Case law

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

Hope v. Seahorse, Inc.

651 F. Supp. 976 · District Court, S.D. Texas · Dec 31, 1986

Plaintiff Beverly Hope has qualified as the Independent Executrix of the Estate of Captain Hope and as such is the proper party before this Court representing the estate of her husband. 14. … Texas law therefore determines the proof necessary to establish the negligence of a physician or a hospital. Edwards v.

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

Barinaga v. ExxonMobil Chemical Company

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

First, as to the 2020 plant-manager decision, ExxonMobil claims that it decided to hire Blokker instead of Barinaga because Blokker was “the most qualified candidate” and “clearly better qualified” than Barinaga. … And even if Barinaga had shown she was similarly qualified to the successful candidates, “showing that two candidates are similarly qualified does not establish pretext.”

Espitia v. Islamic Republic of Iran

District Court, S.D. Texas · Jun 16, 2022

Under the Foreign Sovereign Immunities Act (“FSIA”), “[n]o judgment by default shall be entered by a court . . . unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.” 28 U.S.C … The Court recognizes that parents typically qualify for solatium damages, given the inherently-close relationship between parent and child.

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.

Leal v. City Of Laredo

District Court, S.D. Texas · Aug 13, 2024

A plaintiff bears the burden of establishing a waiver of governmental immunity under the TTCA. Harris Cnty. Flood Control Dist. v. Halstead, 650 S.W.3d 707, 712 (Tex. App. … Rather, “[u]nder ratification theory, a single incident that is an ‘obvious violation of clearly established law’ attaches liability when ratified by policymakers.” Harper v. McAndrews, 499 F. Supp. 3d 312, 321 (E.D.

Energy XXI, GoM, LLC v. New Tech Engineering, L.P.

845 F. Supp. 2d 770 · District Court, S.D. Texas · Jan 10, 2012

However, it is clear from Morgan that a temporary agency’s “lack of supervisory control over its own employee” does not form the basis for tort immunity. Morgan, 710 So.2d at 1083. … Clearly, not every departure from normal procedure or industry standards is grossly negligent— the departure from the brushes and scrapers procedure was actually specifically approved by Energy XXI (see Dkt. 59, Exh.

Guajardo v. Deanda

690 F. Supp. 2d 539 · District Court, S.D. Texas · Feb 10, 2010

For these same reasons, Plaintiff contend that specific jurisdiction over the individual Defendants is established. The Court finds that the Plaintiffs have established that Defendants Juan M. … “Thus, when the transferee venue is not clearly more convenient than the venue chosen by the plaintiff, the plaintiffs choice should be respected.” Id.

Lewis v. Continental Airlines, Inc.

80 F. Supp. 2d 686 · District Court, S.D. Texas · Dec 14, 1999

Here, “[t]he gist of [Lewises case was clearly to seek recovery for injuries caused by the prosecution.” See Medina, 814 S.W.2d at 74 . … brought against a law enforcement officer for “negligent misidentification” of the plaintiff, looked not only to malicious prosecution cases, but also to libel and slander decisions, noting that Texas recognizes at least a qualified

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

Reynolds

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

If the positions required only three or more years of experience, Reynolds could have been qualified for either position. … “Failure to promote is clearly an adverse employment action.” Haire v. Bd. of Sup’rs of La. State Univ. Agric. & Mech. Coll., 719 F.3d 356, 364 (5th Cir. 2013) (citing Breaux v.

Davis v. Zantac Maker of Ranitidine

District Court, S.D. Texas · May 31, 2023

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 … 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).

Hargrove v. Underwriters at Lloyd's, London

937 F. Supp. 595 · District Court, S.D. Texas · Aug 21, 1996

Thus, the Defendants’ contention that the act of state doctrine deprives this Court of subject matter jurisdiction over the Plaintiffs’ claims is clearly incorrect. … Thus, under Callejo , the Plaintiffs claims *603 would clearly be barred by the act of state doctrine.

United States v. Angleton

221 F. Supp. 2d 696 · District Court, S.D. Texas · Jul 19, 2002

The government contends that under the test established in Blockburger v. … United States, 529 U.S. 848, 850-51 , 120 S.Ct. 1904 , 146 L.Ed.2d 902 (2000) (holding that “an owner-occupied private residence not used for any commercial purpose does not qualify as property ‘used in’ commerce or commerce-affecting

Jimenez v. Mayorkas

District Court, S.D. Texas · Jul 5, 2023

A plaintiff who failed to get a promotion and who argues that the reason was a pretext for discrimination or retaliation must point to record evidence that could show that he was “clearly better qualified (as opposed to … Jimenez has failed to point to summary judgment evidence supporting his argument that he was “clearly better qualified” than the two applicants who were selected for the promotion.

Dillon v. Jimoh

District Court, S.D. Texas · Oct 23, 2020

Plaintiff establishes neither physical injury nor use of excessive force attributable to defendant Jimoh. … of which was clearly unreasonable.

Anderson v. Sunridge Management Group, Inc.

District Court, S.D. Texas · Mar 19, 2024

A Rule 59(e) motion “‘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, and should, have been made before the … If plaintiffs establish this prima facie case, “they establish a presumption of discrimination.

Resolution Trust Corp. v. Texas Moline Ltd.

96 F. Supp. 2d 644 · District Court, S.D. Texas · Jan 21, 2000

Analysis To qualify for a wage exemption under Texas law, Maddox-must allege and prove concrete facts showing 'that he was receiving current wages for personal services from a particular person with whom he had an employer … In this case, Maddox clearly was responsible for his own offices and also retained personnel whose terms and conditions of employment he fixed unilaterally.

W.G. Pettigrew Distributing Co. v. Borden, Inc.

976 F. Supp. 1043 · District Court, S.D. Texas · Nov 26, 1996

In the affidavit, Stripling clearly qualifies his statements by declaring that his observations are from “an accounting perspective.” Stripling Aff. (Def.’s Ex. E) at 2. … Claims or facts that should have been reveal during discovery, and are later raised by means of affidavits, are clearly inappropriate.