Case law

Fisher

District Court, S.D. Texas · Aug 7, 2026

established constitutional law.” … immunity and Monell liability.

First Victoria National Bank v. United States

443 F. Supp. 865 · District Court, S.D. Texas · Jan 23, 1978

After Babb’s death on July 4, 1973, the Plaintiff duly Qualified as Independent Executor of his estate. The Plaintiff filed an estate tax return which did not include as a taxable asset any producer rice allotment. … The Court then noted that the clause “shall be apportioned” in 7 U.S.C. § 1353 clearly shows that “any transfer could only be accomplished by subsequent events, and with limitations as to whom the transferee might be.”

Sanchez v. Jenkins

District Court, S.D. Texas · Mar 22, 2022

In particular, only those sanctions that “inevitably affect the duration of [a prisoner’s] sentence” may qualify for constitutional protection under the Due Process Clause. Jd. at 487. … Therefore, he cannot establish that he suffered an injury in connection with the confiscation of his legal materials, see id., and his access-to- courts claim must be dismissed. 3.

Ruth Anne M v. Alvin Independent School District

532 F. Supp. 460 · District Court, S.D. Texas · Jan 18, 1982

Clearly, the administrative enforcement scheme is of limited utility to individual complainants. … In order for the plaintiffs to establish a violation of the EHCA prior to that time, however, it is incumbent upon plaintiffs to establish that Gordon was in fact a handicapped child within the meaning of the Act at all times

Younger Brothers, Inc. v. United States

289 F. Supp. 545 · District Court, S.D. Texas · Sep 17, 1968

That the Commission erred in failing to consider the established Commission criteria for choosing between multiple applicants. … Plaintiffs assert that the record clearly shows that not only has their service been adequate, they have been capable of transporting several times the number of loads they have been called upon to carry in the past.

NEUTRINO DEVELOPMENT CORP. v. Sonosite, Inc.

423 F. Supp. 2d 673 · District Court, S.D. Texas · Mar 21, 2006

The Federal Circuit determined that the drawings could not be relied upon to establish the size of the groove relative to the fins. … Nonetheless, the disclosure must clearly convey to one skilled in the art that the inventor was in possession of the invention.

Printing Industries of Gulf Coast v. Hill

382 F. Supp. 801 · District Court, S.D. Texas · Dec 23, 1974

It was seen as absolutely essential to the democracy which the founding fathers established. … Case law has established that forced disclosure of membership in a particular group may well violate the first amendment’s guarantee of the free assembly.

United Neurology, P.A. v. Hartford Lloyd's Insurance

101 F. Supp. 3d 584 · District Court, S.D. Texas · Mar 31, 2015

Since Athari did not purchase any goods or services from Hartford, Athari cannot qualify as a “consumer” with respect to Hartford. … The Court agrees that Athari does not qualify to be a “consumer” under the DTPA. Therefore its DTPA claims must be dismissed as a matter of law.

Baker v. Union Pacific Railroad Co.

145 F. Supp. 2d 837 · District Court, S.D. Texas · Feb 1, 2001

Notwithstanding the Court’s conclusion that these claims are clearly time-barred, the Court will address each of Plaintiffs claims on its merits. IV. DISCRIMINATION CLAIMS UNDER TITLE VII AND § 1981 A. … To qualify as protected activity, the complaints must relate clearly to discrimination covered by Title VII. See Winchester v.

West v. United States

332 F. Supp. 1102 · District Court, S.D. Texas · Oct 27, 1971

Bishop, 194 Okl. 209 , 148 P.2d 472, 475 (1944), where the value of jointly acquired property was not definitely established by testimony, the Court approved an unequal but equitable settlement as made by the lower court: … Thus, parol evidence is clearly admissible to ascertain the intent of the parties to such an ambiguous agreement, Scofield v. Greer, 185 F.2d 551 (5th Cir. 1960); Taylor v. Campbell, 355 F.2d 841 (5th Cir. 1964).

