Government/Municipal DefenseSenior Partner Darrell Noga and Senior Associate Christopher Klement prevail on appeal – Dallas Court of Appeals affirms trial court’s dismissal of all claims against the City of Frisco.

09/07/2023by Thomas Fee

On August 29, 2023, the Dallas Court of Appeals issued a detailed opinion which affirmed the dismissal of claims against the City of Frisco in a May, 2020 suit brought by an area restaurant operator against the City, Collin County and Governor Abbott. The litigation was filed to challenge certain temporary restrictions necessitated by the spread of the COVID-19 virus in the spring of 2020. Firm Partner Darrell Noga and Senior Associate Chris Klement briefed and argued a plea to the jurisdiction to dismiss the claims in the trial court , won that dismissal, and then argued and won a supplemental plea to the jurisdiction to obtain dismissal of all claims after Plaintiff amended its pleadings. Plaintiff appealed and Darrell Noga argued the appeal along with counsel for Collin County and Governor Abbott. All Defendants prevailed in the appeal and the trial court’s favorable rulings were all affirmed by the Court of Appeals. All claims against the City of Frisco were dismissed.

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