Case law

Desouze v. Williams

District Court, S.D. Texas · Oct 30, 2024

the case and dismiss the complaint at any time if it determines that the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … It 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.” Id. (cleaned up).

Goad v. United States

661 F. Supp. 1073 · District Court, S.D. Texas · Jun 5, 1987

Plaintiff bases this assertion on the remarkable premise that the Goads’ divorce decree does not qualify as a “court order” that can be honored pursuant to the FSPA because it refers to military “benefits” rather than military … Second, this suit is clearly brought in violation of the second clause of Rule 11. This Court cannot help but note and deplore the meanness of spirit with which this action is brought. Mr.

United States v. Thompson

390 F. Supp. 337 · District Court, S.D. Texas · May 13, 1974

Considering its permanence and the uniformity of its operation, its geographical location, and the minimal inconvenience to the traveling public, I am of the view that this location on Highway 1017 qualifies in every particular … By reason of Almeida-Sanchez's holding of § 1357 (a) (3) unconstitutional, the Separability Clause [§ 406] of the Immigration and Nationality Act [66 Stat. at 281] would clearly apply as to § 1357(a)(1) of Title 8, U.S.C.A

Portwood v. State of Texas

District Court, S.D. Texas · Sep 30, 2022

“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.” Id. … A plaintiff seeking to establish “supervisor liability for constitutional violations committed by subordinate employees . . . must show that the supervisor acted, or failed to act, with deliberate indifference to violations

United States v. Lucio

996 F. Supp. 2d 514 · District Court, S.D. Texas · Apr 18, 2013

[therefore, his interests are clearly opposite to Mr. Lucio’s interests in avoiding Mr. Blaylock’s testimony.” [Id.]. … Defendant has clearly reneged on his earlier position that a severance would cure this problem. .

Stewart v. Potts

996 F. Supp. 668 · District Court, S.D. Texas · Mar 6, 1998

REVIEW In the absence of a statutory review standard, the Court must look to the standard established by the Administrative Procedure Act (“APA”), 5 U.S.C. § 706 . Sierra Club v. … The Corps must be allowed discretion to rely on the reasonable opinions of its own qualified experts even though the Court might find contrary views more persuasive. Marsh v.

Moore v. Thompson

131 F. Supp. 658 · District Court, S.D. Texas · Apr 29, 1953

for a disability annuity which was denied on or about March 22, 1948, on the ground that he was less than 60 years of age, had less than 20 years service and was not totally and permanently disabled for hire, and did not qualify … administrative agencies or accounting officers, under 45 U.S.C.A. § 228j(b) 1; and can only be reviewed by the Courts, under section 228k of Title 45, by a proceeding brought for that purpose, upon a showing that it is clearly

Dew v. Metropolitan Life Insurance

69 F. Supp. 2d 898 · District Court, S.D. Texas · Sep 17, 1999

Because the Plan clearly and unequivocally gives the administrators discretionary authority to construe the terms of the plan, the administrators’ decisions are reviewed under the “abuse of discretion” standard. … The administrative record also establishes that, after a second "appeal” from Met Life’s decision, Met Life obtained an additional independent medical review of Dew’s file.

Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC

884 F. Supp. 2d 499 · District Court, S.D. Texas · May 31, 2012

To state a prima facie case, the plaintiff must establish that (i) she is a member of a protected class; (ii) she is qualified for the position; (iii) an adverse employment action occurred; and (iv) she was replaced by someone … May 4, 2012) (“In its Amended Complaint, the EEOC has stated the claiming parties’ race, relevant dates, positions applied for, and that the applicants were qualified for the positions which were filled with less qualified

In Re Baker Hughes Securities Litigation

136 F. Supp. 2d 630 · District Court, S.D. Texas · Mar 30, 2001

“To qualify for dismissal under Rule 12(b)(6), a complaint must on its face show a bar to relief.” Clark, 794 F.2d at 970 . III. … According to the Plaintiffs, the GAAP violations are most clearly reflected in Baker’s retained earnings.

