Case law

Hayward v. Harris County Jail

District Court, S.D. Texas · May 21, 2024

May 29, 2009) (“As a division within the Harris County Sheriff’s Department, the Harris County Jail does not qualify as an entity with capacity under the rules because it cannot sue or be sued.”). … These allegations, even if true, do not establish a constitutional violation. See McClure v. Foster, 465 F.

Mahoney v. Ernst & Young LLP

487 F. Supp. 2d 780 · District Court, S.D. Texas · Mar 21, 2006

In contrast, when considering the magistrate judge’s orders addressing nondisposi-tive matters, the district court may modify or set aside portions of the orders only if they are “clearly erroneous or contrary to law.” … The letter clearly opposed Defendant’s actions that allegedly violated Plaintiffs FMLA rights, including her right to reinstatement. 159 Therefore, the letter qualifies as protected activity. See E.E.O.C. v.

Martin v. Bayland Inc.

403 F. Supp. 2d 568 · 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.

Humphreys v. Medical Towers, Ltd.

893 F. Supp. 672 · District Court, S.D. Texas · Jun 30, 1995

In order to establish a prima facie case of sex discrimination under the indirect method of proof, the plaintiff must show: (1) she is a member of a protected group; (2) she was qualified for the position; (3) an adverse … Alternatively, she may establish a prima facie ease by showing that she is a member of a protected class, she was qualified for the position, and persons outside the protected class were treated more favorably than she.

Owens v. Drywall and Acoustical Supply Corp.

325 F. Supp. 397 · District Court, S.D. Texas · Mar 25, 1971

Thus, whether or not contributions made by an employer to an employees’ Vacation Fund, or for that matter, whether or not contributions made for any fringe benefit qualify as monies paid “for the benefit of * * * laborers … Although the facts are not clearly stated, the claim of plaintiffs in that case seems to be limited to wages for labor and reimbursement for materials expended.

Rimkus Consulting Group, Inc. v. Hartford Casualty Insurance

552 F. Supp. 2d 637 · District Court, S.D. Texas · Aug 30, 2007

Analysis & Discussion There is no dispute that Rimkus’ office was damaged during Hurricane Katrina or that Katrina qualified as covered cause of loss. … The temporary offices were established so that Rimkus could “[a]void or minimize the interruption of business and to continue business operations ... at temporary locations.”

Husky International Electronics, Inc. v. Ritz

513 B.R. 510 · District Court, S.D. Texas · Jul 14, 2014

Thus he ruled that Husky failed to satisfy an essential element for establishing actual fraud for either § 21.223 and § 523(a)(2)(A). … Bus. & Commerce Code § 24.005 26 would qualify as “actual fraud” within the meaning of Texas Business Organizations Code § 21.223(b).

Judy Tanguma, as Next Friend of J.L.S., a Minor, et al. v. City of Mission, Texas, et al.

District Court, S.D. Texas · May 6, 2026

' Mission also.argues that it is entitled to governmental immunity from Plaintiffs’ state law claims. (Dkt. No. 6 at 8-10). … Municipalities and cities qualify as persons liable to suit under Section 1983. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690 (1978)).

Vessels v. Estelle

376 F. Supp. 1303 · District Court, S.D. Texas · Dec 18, 1973

No no notice was given prior to the second trial, but the jury was qualified during voir dire for the death penalty. However, they did not impose that sentence in defendant’s case. … Such denial was clearly within the discretion of the trial judge and does not present a question of constitutional dimension.

Amoco Oil Co. v. Phillipe Martin & Associes

811 F. Supp. 253 · District Court, S.D. Texas · Jan 27, 1993

Indeed, this Court cannot think of any forum better qualified to resolve this lawsuit. … Clearly, in this case they are not.

Smither v. United States

108 F. Supp. 772 · District Court, S.D. Texas · May 16, 1952

The named executors qualified and entered upon their duties. They continued to serve until the death of the first brother in 1929, and the death of the second brother in 1934. … The will contains the essential requisites for creation of a testamentary trust, for the identity of the trust property and of the beneficiaries, and the purposes of the trust clearly appear, 1 Scott on Trusts, § 54, p. 289

Commercial Metals Co. v. M/V LINDOS

390 F. Supp. 2d 571 · District Court, S.D. Texas · Feb 23, 2005

It imposes particularized duties and obligations upon, and grants stated immunities to, the “carrier.” … The Zemanek report’s narrative form does not clearly state whether these damaged articles include only bundled angles, or other bundled steel items as well. 4 .

Garza v. Arizona Refining Co.

634 F. Supp. 957 · District Court, S.D. Texas · May 23, 1986

Missouri Pacific distinguished between a case where the original injured party has no cause of action against the third party for a substantive reason, such as provisions of the Workers’ Compensation Act or governmental immunity … , and a case where the injured party clearly had a viable cause of action which has since expired under a statute of limitations.

Ledesma v. Urban Renewal Agcy. of City of Edinburg

432 F. Supp. 564 · District Court, S.D. Texas · May 24, 1977

For the purpose of establishing the 180 day occupancy period, negotiations for the acquisition of the property were initiated on August 9,1972, by letter addressed to the plaintiff, Jose Ledesma, General Delivery, Frisco, … Clearly this case, where the owners were forced by economic circumstances to work elsewhere to pay for their home, but had not given it up for a new home, comes within the rule and the policy of the Act itself.

Atkinson

District Court, S.D. Texas · Jun 29, 2026

Pustilnik is entitled to qualified immunity, and Ms. Atkinson’s substantive due process claim fails at the motion to dismiss stage.” ECF No. 13 at 31, Supp. … However, the factual predicate for this claim may or may not be established during discovery.” ECF No. 13 at 19. Plaintiff never sought leave to amend her complaint to add the defamation claim.

In Re Enron Corp. Secur., Deriv. &" Erisa" Lit.

610 F. Supp. 2d 600 · District Court, S.D. Texas · Mar 5, 2009

Yet it did not completely close the door on imposing liability on secondary actors: All secondary actors ... are not necessarily immune from private suit. … The majority clearly disagreed with Judge Dennis.

Julapalli v. Boom

District Court, S.D. Texas · May 15, 2024

It is well established that “a private entity may qualify as a state actor when it exercises ‘powers traditionally exclusively reserved to the State.” Manhattan Cmty. Access Corp. v. … “[T]o qualify as a traditional, exclusive public function within the meaning of [the U.S.

Dumont v. Estelle

377 F. Supp. 374 · District Court, S.D. Texas · May 22, 1974

New concepts are so well established. … Clearly, the Texas state legislature has been arbitrary in excluding nonfreeholders and nonhouseholders from grand jury participation for many years; and, clearly, nonfreeholders and nonhouseholders may have something to

Ross v. United States

226 F. Supp. 333 · District Court, S.D. Texas · Nov 12, 1963

“The Trust hereby established is for the use and benefit of (BENEFICIARY) who is the (child) of LUELLA ELIZABETH HARRIS, the daughter of Trustors. … qualified under Texas law.

Haverkamp v. Penn

District Court, S.D. Texas · Sep 23, 2024

clearly abrogated it.” … Texas has not waived its Eleventh Amendment immunity, and Congress did not abrogate that immunity when it enacted 42 U.S.C. § 1983. See NiGen Biotech, LLC v.