Case law

Chavera v. Victoria Independent School District

221 F. Supp. 2d 741 · District Court, S.D. Texas · Aug 28, 2002

Matagorda County, 35 F.Supp.2d 952, 957 (S.D.Tex.1999) (“Constructive discharge qualifies as a tangible or adverse employment action.”) (citing Benningfield v. … This action is clearly within the statutory time period for a Title VII claim.

Chavez v. Alvarado

District Court, S.D. Texas · Jul 22, 2021

Sovereign immunity has two parts: “immunity from liability and immunity from suit.” Id. (citation omitted). “Immunity from suit bars suit against the entity altogether.” Id. (citation omitted). … The plaintiffs allege that the policy is a practice “so pervasive as to have the force of law,” built on the City’s “proclivity to ‘turning a blind eye’ . . . to gross violations of clearly established constitutional rights

Harrison v. FORMOSA PLASTICS CORP. TEXAS

776 F. Supp. 2d 433 · District Court, S.D. Texas · Mar 10, 2011

The Fifth Circuit has held that a prima facie case of age discrimination is established when evidence of the following is presented: (1) the plaintiff was discharged; (2) he was qualified for the position; (3) he was forty … Formosa admits that Harrison, age 59, was qualified as an operator and discharged from employment.

Bonton v. Archer Chrysler Plymouth, Inc.

889 F. Supp. 995 · District Court, S.D. Texas · Jun 9, 1995

A corporation qualifies as a “person” and may be subject to RICO liability. Haroco, Inc. v. … Archer clearly is not employed by Archer; nor is it logical to say that Archer is associated with Archer. See B.F. Hirsch v. Enright Refining Co., 751 F.2d 628, 633 (3d Cir.1984).

Robinson v. Houston-Galveston Area Council

566 F. Supp. 370 · District Court, S.D. Texas · Apr 4, 1983

The Secretary is authorized to establish standards regulating the structure and functioning of HSA’s, which requirements must be met by the designee. … early stage in all proposed actions which concern the Area Health Commission, its functions, its administration, its staff, and its budget. 4— The governing body selection process should be rewritten so that it is more clearly

Cade v. Holt

32 F.2d 257 · District Court, S.D. Texas · Jul 9, 1927

Cade, is an assumption and is not established by proof. … The plain and simple facts of the ease are, as established clearly both by the testimony of William Cade and the instruments themselves: That William Cade conveyed his interest and title in the property without reservation

Thomas v. Trevino

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

As to any portion for which no objection is filed, a district court reviews for clearly erroneous factual findings and conclusions of law. United States v. … Upon review, the Court agrees that Plaintiff's due process claims against Trevino and Nunez in their official capacities should be dismissed without prejudice as the dismissal is based on Eleventh Amendment immunity, rather

Pineda v. City of Houston

124 F. Supp. 2d 1057 · District Court, S.D. Texas · Dec 6, 2000

On April 7, 1999, Barrera, Herrada, Till-ery, and Willis filed a motion for partial summary judgment on claims arising from the death of Pedro Oregon Navarro based on qualified immunity (Docket Entry No. 46). … On April 8, 1999, Barrera, Herrada, Tillery, and Willis filed a motion to dismiss the § 1983 claims asserted by Rogelio Oregon Navarro, Salvador Lopez, and Nelly Mejia based on qualified immunity (Docket Entry No. 47); Strouse

Broyles v. Texas

643 F. Supp. 2d 894 · District Court, S.D. Texas · Jul 2, 2009

“A motion to alter or amend the judgment under Rule 59(e) ‘must clearly establish either a manifest error of law or fact or must present newly discovered evidence’ and ‘cannot be used to raise arguments which could, and should … Under Texas Election Code § 11.002, a "qualified voter” means a person who: (1) is 18 years of age of older (2) is a United States citizen; (3) has not been determined mentally incompetent by a final judgment of a court;

Guardian Life Insurance v. Kinder

663 F. Supp. 2d 544 · District Court, S.D. Texas · Sep 28, 2009

In the present case, the summary judgment evidence clearly establishes that valid contracts existed between the parties. … Further, the agreements clearly set forth how and when debt was to be repaid upon termination.

