Case law

Miller v. Bunce

60 F. Supp. 2d 620 · District Court, S.D. Texas · Aug 19, 1999

City of New Orleans, 174 F.3d 677, 680 (5th Cir.1999) (for purposes of Eleventh Amendment immunity to suit in federal court, courts do not distinguish between suits brought against a state entity and suits brought against … He has also failed to establish that his conduct brings him within the ambit of the False Claims Act, thus those claims are also DISMISSED WITH PREJUDICE.

NAACP of Houston Metropolitan Council v. NAACP

460 F. Supp. 583 · District Court, S.D. Texas · Nov 3, 1978

Davis had refused to accept membership applications from qualified applicants because Rev. Davis disagreed with the views of the applicants, and believed that the applicants were associated with labor unions. 2. Rev. … (i) establish branches, . in such places and under such conditions as it sees fit.

Cook v. Ramsey 1 Unit

District Court, S.D. Texas · Mar 25, 2025

Relevant here, Congress did not abrogate the states’ sovereign immunity when it enacted § 1983. Id. And the State of Texas has not waived its sovereign immunity for purposes of § 1983 actions. … or Congress has clearly abrogated it.

Eber v. Harris County Hospital District

130 F. Supp. 2d 847 · District Court, S.D. Texas · Feb 1, 2001

In the absence of direct evidence of discrimination, the plaintiff can establish a prima facie case under the ADA by showing that: (1) he has a “disability;” (2) he is qualified for the job; *856 (3) he was subject to an … Multi-Care Mgmt, Inc., 97 F.3d 876, 884 (6th Cir.1996) (plaintiff must establish as part of prima facie case that she was a qualified individual with a disability at the time of the discriminatory act).

Ford v. Houston Independent School District

97 F. Supp. 3d 866 · District Court, S.D. Texas · Mar 18, 2015

Youngerman-Reynolds Hardwood Co., 325 U.S. 419, 424 , 65 S.Ct. 1242 , 89 L.Ed. 1705 (1945) (“As long as the minimum hourly rates established by Section 6 are respected, the employer and employee are free to establish this … Blair asserts that the Portal-to-Portal Act and the occasional or sporadic exemption are clearly not analogous.

Glover v. Collier

District Court, S.D. Texas · May 22, 2025

Therefore, federal courts lack jurisdiction over suits against a state for money damages unless the state has waived its sovereign immunity or Congress has clearly abrogated that immunity. NiGen Biotech, L.L.C., v. … Texas has not waived its Eleventh Amendment immunity, and Congress did not abrogate that immunity when enacting § 1983. NiGen, 804 F.3d at 394.

In Re Lloyd's Leasing Ltd.

764 F. Supp. 1114 · District Court, S.D. Texas · Oct 3, 1990

Accordingly, this Court finds that Captain Shipley was well qualified to serve as a master onboard the M/T ALVENUS on July 30, 1984. 56. … Therefore, a procedure for fillet welding must be qualified in order to guard against shallow penetration. 81.

Brown v. Eurocopter S.A.

111 F. Supp. 2d 859 · District Court, S.D. Texas · Aug 23, 2000

Consequently, under the terms of the amended DOHSA statute, the Plaintiffs are entitled to recover nonpecuniary damages for loss of care, comfort, and companionship, if these losses and Defendants’ liability are established … AIR 21 is clearly intended to ensure that the victims of "commercial aviation accidents” are afforded a more liberal recovery than that possible under existing law.

Loera v. Kingsville Independent School District

District Court, S.D. Texas · Sep 19, 2023

First, KISD claims Loera has not demonstrated that Villarreal made physical contact with him in order to qualify for a claim for violation of bodily integrity. … Fourth, KISD asserts that, as a municipal defendant, it is immune from the assessment of punitive damages. D.E. 46, p. 19.

Town Center Mall v. Zurich American Insurance

797 F. Supp. 2d 786 · District Court, S.D. Texas · Jun 24, 2011

Next, Zurich argues that plaintiffs do not qualify as “additional” insureds under the CGL Policy issued to Schindler and are, therefore, not entitled to coverage thereunder. Dkt. 1-4 at 2. … Worth 2003, pet. denied) (cautioning that exclusionary provisions “must be clearly expressed and must not be ambiguously worded”).

