)
- Settlement Agreement and Release (Includes OWBPA Language)
- Defendant's Motion for Summary Judgment: Mitigation of Damages
- Notice of Intent to Use Discovery Products
- Affidavit - Discovery Authentication
- Affidavit - Authentication of Deposition Excerpts
- Order Granting Objections to Summary Judgment Evidence
- Affidavit - Business Records
- Emergency Motion for Temporary Stay Pending Appeal to 5th Circuit
- Brief for Emergency Motion for Temporary Stay
- Unopposed Motion to Expe 5th Circuit Appeal
- Brief Supporting Motion to Expe Appeal
- Opposition to Motion to Vacate Arbitration Award; Motion and Brief to Confirm Arbitration Award
- Consolidation Motion (Fed)
- Response to EEOC Charge of Discrimination
- Joinder in/Consent to Removal
- Defendant's Motion for Summary Judgment: After-Acquired Evidence, Wrongful Discharge, Constructive Discharge, IIED, Retaliation, Whistleblowing
- Amended Complaint - TCHRA - Age Discrimination
- Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction and Supporting Brief - Title VII - Federal Court
- Defendant's Plea to Jurisdiction
- Plaintiff's Brief in Support of Motion for Summary Judgment - ADEA - Federal Court
- Plaintiff's Letter Brief - Gender Discrimination - Cat's Paw Doctrine
- Plaintiff's Petition - Employment Agreement - Fraud
- Plaintiff's Petition - Workers' Compensation Retaliation
- Plaintiff's Response to Defendant Employer's Motion for Summary Judgment - Workers' Compensation Retaliation Case
- Motion for Summary Judgment (by Employer) for False Imprisonment and Breach of Contract
- Plaintiff's Original Petition - Sabine Pilot/Refusal to Perform Illegal Act
- Plaintiff's Original Petition-FMLA, ADEA
- Plaintiff's Motion to Dismiss Pursuant to Settlement
- Order of Dismissal
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