- Home
- Books and Journals
- James Publishing Practical Law Books Archive
- Texas Employment Law. Volume 2 - 2017
- Appendices
- Substantive
Special exception & answer (State Court)
[Style of Case]
DEFENDANT'S SPECIAL EXCEPTIONS AND ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
_____, a Defendant in the above-styled and numbered cause (hereafter "Defendant"), files this response to the Original Petition filed by _____ (hereafter "Plaintiff") and would show the Court as follows:
SPECIAL EXCEPTIONS
Miscellaneous
Defendant specially excepts to the allegations contained in Paragraph _____ of Plaintiff's Original Petition which state that:
Defendant objects to this pleading because it is vague and general and does not sufficiently identify the facts supporting Plaintiff's allegations. Further, it does not specify _____. The Petition does not describe, with sufficient particularity, the facts and circumstances supporting the allegations made in this portion of the Petition. Therefore, the Petition should be amended to correct this defect.
Defendant requests that the Court set this Special Exception for hearing and, upon hearing, the Court enter an Order requiring the Petition be repled within a reasonable time.
Negligence
Defendant specially excepts to the allegations contained in Paragraph _____ of the Original Petition, which state:
Defendant objects to this pleading because it is vague and general and does not sufficiently identify the facts supporting the allegations of negligence in the Petition. Further, it does not specify the acts or omissions of the Defendant which allegedly constitute negligence. On its face, this pleading does not describe, with sufficient particularity, the alleged negligence. Therefore, the Petition should be amended to correct this defect.
Defendant requests that the Court set this Special Exception for hearing and, upon hearing, the Court enter an Order sustaining this Special Exception and requiring the Petition be repled within a reasonable time.
Course and Scope
Defendant specially excepts to the allegations contained in Paragraph _____ of the Original Petition, which state:
Defendant objects to this pleading because it is vague and general and does not sufficiently identify the facts supporting the allegation that agents and employees of Defendant were acting in the course and scope of their agency and employment. Further, on its face, this pleading does not describe, with sufficient particularity, the basis for the allegations that Defendant's employees were acting within the course and scope of their agency and/or employment. Therefore, the Petition...
To continue reading
Request your trial- Appendices
- Substantive
- Defendant's Motion for Summary Judgment: Mitigation of Damages
- General Complete Release in Favor of Defendant (With Mutuality Option)
- Plaintiff's Original Petition
- Settlement Agreement and Release (Includes OWBPA Language)
- Separation and Release Agreement (For Unrepresented Employee)
- Petition to Compel Arbitration (State Court)
- Motion to Compel Arbitration, Dismiss, and Stay (State Court)
- Defendant's Standard Brief in Support of Motion to Stay Pending Arbitration (Federal Court)
- Notice of Intent to Use Discovery Products
- Defendant's Standard Brief in Support of Motion to Compel Arbitration, Dismiss and Stay Proceedings (State Court)
- Special exception & answer (State Court)
- Motion to Stay Pending Arbitration, Alternatively Motion to Dismiss (Federal Court)
- Joinder in/ consent to removal
- Defendant's Motion for Summary Judgment: After-Acquired Evidence, Wrongful Discharge, Constructive Discharge, IIED, Retaliation, Whistleblowing
- Consolidation Motion (Fed.)
- Response to EEOC Charge of Discrimination
- Opposition to MTN. To vacate arbitration award; MTN and brief to confirm arbitration award
- Brief supporting MTN to expedite appeal
- Unopposed Mtn Expedite 5th Cir. Appeal
- Brief for emer. MTN for temp stay pend appeal to fifth circuit
- Amended Complaint - TCHRA - Age Discrimination
- Emergency MTN for temp stay pending appeal to 5th CIR
- AFFIDAVIT-Business Records
- Order Granting Objections to Summary Judgment Evidence
- Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction and Supporting Brief - Title VII - Federal Court
- Affidavit - Authentication of Deposition Excerpts
- Affidavit - Discovery Authentication
- Plaintiff's Response to Defendant Employer's Motion for Summary Judgment - Workers' Compensation Retaliation Case
- Plaintiff's Motion to Dismiss Pursuant to Settlement
- Plaintiff’s Original Petition-Sabine Pilot/Refusal to Perform Illegal Act
- Plaintiff's Original Petition-FMLA, ADEA
- Motion for Summary Judgment (by Employer) for False Imprisonment and Breach of Contract
- Plaintiff's Petition - Workers' Compensation Retaliation
- Plaintiff's Petition - Employment Agreement - Fraud
- Plaintiff's letter brief-gender discrimination-cat's paw doctrine
- Plaintiff's brief in support of motion for summary judgment-adea-federal court
- Defendant's Plea to Jurisdiction
- Order of Dismissal
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.