Herridge v. Montgomery County, Texas

District Court, S.D. Texas · Dec 10, 2024

The County argues that attorney’s fees should not be awarded because Herridge did not prevail on his Mone// claim and did not overcome qualified immunity in his claims against Williams. (Doc. … In essence, the County argues that fees should not be awarded because the Court did not rule for Herridge on his Monei// claim and it granted Williams qualified immunity.

Striz v. Collier

District Court, S.D. Texas · Aug 29, 2019

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.

Proske v. Barrett Daffin Frappier Truner & Engel, LLP

District Court, S.D. Texas · Nov 6, 2019

A mortgagor qualifies as a consumer under the DTPA if “his or her primary objective in obtaining the loan was to acquire a good or service, and that good or service forms the basis of the complaint.” Miller v. … Barrett Daffin is entitled to summary judgment on both immunity grounds and, as explained above, on the merits of the claims. IV.

Kozlowski v. Buck

District Court, S.D. Texas · May 18, 2022

Healthy Defense and Qualified Immunity Defendants have presented arguments in support of their Mt. Healthy defense, as well arguments in favor of qualified immunity. … Mar. 2, 2022) (“Because the Court has already concluded that no constitutional violation has occurred, it need not address whether [Defendants were] entitled to qualified immunity.” (cleaned up)); Perna v.

Locke v. Massanari

285 F. Supp. 2d 784 · District Court, S.D. Texas · Jul 20, 2001

The claimant has the burden of establishing the first four steps of the five-step sequential process by establishing that he has a severe impairment, which prevents her from performing her past relevant work. … The list of symptoms needed to diagnose CFS are clearly stated in her August 10, 1995 letter (R. 115).

Hoover v. Beto

306 F. Supp. 980 · District Court, S.D. Texas · Nov 18, 1969

amendments in the year 1966 of Section 2244 and Section 2254 of the federal habeas corpus act, Title 28, U.S.C.A., Section 2241 et seq., have been construed together, in pari materia, as adding provisions to that statute for a qualified … The functional tests already established by the United States Supreme Court in this nascent and vital area are clearly possessed of becoming fairness, firmness, and flexibility. Stovall v.

United States Ex Rel. Longhi v. Lithium Power Technologies, Inc.

530 F. Supp. 2d 888 · District Court, S.D. Texas · Jan 3, 2008

The FCA clearly delineates two separate calculations, which comprise the amount of a violator’s liability. 31 U.S.C. § 3729 (a). … Peterson argued that the patients had received the physical therapy performed by qualified people, so the government was not harmed. Id. at 52 .

Waldrup v. Henderson

District Court, S.D. Texas · Mar 20, 2023

He alleges that Henderson is liable because, although he is statutorily responsible for summoning qualified grand jurors, he failed to ensure qualified jurors in Waldrup’s cases and conspired to impanel jurors who would … As the party invoking federal jurisdiction, a plaintiff bears the burden to establish these elements and “must clearly allege facts demonstrating each element.” Id. at 338 (cleaned up).

Gonzalez v. Gordy

District Court, S.D. Texas · Aug 2, 2022

On April 25, 2019, Magistrate Judge Ellington issued a Memorandum and Recommendation (the “Gordy M&R”), recommending that Gordy’s motion to dismiss be granted on the issue of qualified immunity and that Gonzalez … immunity and (2) retain Gonzalez’s excessive force claim against Resendez in her individual capacity, under the screening provision of 28 U.S.C. § 1915(e)(2)(B).

United States v. Kay

200 F. Supp. 2d 681 · District Court, S.D. Texas · Apr 18, 2002

Here, Defendants argue that they did not make the alleged payments to Haitian officials to obtain new business or to renew existing business, as ARI had already established its business in Haiti and made the payments in issue … A court cannot “supply to construction what Congress has clearly shown its intention to omit.” Carey v. Donohue, 240 U.S. 430, 437 , 36 S.Ct. 386 , 60 L.Ed. 726 (1916); see also INS v.