Dunn McCampbell Royalty Interest, Inc. v. National Park Service

964 F. Supp. 1125 · District Court, S.D. Texas · Jun 20, 1995

"Where no specific statute grants a private cause of action, the Administrative Procedures Act (APA), 5 U.S.C. § 702 , et seq., waives sovereign immunity of the federal government for a plaintiff “aggrieved by agency action … Therefore, the Texas legislature clearly envisioned concurrent regulation of the National Seashore with the federal government.

Lewis Brisbois Bisgaard and Smith LLP v. Bitgood

District Court, S.D. Texas · Aug 14, 2024

Lastly, the court concluded that “neither Beers nor Norman is entitled to attorney immunity for purposes of a preliminary injunction” because “[a]ttorney immunity is a form of absolute immunity, and absolute immunity does … Next, as to the sixth digit, Defendant’s intent clearly points towards a likelihood of confusion finding.

Yip v. Life Insurance Company of North America

District Court, S.D. Texas · Nov 2, 2021

The plan clearly states in § 2.1(B)(1): . … However, given the three qualified medical experts who found no objective medical evidence of disability, the administrator, under the established standard of review that restricts the courts, was not

Harris County Wrecker Owners for Equal Opportunity v. City of Houston

943 F. Supp. 711 · District Court, S.D. Texas · Oct 21, 1996

“The ways in which federal law may pre-empt state law are well established and *720 in the first instance turn on congressional intent.” Wisconsin Pub. Intervenor v. … “Mere silence,” the Court said, would not “suffice to establish ‘a clear and manifest purpose’ to pre-empt local authority.” Id. *727 (quoting Rice v.

Guajardo v. McAdams

349 F. Supp. 211 · District Court, S.D. Texas · Sep 25, 1972

Clearly intercepting and refusing to mail letters to a state Supreme Court will not be allowed. Jenks v. Henys, 378 F.2d 334 (9th Cir. 1967) (a civil rights action). In Cox v. … Director of Patuxent, 429 F.2d 1189, 1192 (4th Cir. 1970), held *217 “ ‘a right of access to the courts is one of the rights a prisoner clearly retains.

Jackson v. University of Texas M.D. Anderson Cancer Center

172 F. Supp. 2d 860 · District Court, S.D. Texas · Oct 30, 2001

The burden on defendant is one of production — and not of persuasion 22 —which means that a “defendant must clearly set forth, through the introduction of admissible evidence, reasons for its actions, which ‘if believed by … Anderson’s physicians and that of the relevant qualified applicant pool.

East Texas Baptist University v. Sebelius

988 F. Supp. 2d 743 · District Court, S.D. Texas · Dec 27, 2013

Second, the proposed rules would establish accommodations for health coverage established or maintained by eligible organizations, or arranged by eligible organizations that are religious institutions of higher education, … The plaintiffs clearly meet this requirement.

McVey v. Johnson

547 B.R. 661 · District Court, S.D. Texas · Mar 21, 2016

A court abuses its discretion when its decision is based on an erroneous legal conclusion or on a clearly erroneous finding of fact. See Daniels v. Barron (In re Barron), 325 F.3d 690, 692 (5th Cir.2003). IV. … (5th Cir.2008), Appellants argue that even if pursuant to 28 U.S.C. § 1447 (d) this court has no jurisdiction to review the Bankruptcy Court’s remand order, the Bankruptcy Court’s dual rulings on their motion to dismiss qualify

Grinin v. Johnson

224 F. Supp. 3d 525 · District Court, S.D. Texas · Dec 15, 2016

“It is well settled that the applicant for a visa bears the burden of establishing eligibility.” Id. … The revised document did not address the agency’s concerns or provide significantly more specificity about Grinin’s day-to-day duties. 8 C.F.R. § 204.5 (j)(5) (requiring a detailed statement that “clearly described] the duties

Kossie v. Crain

602 F. Supp. 2d 786 · District Court, S.D. Texas · Apr 9, 2009

Plaintiff Fails To Establish A Basis For Relief Pursuant To Rule 59. … However, he fails to establish a basis for relief on that ground.