RELATIONSHIPS FORGED IN INTEGRITY,<\/strong><\/p>\n EXCELLENCE, COMMITMENT AND TEAMWORK<\/strong>.<\/strong><\/em><\/p>\n Fanning Harper Martinson Brandt & Kutchin, P.C. is pleased to provide you with our Spring\u00a02015 Newsletter and Legal Update. Below you will find information regarding successes and activities of our attorneys.<\/p>\n Please click the hyperlinks for updates regarding Local Government<\/a>, Constitutional and Civil Rights Law<\/a>, Products Liability<\/a>, School Law<\/a>, Employment Law<\/a>, Automobile and Trucking Litigation,<\/a> Premises Liability<\/a>, Land Use, Zoning, and Regulatory Taking<\/a>, Insurance Law<\/a>, Homeowners\u2019 Association Law<\/a>, and Special Education<\/a>. Please call us with your questions or comments.<\/p>\n THOMAS P. BRANDT, JOSHUA SKINNER<\/strong>, and STEPHEN HENNINGER<\/strong> obtained dismissal of a lawsuit against a school district that had been filed by parents of a student who had been disciplined. Following a fighting incident, the student had been assigned to in-school suspension. The parents filed suit, arguing the disciplinary measure was improper and asking the court to enter an order stopping the discipline from taking place. The school district filed a plea to the jurisdiction, asking the court to dismiss the case because school disciplinary decisions that fall short of expulsion are not subject to judicial review. The trial court agreed and dismissed the case.<\/p>\n MARC H. FANNING<\/strong> had an important victory at a hearing involving a \u201cSpecial Appearance – Objection to the Jurisdiction\u201d heard in Hood County District Court where he was representing a Georgia envelope printer who had sold printed envelopes to a customer in the State of Texas.\u00a0 A dispute arose regarding the order and the issue presented to the Court was whether or not the printer had conducted business in the State of Texas to avail themselves of and be subjected to jurisdiction of Texas.\u00a0 Mr. Fanning filed a \u201cSpecial Appearance – Objection to the Jurisdiction\u201d on behalf of the printing company, with a supporting affidavit from the client.\u00a0 The Plaintiff testified and did her best to try and convince the Court that the insured had engaged in significant enough contacts to hold it in this lawsuit in Texas.\u00a0 Mr. Fanning cross-examined her and demonstrated to the Court that it was the Plaintiff who had engaged in all the contacts and the Defendant had just filled an order and shipped it from Georgia to Texas.\u00a0 Mr. Fanning also presented case law supportive of the Defendant\u2019s position.\u00a0 In the end the Judge was convinced that jurisdiction should not attach to the Defendant and ruled in the Defendant\u2019s favor.\u00a0 The Georgia client was most pleased that she would not have to be required to defend this lawsuit in the state of Texas.<\/p>\n MARC H. FANNING<\/strong> obtained a summary judgment for a well-known grocery store chain in the North Texas area, disposing of a slip and fall premises type of case in favor of his client.<\/p>\n FHMBK would like to congratulate JENNIFER L. KELLEY<\/a> and LAURA O\u2019LEARY<\/a> on becoming Members with the firm.<\/strong><\/p>\n Ms. Kelley joined FHMBK as an associate in 2010 and since that time has distinguished herself in the areas of insurance coverage, insurance defense litigation, school litigation, employment litigation, and appellate advocacy.<\/p>\n Since joining the firm as an associate in 2010, Ms. O\u2019Leary has contributed significantly to the firm in the areas of local government law, school law, employment law, civil rights, and appellate law.<\/p>\nDISTRICT COURT VICTORIES<\/u><\/strong><\/h3>\n
ANNOUNCEMENTS AND HONORS<\/u><\/strong><\/h3>\n
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<\/a><\/p>\nSPEECHES AND PUBLICATIONS<\/u><\/strong><\/h3>\n
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<\/a>THOMAS P. BRANDT<\/strong> was a co-presenter with Debbie Bonner and Stan Lewiecki with the Texas Association of Counties at the 2015 County Management & Risk Conference sponsored by Texas Association of Counties held in Austin, Texas April 8 through April 10.\u00a0 He and his co-presenters spoke on the importance of having and publishing personnel policies, common mistakes, and errors to avoid.<\/p>\n