No jurisdiction? No-evidence MSJ

“Because jurisdiction may be challenged on evidentiary grounds and the burden to establish jurisdiction, including waiver of a government defendant’s immunity from suit, is on the plaintiff, we see no reason to allow jurisdictional challenges via traditional motions for summary judgment but to foreclose such challenges via no-evidence motions.” Town of Shady Shores v. Swanson, No. 18-0413 (Dec. 13, 2019). The Court observed: “[W]]hen jurisdiction is intertwined with the merits, the evidence supporting jurisdiction and the merits is necessarily intertwined as well.”

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