Case law
Opinions from 1658 to today.
2,190 results
0.90s
606 F. Supp. 478 · District Court, S.D. Texas · Apr 10, 1985
So well-established in this circuit as to be a rubric, the criteria required to be established by the movant are as follows: (1) whether the movant has made a showing of likelihood of success on the merits; (2) whether the … As stated previously, the evidence at the hearings clearly established that actual entry into and touring of the dayrooms is the only way guards can see into the sleeping cells.
Cited 5 timesPublishedCompaq Computer Corp. v. Procom Technology, Inc.
908 F. Supp. 1409 · District Court, S.D. Texas · Dec 6, 1995
In addition, Procom labeled and packaged its products clearly to identify them as sourced from Pro-com. … However, Compaq has not established there is a wrong time for the drive to be replaced. Clearly, a wrong time for prefailure replacement would be after the drives have actually failed.
Cited 11 timesPublishedRedeemed Christian Church of God v. U.S. Citizenship & Immigration Servs.
387 F. Supp. 3d 734 · District Court, S.D. Texas · May 26, 2016
The employer must file evidence showing that it is a religious denomination or affiliated with one and that the employee is religiously qualified. … But in those cases, the discrepancies clearly showed secular employment, not merely a limited and transient role in facilitating a transaction for a friend or spouse.
Cited 2 timesPublished456 F. Supp. 1048 · District Court, S.D. Texas · Sep 13, 1978
In the case at bar, the evidence establishes conclusively that after March 1974, Mr. … MacArthur, 451 F.2d 35, 43 (10th Cir. 1971) phrased it: “A purchaser cannot, however, feign ignorance in the face of obvious fraud with immunity.”
Cited 22 timesPublishedDistrict Court, S.D. Texas · May 1, 2025
“A complaint lacks an arguable basis in fact if, after providing the plaintiffthe opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Rogers v. … This claim must be dismissed because it fails to allege facts sufficient to establish supervisory liability.
Cited 0 timesUnknownProske 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.
Cited 0 timesUnknownClarendon America Insurance v. Bay, Inc.
10 F. Supp. 2d 736 · District Court, S.D. Texas · Jun 1, 1998
Clarendon argues that the Total Pollution Exclusion is unambiguous and clearly bars coverage for all claims asserted in the underlying litigation. … establishing when the occurrences commenced or when Bay became aware of the occurrences with the exception of Mr.
Cited 15 timesPublishedDistrict Court, S.D. Texas · Feb 26, 2021
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. … A plaintiff must establish “more than a sheer possibility that a defendant has acted unlawfully.” Ashcroft, 556 U.S. at 678.
Cited 0 timesUnknown554 F. Supp. 233 · District Court, S.D. Texas · Jan 4, 1983
The plaintiff there represented that it had refused to exhaust those procedures only because it could never qualify for representation due to statutory restrictions, in other words, invocation of the election procedures would … Plaintiff complains of sections 6-11 which establish the basic license requirement.
Cited 3 timesPublishedGarza v. United Parcel Service, Inc.
District Court, S.D. Texas · Jun 16, 2025
Garza seeks summary judgment to establish that: (1) he is disabled; (2) he was, at all relevant times, qualified to work as a driver; (3) UPS refused to allow him to work as a driver because of his disability; (4) his claims … remedies; and (3) Garza is unable to establish his reasonable accommodation claims.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Feb 1, 2023
The burden of establishing subject matter jurisdiction is on the party seeking to invoke it. Ramming v. United States, 281 F.3d 158, 161 (Sth Cir. 2001). … The Eleventh Amendment to the United States Constitution bars such suits against a state unless the state has waived its immunity or Congress has abrogated immunity.
Cited 0 timesUnknown327 F. Supp. 439 · District Court, S.D. Texas · May 20, 1971
The burden of proving an exemption rests clearly upon the issuer claiming the exemption. S. E. C. v. Ralston Purina Co., supra; United States v. Custer Channel Wing Corp., supra; Lynn v. … Thus, if plaintiff were to qualify for this exemption, he would not be in pari delicto and would be able to recover on the Schumacher and Beckley transactions.
Cited 13 timesPublishedDistrict Court, S.D. Texas · Oct 6, 2022
TAMU argues that the claims for violation of the United States Constitution that Plaintiffs have asserted under 42 U.S.C. § 1983 should be dismissed because they are barred by sovereign immunity … “Deliberate indifference under Title IX means that the school’s response or lack of response was ‘clearly unreasonable in light of the known circumstances.’” I.L., 776 F.
Cited 0 timesUnknownAss'n of Flight Attendants v. Texas International Airlines, Inc.
89 F.R.D. 52 · District Court, S.D. Texas · Jan 5, 1981
It is now clearly established that if a class representative files a timely EEOC complaint, that filing will be sufficient for the whole class for purposes of the exhaustion requirement in 42 U.S.C. § 2000e-5. … These policies were clearly met in this case. 20 Empl.Prac.Dec. at-.
Cited 4 timesPublishedIn Re Enron Corp. Securities, Derivative
511 F. Supp. 2d 742 · District Court, S.D. Texas · Feb 16, 2005
Here Andrews & Kurth clearly has contacts with the nation as a whole. … Moreover, there is as yet no clearly established obligation defining the extent to which that they should investigate or should pressure a debt-issuing entity for further information or verify information.
Cited 26 timesPublishedVasquez v. Building and Standards Commission
District Court, S.D. Texas · Dec 15, 2020
A claim is factually frivolous if the facts are “clearly baseless, a category encompassing allegations that are ‘fanciful,’ ‘fantastic,’ and ‘delusional.’” Hicks v. … The party seeking to invoke the power of the Court bears the burden to establish federal jurisdiction. Pervasive Software Inc. v. Lexware GmbH & Co.
Cited 0 timesUnknown37 F. Supp. 2d 855 · District Court, S.D. Texas · Mar 1, 1999
A consent decree has all the finality of a final judgment, and is therefore immune to legislative tampering. The Supreme Court clearly established consent decrees’ status as a final judgment in Rufo v. … Two aspects of this decision clearly distinguish it from the situation at hand. *877 First, faced with the changed law in Wheeling Bridge, the Supreme Court determined that because Congress had established the right of free
Reversed on other grounds by Ruiz v. United States, 243 F.3d 941 (2001)Cited 24 timesPublishedDistrict Court, S.D. Texas · Jun 1, 2026
Rule 59(e) motions “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” Simon v. United States, 891 F.2d 1154, 1159 (5th Cir. 1990). … The claims against the officers were dismissed under qualified immunity after appeal of the district court’s first opinion to the Fifth Circuit. See Cope v. Cogdill (Cope I), 3 F.4th 198 (5th Cir. 2021).
Cited 0 timesUnknownBarfield v. Fed. Express Corp.
351 F. Supp. 3d 1041 · District Court, S.D. Texas · Jan 3, 2019
A prima facie case of age discrimination is established if the plaintiff shows that "(1) he was discharged; (2) he was qualified for the position; (3) he was within the protected class at the time of discharge; and (4) he … For instance, the participants in the email exchange are clearly identified by first and last name and use identifiable work emails, and the emails contain a company logo in one participant's signature block.
Cited 2 timesPublished206 F.R.D. 427 · District Court, S.D. Texas · Feb 15, 2002
The former is clearly not applicable here. … Once Lead Plaintiff(s) and Lead Counsel are appointed and file a consolidated complaint, the class period will be clearly defined. . Responsive Brief (# 161) at p. 1 and Ex. 2. .
Cited 56 timesPublished
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