Case law

Barfield 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.

Newby v. Enron Corp.

206 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. .

Garcia v. U.S. Bank Trust, N.A., as Trustee fro LSF9 Master Participation Trust

District Court, S.D. Texas · Dec 6, 2021

Cockrell, 232 U.S. 146, 152 (1914) (diverse plaintiff is unable to establish a cause of action against the non-diverse party in state court.18 The Texas Property Code provides immunity to substitute trustees acting in good … App’x 274, 277 (5th Cir. 2014) (“[T]he Texas Property Code creates a qualified immunity for mortgage trustees who make good faith errors . . .

Alter v. Bell Helicopter Textron, Inc.

944 F. Supp. 531 · District Court, S.D. Texas · Jun 17, 1996

GARA clearly prohibits a lawsuit arising from design or manufacturing defects in an aircraft delivered more than eighteen years before the accident. … In Smith , the Supreme Court held that the Federal Tort Claims Act, 28 U.S.C. § 2680 (k), did not waive the United States’s sovereign immunity for tort claims arising in Antarctica.

Mitchell v. Texas Farm Bureau

District Court, S.D. Texas · Sep 27, 2022

Applying the McDonnell Douglas burden-shifting framework, the court found that Mitchell made a prima facie showing that he was qualified for the job, and that Texas Farm Bureau had proffered legitimate, nondiscriminatory … “[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,

Doohan v. ExxonMobile

District Court, S.D. Texas · May 10, 2023

[does not] make [her] immune from the administrative prerequisites of bringing suit in federal court. … For each claim, Doohan must first establish a prima facie claim of discrimination by showing that: (1) she has a disability or was a member of a protected class (here, pregnant and female); (2) she was qualified for her

Mian v. Progressive County Mutual Insurance Company

District Court, S.D. Texas · Oct 21, 2020

To be entitled to relief under Rule 59(e), Plaintiff “must clearly establish” either a “manifest error of law or fact,” or “present newly discovered evidence.” Rosenzweig v. … Progressive does not claim to be immune from Plaintiff’s claims under the limited state action doctrine.

Rodriguez v. Webb Hospital Corp.

234 F. Supp. 3d 834 · District Court, S.D. Texas · Feb 10, 2017

“Petty slights, minor annoyances, and simple lack of good manners” do not qualify. Id. … Summary Because Plaintiff has not established that she .suffered any materially adverse employment actions, she has failed to establish a prima facie case of retaliation.

Meinelt v. P.F. Chang's China Bistro, Inc.

787 F. Supp. 2d 643 · District Court, S.D. Texas · May 27, 2011

Chang’s first argues that Meinelt has failed to meet the third and fourth elements because he failed to request time off clearly and with sufficient specificity. … Witnesses may be qualified as experts if they possess specialized knowledge, skill, experience, training, or education. Fed. R.Evm 702.

Johnson v. Sawyer

760 F. Supp. 1216 · District Court, S.D. Texas · Apr 3, 1991

The American National Life Insurance Company of Galveston, Texas (“American National”) had established the General Agency, which sold only policies issued by American National. … The actions complained of here clearly fall outside the § 2680(a) exception.

Prigmore v. Houston Pizza Ventures, Inc.

189 F. Supp. 2d 635 · District Court, S.D. Texas · Mar 7, 2002

Prigmore’s Quid Pro Quo Claim In this case, Prigmore’s termination undoubtably qualifies as a “tangible employment action.” … establishes both prongs of the Ellerth/Faragher affirmative defense.

Ponce v. M/V ALTAIR

493 F. Supp. 2d 880 · District Court, S.D. Texas · Jun 7, 2007

The Court finds that the evidence clearly establishes that the Defendants failed to exercise reasonable care in maintaining, inspecting, repairing, and replacing the crane boom’s wire runner guide prior to turning over the … The witness testimony and evidence clearly establishes that the vessel’s cargo boom was missing a wire runner guide designed to • keep the wire running along the underside of the boom and prevent the wire from becoming slack

Joseph v. SOLUTIA, INC.

193 F. Supp. 2d 989 · District Court, S.D. Texas · Mar 29, 2002

If Defendant Lambreth was fraudulently joined to this lawsuit, then removal is clearly warranted because complete diversity of citizenship exists between Plaintiff and Defendant Solutia. … Thus, for Defendants to defeat Plaintiffs Motion for Remand, Defendants must demonstrate “that there is absolutely no possibility that the plaintiff will be able to establish a cause of action against the instate defendant

Atain Specialty Insurance Company v. Triple PG Sand Development, LLC

District Court, S.D. Texas · Apr 4, 2023

The mere fact that “a court is the first to rule on a question or counsel disagrees on applicable precedent does not qualify the issue as one over which there is substantial disagreement.” Id. (quoting Ryan, 444 F. … The Order applied “clearly established ... controlling Texas law that an insurer owes its insured a duty to defend ‘if a plaintiff’s factual allegations potentially support a covered claim.’” Endurance Am.

Sullivan Ex Rel. Sullivan v. Houston Independent School District

307 F. Supp. 1328 · District Court, S.D. Texas · Nov 17, 1969

It was clearly established that both boys were expelled solely for their involvement with the Pflashlyte and not for any previous misconduct as the defendants have argued. *1336 Mr. … People are able to meet on common ground and establish a productive rapport providing that all parties make a sincere effort.

DeVries v. Harris County, TX

District Court, S.D. Texas · Nov 29, 2022

Under this framework, the plaintiff must first establish a prima facie case of discrimination: the plaintiff must show that she (1) is a member of a protected group (pregnant women); (2) was qualified for her position; … Therefore, Plaintiff fails to establish a constitutional violation. Because there is no constitutional violation, the Court does not need to delve into Defendants’ assertion of qualified immunity.

McDonald v. Bowen

697 F. Supp. 942 · District Court, S.D. Texas · Oct 18, 1988

The Secretary’s decision on plaintiff’s first application established that he was not insured after December 1979. … Good cause exists where the original record shows clearly on its face that an error was made. 20 C.F.R. 404.989(a)(3).

In re Seitel, Inc. Securities Litigation

245 F.R.D. 263 · District Court, S.D. Texas · Jun 26, 2007

E & Y concludes that for any or all of these reasons, certification is clearly inappropriate. … Defendant contends that a growing line of cases clearly support this argument, specifically Greenberg v.

Troppy v. La Sara Farmers Gin Co.

28 F. Supp. 830 · District Court, S.D. Texas · Aug 23, 1939

Sic utere tuo ut alienum non laedas, a nounless maxim, qualifies both the property and the liberties of everyone.” … Smith, supra), clearly controls the cotton marketing quota provisions as well, it will not be necessary to discuss them.

Maryland Manor Associates v. City of Houston

816 F. Supp. 2d 394 · District Court, S.D. Texas · Sep 8, 2011

In its second motion, the City argues that the plaintiffs’ state statutory and constitutional claims should be dismissed under Rule 12(b)(1) because the City enjoys governmental immunity for suits for damages on those claims … Such property rights must be established by state law.