Cuellar

District Court, S.D. Texas · Mar 3, 2026

“A complaint lacks an arguable basis in fact if, after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” -Rogers v. … Kumar, 873 F.3d 273, 280 (Sth Cir. 2017) (“[I]t is well established that prisoners have no due process rights in the inmate grievance process.”); Mahogany v. Miller, 252 F.

General Electric Co. v. Inter-Ocean Shipping

862 F. Supp. 166 · District Court, S.D. Texas · Aug 29, 1994

COGSA applies where the shipper had actual notice of on-deek storage or consent can be imputed from an established custom. See Seguros Banvenez, S.A. v. S.S. Oliver Drescher, 761 F.2d 855, 859 (2d Cir. 1985). … Cargoes are dealt with by parties far removed from knowledge of the nature and context of the shipment except as it is clearly reflected in the shipping documents.

Saudi v. S/T MARINE ATLANTIC

159 F. Supp. 2d 512 · District Court, S.D. Texas · Jul 24, 2001

Saudi also questions the magistrate judge’s finding that Saudi was not qualified to testify on the seven designated areas. … Trust argues that the Izens have not established the admissibility of the document entitled “Cargo Gear Certification and Testing” of the vessel at issue, purportedly conducted by Robert P.

David H. v. Spring Branch Independent School District

569 F. Supp. 1324 · District Court, S.D. Texas · Aug 5, 1983

That this is their constitutional right is clearly affirmed in a number of recent decisions in various judicial jurisdictions. 118 Cong.Rec. 525 (1972). The decisions to which Senator Humphrey referred are Penn. … First, her credentials demonstrate that not only is she well qualified in the field of psychology *1337 but in education as well.

Yates-Williams v. Nihum

268 F.R.D. 566 · District Court, S.D. Texas · Jun 28, 2010

The standard of care must be established by expert testimony unless the mode or form of treatment is a matter of common knowledge or is within lay experience. Jackson v. Axelrad, 221 S.W.3d 650, 655 (Tex.2007). … If Rule 26 applies, the report is clearly timely filed. Even if § 74.351 applies, the report is timely filed.

Dreyer v. Jalet

349 F. Supp. 452 · District Court, S.D. Texas · Sep 18, 1972

Clearly concerted action, or closely intertwined conduct, of private parties and state officials establishes sufficient state involvement to satisfy the jurisdictional requisites. Smith v. … This problem is not one of first impression and has received the considered attention of highly qualified people in this country.

Burnaman v. Bay City Independent School District

445 F. Supp. 927 · District Court, S.D. Texas · Feb 15, 1978

Briggs is a well-qualified educator who has served for relatively brief periods with multiple-school districts throughout south and east Texas. Dr. … Strickland, supra, established that in this area of the law, ignorance is no defense. It is also established that Dr. Kelly, Dr. Roberson and Dr.

Abelenda

District Court, S.D. Texas · Mar 5, 2026

To the extent these arguments raise additional claims, they were not clearly pleaded as independent causes of action in the Petition. … “[I]t is well established that the [plaintiff] may not amend their Complaint through briefs submitted in response to [defendant’s] motion to dismiss.” Skidmore Energy, Inc. v.

Moreno v. Kwarting

District Court, S.D. Texas · Nov 23, 2021

Ass’n, 79 F.3d 1415 (5th Cir. 1996).3 As to any portion for which no objection is filed, a district court reviews for clearly erroneous factual findings and conclusions of law. United States v. … and Eleventh Amendment immunity as to Plaintiff’s § 1983 claims (Id. at 21–23); (g) Plaintiff is not entitled to default judgment in this case (Id. at 28); and (h) the Court should not issue injunctive relief against

Diogu II v. George

District Court, S.D. Texas · May 2, 2025

He argues that the individual capacity claims fail because qualified immunity shields him from any liability. ECF No. 20 at 13. … KP George argues that he is shielded by qualified immunity, that he was not personally involved in the conduct, and that there are no plausible Monell, failure to train, or failure to discipline claims.