Case law

Collins v. Collier

District Court, S.D. Texas · Feb 15, 2022

A complaint lacks an arguable basis in fact if it rests upon clearly baseless factual contentions, and similarly lacks an arguable basis in law if it contains indisputably meritless legal theories. … A qualifying disability is “a physical or mental impairment that substantially limits one or more major life activities.” 42 U.S.C. § 12102(a)(1).

Texas v. United States

328 F. Supp. 3d 662 · District Court, S.D. Texas · Aug 31, 2018

As such, Texas satisfies the first factor to qualify for special solicitude. … DACA clearly has impacted the entire country.

West v. Mattel, Inc.

246 F. Supp. 2d 640 · District Court, S.D. Texas · Feb 6, 2003

Since the policeman qualifies as a small part, the Ultimate Police Chase set cannot be marketed to children under the age of three because the presence of the small part presents an unreasonable choking hazard. … The “Child Safety Protection Act of 1994 prohibits any state from enacting or enforcing any requirement relating to cautionary labeling ... unless the state or local requirement is identical to a requirement established by

Lopez v. River Oaks Imaging & Diagnostic Group, Inc.

542 F. Supp. 2d 653 · District Court, S.D. Texas · Apr 3, 2008

To establish a prima facie case of sex discrimination, a plaintiff must show: “(1) she is a member of a protected class, (2) she was qualified for her position, (3) she suffered an adverse employment action, and (4) others … River Oaks has disputed that the evidence cited by Lopez qualifies as direct evidence without ever reaching the second prong of the analysis.

Campbell v. Texas Department Of Criminal Justice

District Court, S.D. Texas · Sep 5, 2019

DUE PROCESS CLAIMS UNDER SECTION 1983 TDCJ argues that Eleventh Amendment immunity bars Campbell’s due process claims arising under Section 1983. I agree. … To establish a prima facie case of discrimination under Title VII, Campbell “must produce evidence that she (1) is a member of a protected class, (2) was qualified for the position that she held, (3) was subject to an

Garner v. Chevron Phillips Chemical Co.

834 F. Supp. 2d 528 · District Court, S.D. Texas · Nov 29, 2011

No one disputes that Garner was protected under the statute because her medical condition entitled her to FMLA leave. *563 Her long record of high ratings at Chevron establishes that she is qualified for her job. … Garner has established a prima facie case of discrimination under the ADA, i.e., that (1) she is disabled, has a record of having a disability, or is viewed as disabled; (2) she is a qualified individual; (3) she was subjected

Rollins v. Greenberg Traurig, LLP

District Court, S.D. Texas · Aug 11, 2021

The burden is on the party asserting subject-matter jurisdiction to establish by a preponderance of the evidence that it exists. … In other words, the plain text of the Eleventh Amendment “bars an individual from suing a state in federal court unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity

Hotze v. Sebelius

991 F. Supp. 2d 864 · District Court, S.D. Texas · Jan 10, 2014

Accordingly, Braidwood has met its burden to establish that it has standing to assert these claims. … The enrolled bill’s indication of its House of origin establishes that fact as officially and authoritatively as it establishes the fact that its recited text was adopted by both Houses ...

Wellogix, Inc. v. Accenture, LLP

788 F. Supp. 2d 523 · District Court, S.D. Texas · Apr 22, 2011

As a result, Accenture argues, Roman is not qualified to testify that Wellogix’s purported trade secrets were somehow unique or otherwise qualify as a trade secret because he does not know whether these functionalities were … Wellogix responds that Roman is qualified to render an opinion.

Educational Credit Management Corp. v. Pratt (In Re Pratt)

375 B.R. 753 · District Court, S.D. Texas · Mar 26, 2007

The parties do not appear to dispute that the loan to ECMC qualifies as a loan described in § 523(a)(8), so Amy Pratt may only be discharged from her obligation on this debt if she can show that failure to discharge the debt … The burden of establishing undue hardship rests on the debtor. In re Roberson, 999 F.2d 1132, 1135-36 (7th Cir.1993). The debtor’s failure to establish each of these three prongs defeats her claim for discharge. Educ.

Martinez v. Texas Health and Human Services Commission

District Court, S.D. Texas · Jun 4, 2021

The burden is on the party asserting jurisdiction to establish by a preponderance of the evidence that subject-matter jurisdiction is proper. … This text “bars an individual from suing a state in federal court unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity.”

Murillo v. Texas a & M University System

921 F. Supp. 443 · District Court, S.D. Texas · Jan 18, 1996

It appears that the presumption of fairness has been established in this case. The parties diligently began negotiating after the suit was filed. … Plaintiff Berene Murillo is qualified to serve as a class representative. 6. Counsel for Plaintiff Murillo, Texas Rural Legal Aid, Inc., is qualified to serve as class counsel. 7.

Madrid v. Anthony

510 F. Supp. 2d 425 · District Court, S.D. Texas · Sep 25, 2007

Richland Hills, 406 F.3d 375, 383 (5th Cir.2005) (finding a police officer was entitled to qualified immunity because one incident of his alleged excessive force did not demonstrate a pattern of violating constitutional rights … First Amendment Violation Although the Court finds Plaintiffs faded to establish municipal liability under § 1983, the Court must also determine if Plaintiffs establish the second element of municipal liability by establishing

Cruz v. Beto

453 F. Supp. 905 · District Court, S.D. Texas · Mar 3, 1977

As pointed out by counsel for plaintiffs, the legislative history clearly establishes that the new statute is applicable to cases pending as of the date of enactment. See H.R. Rep. … Turner clearly is entitled to a top hourly fee which properly is awardable for work in this legal area. Accordingly, this Court determines that Mr.

Wilson v. Symm

341 F. Supp. 8 · District Court, S.D. Texas · Mar 29, 1972

Indeed, if such a contention were offered, it would clearly be the duty of this Court to abstain pending an application of the statute by a state court. Harris v. … “But if they are in fact residents, with the intention of making [the State] their home indefinitely, they, as all other qualified residents, have a right to an equal opportunity for political representation.”

Church v. Rangel

District Court, S.D. Texas · Oct 7, 2024

Qualified Immunity Plaintiff appears to begin an objection to the recommendation in favor of Defendants on the qualified immunity defense. … It therefore, does not qualify as an objection.

Conner v. Celanese, Ltd.

428 F. Supp. 2d 628 · District Court, S.D. Texas · Mar 31, 2006

Clearly, there is a significant factual dispute about the modification issue. … In sum, Plaintiffs failed to establish that they suffered a recognized adverse employment action.

Bridges v. The Methodist Hospital

District Court, S.D. Texas · Sep 30, 2024

Furthermore, “a complaint may be dismissed if it clearly lacks merit—for example, where there is an absence of law to support a claim of the sort made.” Thurman v. … Those are legitimate interests, and the immunization policy is rationally related to them.

Smith v. State of Texas

225 F. Supp. 150 · District Court, S.D. Texas · Nov 21, 1963

and satisfactorily establishes the guilt of each. … This contention is not clearly asserted by petitioner due to his misconception that Thompson v.

Dugas v. The United States Of America

District Court, S.D. Texas · Feb 21, 2020

Plaintiff does so by raising the same arguments he has made throughout this case, focusing primarily on the argument that Judge Ellington lacks immunity. (D.E. 17, p. 4). … After careful review, the Court finds that neither the motions to reconsider nor the objections clearly establish a manifest error of law or fact or present newly discovered evidence. See Schiller v.