Case law

Rivera v. Harris County

District Court, S.D. Texas · Jun 10, 2022

She also asserts that she is entitled to qualified immunity. Id. The Mayor additionally argues that the plaintiffs have no evidence of “ordinary citizen” First Amendment violations. … Additionally, she argues that the plaintiffs have failed to establish that any of her actions violate clearly established laws or that the Mayor and Constable had a meeting of the minds to violate Luman’s and Arellano’s

Long-Walker v. Fort Bend ISD

District Court, S.D. Texas · Feb 25, 2025

The Rehabilitation Act prohibits discrimination against a qualified individual with a disability by any program or activity receiving federal financial assistance. Lollar v. … The Amended Complaint fails to clearly articulate a substantive due process claim.

T.S.C. Motor Freight Lines, Inc. v. United States

186 F. Supp. 777 · District Court, S.D. Texas · Aug 1, 1960

But § 7 provides that an examiner qualified under the Act “shall preside at the taking of evidence.” … Indeed, it is clearly in the public interest that they continue to do so. Section 5 (c) does not purport to isolate the agency heads from their staffs.

Vallejo v. Garda CL Southwest, Inc.

56 F. Supp. 3d 862 · District Court, S.D. Texas · Sep 29, 2014

Although the plaintiffs contend that they were not engaged in interstate commerce in their work because their deliveries and routes were intrastate, Garda itself clearly operates in interstate commerce. … Garda qualifies as a motor carrier subject to the jurisdiction of the Secretary of Transportation. 2.

Hernandez v. Kloesel

District Court, S.D. Texas · Aug 5, 2025

immunity. … The court granted summary judgment against Hogan, finding that he “suffered no actionable injury,” that he had “no basis for an assault claim against Officer Kloesel,” and that Kloesel was entitled to qualified immunity

Taylor v. Dam

244 F. Supp. 2d 747 · District Court, S.D. Texas · Jan 7, 2003

The burden of establishing federal jurisdiction rests on the party seeking to invoke it. See Ramming v. … General Because Congress has waived the government’s sovereign immunity for suits alleging discrimination in a government workplace on the basis of race, sex, color, religion, and national origin, a federal employee may bring

Koenning v. Suehs

897 F. Supp. 2d 528 · District Court, S.D. Texas · Sep 18, 2012

The District Court for the Eastern District of Texas “decline[d] the invitation to reach the callous and clearly unequal result” of denying the plaintiff a medically necessary device that “would routinely be provided were … No. 18, Ex. 2), the Court finds that she is not qualified to offer a valid opinion about whether a mobile stander is medically necessary for each Plaintiff.

Tiemeyer v. Quality Publishing, Inc.

144 F. Supp. 2d 727 · District Court, S.D. Texas · Apr 2, 2001

To establish a prima facie case of age discrimination under the ADEA, a plaintiff must prove four elements: (1) he is a member of a protected class; (2) he was qualified for the position that he held; (3) he was discharged … See Hamilton, 232 F.3d at 480 (“Under Texas law, a plaintiff establishes a fraudulent inducement claim

Lindquist v. CITY OF PASADENA, TEX.

656 F. Supp. 2d 662 · District Court, S.D. Texas · Sep 10, 2009

[I]t became a check cashing establishment at that point in time.” (Id., at 6:1-7). … Even if the City Council did not follow all the ordinance requirements, they clearly followed the purpose of the ordinance and the grandfather provisions.

Bosman v. Harris County Domestic Relations Office

District Court, S.D. Texas · Apr 7, 2025

A claim has no arguable basis in fact if “after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Talib v. … Therefore, to establish his conspiracy claim in this instance, plaintiff was required to plead specific, non-conclusory facts establishing that the defendants entered into an agreement to violate his constitutional rights

Pelletier v. InterBank

District Court, S.D. Texas · May 20, 2020

App’x 363, 365 (5th Cir. 2014) (finding law firm qualified for attorney immunity because it was retained to assist in the foreclosure and the actions complained of by the plaintiffs were in the scope of its representation … It is undisputed that the Notes, Deeds of Trust and/or Forbearance Agreements are unambiguous and do not clearly express an intent to confer upon the plaintiff third-party beneficiary status.