Hearne v. Dow-Badische Chemical Company

224 F. Supp. 90 · District Court, S.D. Texas · Dec 10, 1963

The establishment of this test created the new problem of determining what constitutes the “minimum contacts” envisioned by it. … Hanson tends to establish a standard for determining whether “minimum contacts” exist.

Wright v. Houston Independent School District

366 F. Supp. 1208 · District Court, S.D. Texas · Oct 30, 1972

Clearly, Defendants’ “policy” (or lack thereof) regarding the theory of evolution is far removed from Arkansas’ blanket censorship. … This Court is hardly qualified to select from among the available theories those which merit attention in a public school biology class.

Chay Jr v. Montiel

District Court, S.D. Texas · Aug 13, 2024

A default under these circumstances is inappropriate because any such default would clearly meet this ‘good cause’ standard. … Here, Defendants have urged—among other things—the defense of qualified immunity.2 Suffice it to say, that after review of Defendants’ various pleadings, at this stage of the litigation the defenses asserted appear well-founded

Harris v. Auxilium Pharmaceuticals, Inc.

664 F. Supp. 2d 711 · District Court, S.D. Texas · Sep 28, 2009

In her Response, Harris argues that she has raised a fact issue concerning whether she was “clearly better qualified” than younger female employees who were promoted. … She does not argue, however, that Defendant’s proffered explanation for Hinchberger’s promotions are false or that she was “clearly better qualified” than Hinchberger. Burrell v. Dr.

Weingarten Realty Investors v. Albertson's, Inc.

66 F. Supp. 2d 825 · District Court, S.D. Texas · Sep 24, 1999

Liability may be imposed even if the private defendant is alleged to have conspired with an official who has absolute immunity. … Yet, Albertson’s has not supported its claims with sufficient evidence to establish an actionable conspiracy under § 1983.

Sanborn-Alder v. Cigna Group Insurance

771 F. Supp. 2d 713 · District Court, S.D. Texas · Feb 15, 2011

Iqbal, 129 S.Ct. at 1940 , the Supreme Court, applying the Twombly plausibility standard to a Bivens claim of unconstitutional discrimination and a defense of qualified immunity for government official, observed that two … Thus LINA’s evidence is irrelevant to the legal standard established in this Circuit. C.

Martin v. Bayland Inc.

403 F. Supp. 2d 578 · District Court, S.D. Texas · May 31, 2005

The Court need not decide whether Plaintiff has met his burden as to the third prong of the prima facie case, though, because Plaintiff has clearly not met the fourth prong. … The one comment by Moses does not suffice to establish a genuine issue of material fact as to whether Defendant otherwise discriminated against Plaintiff on the basis of age.

Ross v. Houston Independent School District

457 F. Supp. 18 · District Court, S.D. Texas · Dec 19, 1977

WISD on October 20, 1977 — just eleven days before the plan was filed with this Court — did employ a qualified consultant, Dr. Donald Johnson. … This fact is clearly established by testimony of WISD’s own witnesses. The Supreme Court of the United States in Brown I, Brown v.

Sambula v. Barnhart

285 F. Supp. 2d 815 · District Court, S.D. Texas · Apr 29, 2002

Academically, no learning disability was established or Attention-Deficit/Hyperaetivity Disorder was diagnosed. (R.180). Dr. … The administrative hearing transcript clearly reflects that Guity and his mother, Maria Sambula, were not present at the hearing.

Stone v. Unocal Termination Allowance Plan

542 F. Supp. 2d 605 · District Court, S.D. Texas · Mar 14, 2008

Bruch, 489 U.S. 101, 112-13 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989) (finding these standards consistent with established principles of trust law); see also Vercher v. … However, by inserting commas within the provision, the Plans clearly indicate that such reductions in employee eligibility for or amount of benefits must be incorporated within Article 16 or change of control provisions.