Case law

Stone v. Academy, Ltd.

156 F. Supp. 3d 840 · District Court, S.D. Texas · Jan 12, 2016

Stone’s Intake Questionnaire qualifies as a charge. For the reasons below, the Court finds that it does. … She clearly identified Academy and Pacesetter in the section soliciting information about the organization that allegedly discriminated against the filer. (Doc. No. 33, Ex. A at 1).

Wood v. Katy Independent School District

163 F. Supp. 3d 396 · District Court, S.D. Texas · Sep 30, 2015

He did not qualify as a student with dyslexia under the evaluation established in 2004’s Texas Dyslexia Handbook. KISD 2004 Evaluation, CAR Vol. Ill at 1368-1403; 2004 Dyslexia Handbook, CAR Vol. … For the first time, under new 2006 IDEA regulations, 34 C.F.R. § 300.309 (a)(l)(v), established by the U.S.

Malone v. 107th District Court

District Court, S.D. Texas · Feb 4, 2025

Additionally, judicial immunity is an immunity from suit. See Mireles, 502 U.S. at 11. … These are clearly judicial acts and meet 5th Circuit’s test for qualification as such.

Barr v. Arco Chemical Co., A Division of Atlantic Richfield Co.

585 F. Supp. 470 · District Court, S.D. Texas · May 1, 1984

This prima facie case consists of proof that plaintiff was: (1) in the protected age group; (2) qualified to do his job; (3) discharged; and (4) replaced by a younger worker. … In the case at bar, Plaintiff clearly established his prima facie ease, i.e., (1) he was between the ages of forty and sixty at all times relevant to this lawsuit; (2) he was effectively discharged by being forced to choose

Williamson-Dickie Manufacturing Co. v. M/V Heinrich J

762 F. Supp. 2d 1023 · District Court, S.D. Texas · Jan 31, 2011

In the absence of an evidentiary hearing on the matter, courts will allow a plaintiff to carry this burden by establishing facts, taken as true, that establish venue. … Thus, when the transferee venue is not clearly more convenient than the venue chosen by the plaintiff, the plaintiffs choice should be respected.”

Canada Hockey LLC v. Texas A&M University Athletic Department

District Court, S.D. Texas · Sep 4, 2020

The Court also finds that there is, at this juncture, no reason to reconsider its ruling on qualified immunity. … The Court sustains the objection to the declaration as far as it purports to state that Canning cannot find his copy of the contract as that is clearly speculation.

Welder v. United States

329 F. Supp. 739 · District Court, S.D. Texas · Jul 23, 1971

Alternatively, they contend that at least $173,019.46, or approximately 40 percent of the total expenses for the year 1960 would qualify. … It is very clearly set out in Jamison, Tax Planning With Livestock and Farming Operations, 1961 So. Calif.

Odonnell v. Harris County

260 F. Supp. 3d 810 · District Court, S.D. Texas · May 11, 2017

clearly cannot pay because of their indi *814 gence, without procedural protections. … The Order, for instance, does not run against judicial defendants in their judicial capacity, so judicial immunity is not. implicated.

Clemons v. Lumpkin

District Court, S.D. Texas · Jul 27, 2023

Because the Eleventh Amendment protects the states’ sovereign immunity, federal courts lack jurisdiction over suits against a state for money damages unless the state has waived its immunity or Congress has clearly abrogated … that immunity.

Coalition to Preserve Houston v. Interim Board of Trustees of Westheimer Independent School District

494 F. Supp. 738 · District Court, S.D. Texas · Jul 1, 1980

Such remedy is clearly inapplicable to the present Defendant since it did attempt to have the voting change approved by the Attorney General before the election took place. … Catron, particularly with regard to his establishing familiarity with the case file and researching the attorneys’ fees issues.

Dickinson Leisure Industries, Inc. v. City of Dickinson

329 F. Supp. 2d 835 · District Court, S.D. Texas · Feb 27, 2004

The Ordinance establishes the following rules for nonconforming uses: 2. Movement, alteration and enlargement. … Smith, 60 F.3d 1161, 1165 (5th Cir.1995) (“[I]t is clearly settled that, except for the limited exception Congress has established, exhaustion of state judicial or administrative remedies is not a prerequisite to the bringing

United States Ex Rel. Cassaday v. KBR, Inc.

590 F. Supp. 2d 850 · District Court, S.D. Texas · Dec 16, 2008

Thus, the Court must determine whether Cassaday has met his burden to establish Congress intended to preclude arbitration of FCA retaliation claims. See Am. Heri *858 tage Life Ins. … In sum, the text of the FCA does not establish Congress intended to preclude arbitration of FCA retaliation claims.

United States v. Marchan

32 F. Supp. 3d 753 · District Court, S.D. Texas · Jan 14, 2013

As long as the evidence established the existence of at least two acts, then the RICO conviction need not be overturned. … Further, even if Count 5 fails (due to the Brock doctrine) to qualify as a Hobbs Act violation, it still would qualify as a predicate act supporting a pattern because the conduct found by the jury would constitute bribery

South Avis Realty, Inc. v. Neece

District Court, S.D. Texas · Jun 29, 2020

Mot., Doc. 47, 3 (emphasis in original)) SAR argues that by making this representation, Neece “clearly intended to induce Mr. … protections that the attorney immunity doctrine provides.

Weatherford U.S., L.P. v. Iron IQ, Inc.

District Court, S.D. Texas · Oct 29, 2024

“To prevail on a Rule 59(e) motion, the moving party must ‘clearly establish either a manifest error of law or fact or must present newly discovered evidence.’” Id. (quoting Simon v. … the privilege or immunity applies outside of tort claims.

United States v. Fuentes

379 F. Supp. 1145 · District Court, S.D. Texas · Jun 13, 1974

In the wake of AlmeidaSanchez, a significant question has been raised over what is and what is not an “established”, “fixed” or “permanent” checkpoint. … On remand, the Ninth Circuit took the case up en banc and held 7 to 6 that the search was clearly illegal under the Almeida-Sanchez rationale.

Northern Marine Underwriters, Ltd. v. FBI Express, Inc.

697 F. Supp. 2d 695 · District Court, S.D. Texas · Nov 13, 2009

Clearly, the actions of the driver to which Plaintiff attributes fault occurred in Mexico. … Clearly, the two parties worked very closely with one another. Although Mr.

Magee v. Life Insurance Co. of North America

261 F. Supp. 2d 738 · District Court, S.D. Texas · Apr 22, 2003

To determine whether a particular plan qualifies as an ERISA plan, the Fifth Circuit asks whether the plan “(1) exists; (2) falls with the safe harbor exclusion established by the Department of Labor; and (3) meets the ERISA … LINA argues that the Plan designated Southdown as Plan Administrator and the SPD clearly indicates that Southdown endorsed the program.

VANDERBILT MORTG. AND FINANCE, INC. v. Flores

747 F. Supp. 2d 794 · District Court, S.D. Texas · Oct 20, 2010

The Trevinos qualify as property owners, or debtors or obligors, with respect to the liens placed on their property. b. … The above evidence clearly establishes that Clayton was involved in dealing with the fall-out from the events at the Corpus Christi store.

Bonnie Ann F. Ex Rel. John R.F. v. Calallen Independent School District

835 F. Supp. 340 · District Court, S.D. Texas · Sep 9, 1993

The IEP is to be developed jointly by a school official qualified in special education, the child’s teacher, the parents or guardian, and, where appropriate, the child. … The plaintiff has not established that any of these elements of the RPEG were not being satisfied. 12 .