Waste Mgmt., Inc. v. Aig Specialty Ins. Co.

377 F. Supp. 3d 700 · District Court, S.D. Texas · Mar 28, 2019

The court held that the letters qualified as "a written demand for monetary damages." Id. at 441 . … This is problematic because it is contrary to the existing law established by both the Supreme Court of Texas and the Fifth Circuit, and this Court is not authorized to rule contrary to established Fifth Circuit law, nor

Papillion v. City of Galveston, Texas

District Court, S.D. Texas · Jun 9, 2025

Mach argues that “Papillion fails to, and cannot, establish the complained of discrimination was based upon her race.” Dkt. 27 at 7. … Papillion has clearly alleged that race was a but-for cause of her injury.

Sergeant Oil & Gas Co. v. National Maintenance & Repair, Inc.

861 F. Supp. 1351 · District Court, S.D. Texas · Aug 30, 1994

The fact that Lehman, who is not a qualified chemist, “created” the MSDS, seems somewhat irregular. … While these may qualify as harm, they clearly are not sufficiently serious to satisfy the “extreme risk” component of gross negligence.

Waldmann v. Fulp

259 F. Supp. 3d 579 · District Court, S.D. Texas · Oct 12, 2016

And these representations were clearly misleading in context. … Defendants also argue that at least “delegation is clearly permissible under state and federal law when the physician is physically present in the operating room.” (Dkt.

David v. Hill

401 F. Supp. 2d 749 · District Court, S.D. Texas · Nov 16, 2005

Kerner, 404 U.S. 519, 520 , 92 S.Ct. 594 , 30 L.Ed.2d 652 (1972) (per curiam), and his allegations must be accepted as true, unless they are clearly irrational or wholly incredible, Denton v. … The Fifth Circuit has established that “[t]o prevail on a claim of retaliation, a prisoner must establish (1) a specific constitutional right, (2) the defendant’s intent to retaliate against the prisoner for his or her exercise

State of Texas v. Gonzalez

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

Texas also argues that Gonzalez fails to clearly identify a “colorable federal defense,” and this failure waives any basis for removal. (Id. at 6). … “’Colorable’ here means plausible, not ‘clearly sustainable.’” Kleinert, 855 F.3d at 313 (quoting Jefferson Cnty., 527 U.S. at 432, 119 S.Ct. at 2075).

Blansett v. Continental Airlines, Inc.

246 F. Supp. 2d 596 · District Court, S.D. Texas · Dec 11, 2002

The Fulop and Husain courts clearly considered failure to properly carry out the routine procedures of the industry to be an accident. … Kahn fail to demonstrate that he is a qualified expert in many, if not all, of the subjects on which he opines.” Def.’s Dec. 9, 2002 Reply at p. 4 n. 5. In his affidavit, Mr.

Reuter v. XTO Energy, Inc.

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

EXXONMOBIL IS NOT A PROPER DEFENDANT It is well-settled that a defendant cannot be held liable for discrimination or retaliation under the ADA unless it qualifies as an “employer” under … The actual paychecks are attached as exhibits to the Motion for Summary Judgment and clearly list XTO, not ExxonMobil, as the issuing party.

Dawson v. Vance

329 F. Supp. 1320 · District Court, S.D. Texas · Jul 29, 1971

The Court accepts as established fact that there has never been. 3. As heretofore indicated, the adversary parties here have stipulated to the material facts in this case. The stipulation is of record. … It is to be remembered that Dombrowski itself recognized that class of state penal statutes that must remain immune to summary and interposing federal equitable review and perhaps abrogation on constitutional grounds. 380