Case law

Doctors' Club of Houston v. United States

183 F. Supp. 152 · District Court, S.D. Texas · May 2, 1960

Similarly, qualified persons who reside outside Harris County may become nonresident members so long as they remain in good standing in their local medical or dental society. … By establishing a convenient, centrally located meeting place, it was believed that interchange would be stimulated between the practicing physicians and dentists, the medical scientists and technicians, and the medical and

Texas American Asphalt Corporation v. Walker

177 F. Supp. 315 · District Court, S.D. Texas · Sep 18, 1959

For such an injunction could not direct the issuance of the necessary certificate of exemption, nor vacate the Director’s denial of such a certificate * * * It will thus be seen that the case is clearly distinguishable from … Their administrative construction is entitled to considerable weight, and I should accept that construction unless it is shown to be clearly erroneous. Federal Trade Commission v.

Matthews v. City of Houston Fire Department

609 F. Supp. 2d 631 · District Court, S.D. Texas · Mar 10, 2009

“A prima facie case may be established by a showing that the plaintiff was a member of an identifiable [protected class]; that he was qualified for the benefit or promotion he sought; that he was denied these benefits and … To establish a prima facie case of disability discrimination, a plaintiff must show that she is a qualified individual with a disability, and that a negative employment action resulted because of that. Sherrod v. Am.

Freudensprung v. Offshore Technical Services, Inc.

186 F. Supp. 2d 716 · District Court, S.D. Texas · Feb 19, 2002

The Hargrave court then qualified this general rule by stating that “so long as a parent and subsidiary maintain separate and distinct corporate entities, the presence of one in a forum state may not be attributed to the … Under the Hargrave test, Plaintiffs vague assertions are clearly inadequate to prove that WWA and WG are indistinct entities.

Julapalli v. Boom

District Court, S.D. Texas · May 31, 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.

Johnson v. Rosenthal

District Court, S.D. Texas · Feb 22, 2023

Allegations of bad faith or malice are not sufficient to overcome judicial immunity. Id. … These allegations are clearly “judicial in nature” because the defendants’ adjudications of the cases cited by the plaintiff involved normal judicial functions, were centered on cases pending before the courts, and arose

Johnson v. Samaniego

District Court, S.D. Texas · Oct 8, 2024

Therefore, dismissal is clearly warranted under these circumstances. … Further, it is well established that inmates have a First Amendment right to access the courts. See Lewis v.

Barnstone v. University of Houston

514 F. Supp. 670 · District Court, S.D. Texas · Dec 18, 1980

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and .liberties of citizens. … That statutorily prescribed role as program selector, the defendants argue, qualifies it for the role of “speaker.”

Boutin v. Exxon Mobil Corp.

730 F. Supp. 2d 660 · District Court, S.D. Texas · Jul 30, 2010

Job termination is clearly an adverse employment action. In the present case, the parties do not dispute the first two elements of the prima facie case. … Boutin also testified that Pettus spoke with some ExxonMobil employees to determine whether she was qualified for the promotion.

In Re the Complaint of Metcalf

530 F. Supp. 446 · District Court, S.D. Texas · Dec 14, 1981

Clearly, his capacity for the enjoyment of life has been diminished. … It is unlikely that any similar position Bosarge might be qualified to hold in the future would be less taxing.

Gandaria

District Court, S.D. Texas · Mar 30, 2026

Their factual pleadings include a variety of actions taken by Dean Torres, some of which may violate Title VII and some of which clearly do not. … This does not constitute close timing sufficient to establish a causal connection.

Richardson v. Porter Hedges, LLC

22 F. Supp. 3d 661 · District Court, S.D. Texas · May 28, 2014

First, she states, “[Richardson] complained to [Porter Hedges’s] management that she was repeatedly passed over for promotions in favor of less qualified white and non-African American and/or much younger employeés. … In contrast, Richardson clearly alleged a retaliation claim in her Charge by stating that she was discriminated against “because of retaliation for opposing discriminatory hiring decisions” and that “[ajfter [she] opposed

Amica Mutual Insurance v. Moak

155 F.R.D. 165 · District Court, S.D. Texas · May 24, 1994

An insurance policy is ambiguous only when it is “reasonably susceptible to more than one meaning ... but if only one reasonable meaning clearly emerges it is not ambiguous.” Universal C.I.T. Credit Corp. v. … Donna takes the position that she and Blake are the only claimants who qualify as “covered persons” under the policy.

Engenium Solutions, Inc. v. Symphonic Technologies, Inc.

924 F. Supp. 2d 757 · District Court, S.D. Texas · Feb 15, 2013

The Court is satisfied that Wright’s experience qualifies him to be an expert. 2. … Defendants make substantially similar arguments in their own Motion for Summary Judgment, but do not delineate them as clearly. (See Defs.' Mot. for Summ. J., at 11-13.)

Hamilton v. Texas Department of Transportation

206 F. Supp. 2d 826 · District Court, S.D. Texas · May 10, 2001

A prima facie case is established once the plaintiff has proved that he (1) is a member of a protected class; (2) was qualified for his position; (3) was subjected to an adverse employment action; and (4) was replaced by … Several of the employment actions Hamilton alleges are clearly not ultimate employment actions.

Shell Trademark Management B v. v. Warren Unilube, Inc.

765 F. Supp. 2d 884 · District Court, S.D. Texas · Jan 10, 2011

However, “Rule 702 does not mandate that an expert be highly qualified in order to testify about a given issue. … See 6 McCarthy § 32:190 (“Generally, figures over 50% are regarded as clearly sufficient.”) (citing cases).

Iqbal v. The City Of Pasadena Texas

District Court, S.D. Texas · Jan 24, 2020

established constitutional law” at the time of the alleged infraction. … immunity.

Wennermark

District Court, S.D. Texas · Jan 9, 2026

Plaintiff has a qualified disability of which the County knew. … Oct. 28, 2025) (on qualified immunity). SHP does not challenge that case. SHP does challenge the Magistrate Judge’s reliance on Hutchison v.

Ruiz v. Estelle

503 F. Supp. 1265 · District Court, S.D. Texas · Dec 12, 1980

The evidence clearly denotes a number of state law violations. Defendants have correctly pointed out that recommended standards do not necessarily establish constitutional minima, Bell v. … For example, if an inmate had a condition which clearly qualified him for inclusion in Class III, the doctor may have omitted to examine him for other conditions, which properly should also be noted on his medical records

Ariel B. v. Fort Bend Independent School District

428 F. Supp. 2d 640 · District Court, S.D. Texas · Apr 20, 2006

A defendant’s response to sexual harassment is considered deliberately indifferent only if it is “clearly unreasonable in light of the known circumstances.” Id. at 648 . … ordinance, regulation, custom, or usage, of any State ..., subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities