Case law

Williams v. E.I. du Pont de Nemours & Co.

955 F. Supp. 711 · District Court, S.D. Texas · Jul 3, 1996

inferences.” 36 Nevertheless, Taylor removed the Special Review from Williams’ file and replaced it with a Note to File, stating that the Special Review had served its purpose since Williams regretted the incident, and clearly … Plaintiff bears the initial burden of establishing a prima facie case of intentional discrimination, for which the requirements are (1) that she is a member of a protected class, (2) that she was qualified for the position

Lindsayca USA, Inc. v. Petroleos De Venezuela, S.A.

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

a “foreign state” within the meaning of the Foreign Sovereign Immunities Act (“FSIA”).2 28 U.S.C. § 1603(a), (b). … Third, the grounds for default are clearly established. Fourth, I am unaware of any good-faith mistake or excusable neglect that militates against default.

Gormley

District Court, S.D. Texas · Jan 30, 2026

Under AEDPA, federal habeas relief cannot be granted on legal issues adjudicated on the merits in state court unless the state adjudication was contrary to clearly established federal law as determined by the Supreme Court … of the United States, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court.

Garcia Al-Dahwa v. American Multi-Cinema, Inc

District Court, S.D. Texas · Jul 11, 2024

If the expert is qualified, the “overarching concern” becomes “whether the testimony is relevant and reliable.” Puga v. RCX Sols., Inc., 922 F.3d 285, 293 (5th Cir. 2019). … In AMC’s view, this is a relatively simple and straightforward case: Al- Dahwa “contends that she tripped and fell over a clearly visible area of concrete that was cracked and unlevel.” Dkt. 19 at 8.

Simpson

District Court, S.D. Texas · Dec 30, 2025

the government as soon as feasible after docketing and dismiss any claims that are frivolous or malicious, that fail to state a claim upon which relief can be granted, or that seek money damages from a defendant who is immune … The party | seeking class certification has the burden to establish that all the required elements are satisfied. See Gene & Gene LLC v. BioPay LLC, 541 F.3d 318, 325 (5th Cir. 2008); O’Sullivan v.

SantaMaria v. Obama

District Court, S.D. Texas · Jun 18, 2025

The FTCA, however, was designed to “remove the sovereign immunity of the United States from suits in tort[;]…[u]ppermost in the mind of Congress when it waived this immunity were the ordinary common law torts.” … Despite nominal diversity of citizenship, however, Santamaria has failed to establish the requisite amount in controversy.

L-Con, Inc. v. CRC Insurance Services, Inc.

122 F. Supp. 3d 627 · District Court, S.D. Texas · Aug 24, 2015

as an additional insured and establishes the scope and priority of additional insured coverage. … See id. at 460 , at *5 (“We do not require ‘magic’ words to incorporate a restriction from another contract into an insurance policy; rather, it is enough that the policy clearly manifests an intent to include the contract

Miramontes v. The City of Arcola

District Court, S.D. Texas · Mar 21, 2022

Because the City is immune from intentional torts, Miramontes’s assault, battery, and false imprisonment claims will be dismissed. 3. Section 1983. … Miramontes clearly has a right under the Fourth Amendment to have her bodily integrity protected and to be free from unreasonable seizures.

Schouest v. Medtronic, Inc.

13 F. Supp. 3d 692 · District Court, S.D. Texas · Mar 24, 2014

Schouest is a long way from proving these claims, but if she can do so, Medtronic will only be liable for conduct that federal law prohibits and for which the FDA premark-et approval process does not provide immunity from … While Schouest’s fraud claim clearly is subject to Rule 9(b) and her breach of express warranty claim clearly is not, whether her constructive fraud or negligent misrepresentation claims are subject to Rule 9(b) is unsettled

Bussian v. RJR Nabisco, Inc.

21 F. Supp. 2d 680 · District Court, S.D. Texas · Sep 2, 1998

Executive entered the annuity market in the mid-1980s and established a reputation for strong administration. … the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly not prudent to do so.” 29 U.S.C. § 1104 (a)(1)(C).

Truitt v. Travelers Insurance Company

175 F. Supp. 67 · District Court, S.D. Texas · Jun 17, 1959

defendant maintains that the clear weight of the evidence does not support the jury’s findings that plaintiff has sustained 301 weeks of continuous, total incapacity since February 13, 1957, but rather that it conclusively establishes … Thecker, 1944, 79 U.S.App.D.C. 149 , 143 F.2d 375 , in which the philosophy underlying the security of verdicts solemnly made and publicly returned is clearly stated.

Daily Instruments Corp v. Heidt

998 F. Supp. 2d 553 · District Court, S.D. Texas · Feb 21, 2014

Daily and Gayesco have the largest market shares among these competitors, and most major licensors for reactor thermometry products list only Daily and Gayesco as pre-qualified authorized vendors. … Daily has clearly shown itself entitled to the preliminary injunctive relief it seeks. 37.

D.A. v. Houston Independent School District

716 F. Supp. 2d 603 · District Court, S.D. Texas · Aug 14, 2009

It is well-established that these statutes are meant to prevent discrimination by public agencies, not officials acting in their individual capacities. See Lollar v. … To establish a violation of § 504, the plaintiff must establish that: (1) [the student] has a disability; (2) [the student] is “otherwise qualified” to participate in school activities; (3) [the school] receives federal financial

Continental Casualty Co. v. Gullett

253 B.R. 796 · District Court, S.D. Texas · Aug 24, 1999

The BRO also affirmed Gullett’s 27% impairment rating previously established by a TWCC-appointed doctor. … A reading of Diamond’s entire letter establishes that this finding is clearly erroneous. While Continental’s letter was inartful, it did not violate any provision of the automatic stay.

Sweed v. Davis

District Court, S.D. Texas · Apr 8, 2020

Although Sweed forfeited good-time credit as the result of his disciplinary conviction, he cannot establish a due process violation in this instance. … If a prisoner qualifies for leave to proceed in forma pauperis, the $50.00 administrative fee is waived, but he must still pay the $350.00 filing fee by installment from his inmate trust fund account.

Schultze v. Quarterman

622 F. Supp. 2d 439 · District Court, S.D. Texas · Sep 30, 2008

The Supreme Court has clarified that “clearly established Federal law” or precedent for purposes of § 2254(d)(1) “refers to the holdings, as opposed to the dicta,” of decisions from the United States Supreme Court “as of … [Schultze] also seems to complain that I should have requested that the State grant use immunity to enable Klock to testify at the suppression hearing....

Reservoir, Inc. v. Truesdell

1 F. Supp. 3d 598 · District Court, S.D. Texas · Feb 28, 2014

Similarly, the Rebels Composite Mark — a combination of the Rebels Word Mark and an arbitrary logo design — is clearly fanciful. … There is no evidence that Defendants again will infringe Plaintiffs’ rights in the Rebels Marks, now that the parties’ rights to the Marks are clearly established.

In Re Enron Corp. Securities, Derivative & Erisa Lit.

762 F. Supp. 2d 942 · District Court, S.D. Texas · Dec 8, 2010

Iqbal, the Supreme Court, applying the Twombly plausibility standard to a Bivens claim of unconstitutional discrimination and a defense of qualified immunity for a government official, observed that two principles inform … Liability clearly will extend to any buyer of the registered security and no privity limitation or requirement is included.

United States v. Longoria

904 F. Supp. 588 · District Court, S.D. Texas · Nov 15, 1995

Louis airport after a nonstop flight from Mexico City would clearly be the functional equivalent of a border search. Id. at 273 , 93 S.Ct. at 2539 . … However, the Supreme Court has “not otherwise explain[edj the meaning of this ... concept, nor has the Court since elaborated its understanding of what types of checkpoints qualify as functionally equivalent to the border

Lohn v. Morgan Stanley DW, Inc.

652 F. Supp. 2d 812 · District Court, S.D. Texas · Aug 26, 2009

Plaintiff, however, argues that the facts that she alleges clearly paint a picture of pervasive harassment occurring over her entire tenure at Morgan Stanley. … was qualified for the position she lost nor can she identify similarly situated persons who, under “nearly identical circumstances” were treated more favorably than she.