Case law

Johnson v. Houston Independent School District

930 F. Supp. 276 · District Court, S.D. Texas · May 13, 1996

Claims Against HISD Asserted Pursuant to § 1983 42 U.S.C. § 1983 provides a private right of action for the deprivation of rights, privileges, and immunities secured by the constitution-or laws of the United States. … City of San Antonio, 77 F.3d 823, 828 (5th Cir.1996) (recognizing a clearly established liberty interest in speech).

In Re Gulf Pension Litigation

764 F. Supp. 1149 · District Court, S.D. Texas · Apr 10, 1991

The SAP, established in 1957, covered employees in Venezuela who worked for the Mene Grande Oil Company. … Conduct audit to review income and pay-outs from trust funds, and establish market value of CRP and SAP trust assets as of date of Final Judgment. II. ESTABLISH SEPARATE TRUST ACCOUNTS BY__ A.

Millis Development & Construction, Inc. v. America First Lloyd's Insurance

809 F. Supp. 2d 616 · District Court, S.D. Texas · Aug 12, 2011

Therefore, under the plainest reading of the Additional Insured Provision, Trendmaker qualifies as an additional insured under the America First Policy. 61 *629 B. … Clearly, in this case, TMC, Millis and Trendmaker all intended for Trendmaker to have coverage under the America First Policy.

Martinez v. Nueces County Sheriff's Office/Jail

District Court, S.D. Texas · Jan 13, 2020

Martinez responds that: (1) the complaint states facts that are plausible on their face, (2) the dismissal of TCJS as a party was improper because it is not immune from suit, (3) officials otherwise immune are not shielded … Municipal liability cannot be established on the basis of respondeat superior. Monell, 436 U.S. at 694.

United States v. Brink

795 F. Supp. 2d 565 · District Court, S.D. Texas · Jun 6, 2011

Facts Established On Summary Judgment The summary judgment evidence establishes as follows: 1. … Brink that it was not known at the time whether the dam and reservoir qualified for the exemption. (Id. at 1-2.) 5 .

Ermuraki v. Cuccinelli

District Court, S.D. Texas · Jun 19, 2020

Due to the fact that Anastasiia did not qualify for a diversity visa, her application was rejected, and Aurel’s. … Clearly neither plaintiff held lawful immigration status on the date that the diversity application was filed and it was rightly denied.

Gregg & Valby, L.L.P. v. Great American Insurance

316 F. Supp. 2d 505 · District Court, S.D. Texas · Jan 8, 2004

Summary Judgment Standard The standards for summary judgment are well established. … To qualify as a professional service, the task must arise out of acts particular to the individual’s specialized vocation. We do not deem an act a professional service merely because it is performed by a professional.

Uribe v. Armijo

District Court, S.D. Texas · Sep 27, 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. … “Even proof of gross negligence does not establish deliberate indifference.” Levine v. Taylor, No. 3:12-CV-186, 2017 WL 1215426, at *7 (S.D. Tex. Mar. 31, 2017) (citing Whitley v.

Jones v. American Council on Exercise

245 F. Supp. 3d 853 · District Court, S.D. Texas · Mar 29, 2017

“The protectability of unregistered marks is governed by the same principles that qualify a mark for registration under the Lanham Act. Id. (a) Is the Mark Inherently Distinctive? … This factor clearly weighs in Jones’s favor.

Cox v. International Longshoremen's Ass'n, Local 1273

343 F. Supp. 1292 · District Court, S.D. Texas · May 26, 1972

The policy behind this “other than temporary” exception is consistent with this disposition, since plaintiffs as occupants of temporary positions clearly could have been deprived of their employment as casuals, even if they … since it was concluded that the unilateral right of the employer to discharge employees who hold probationary type positions, even though exercised with some regularity to discharge ten percent of these employees, does not qualify

Adhikari v. Daoud & Partners

95 F. Supp. 3d 1013 · District Court, S.D. Texas · Mar 24, 2015

A motion under Rule 59(e) must “ ‘clearly establish either a manifest error of law or fact or must present newly discovered evidence.’” Ross v. Marshall, 426 F.3d 745, 763 (5th Cir.2005) (quoting Simon v. … It appears to be undisputed that Sections 1589 and 1590 of the TVPRA — the provisions KBR is alleged to have violated — would qualify for prosecution under MEJA.

Pena Arita v. United States of America

District Court, S.D. Texas · Sep 11, 2020

To establish a prima facie case of discrimination under the ADA, a plaintiff must demonstrate: (1) that he is a qualified individual within the meaning of the ADA; (2) that he is being excluded from participation … going to kill him, does not establish his qualifying disability.71 In response, Plaintiffs point to numerous specific allegations which they argue evince Mr.

In Re Enron Corp. Sec., Derivative & ERISA Lit.

258 F. Supp. 2d 576 · District Court, S.D. Texas · Mar 12, 2003

Clearly Lead *636 Plaintiff has failed to establish a strong inference of scienter as to Jaedicke. … Thus the public would suffer from the loss of highly qualified outside directors, who play an important role as independent watch dogs checking on management. Burks v.

Goodkin v. University of Texas Rio Grande Valley

District Court, S.D. Texas · Sep 18, 2024

To succeed on this claim, he must show that (1) he is a member of a protected class; (2) he was qualified for the position; (3) he was subject to an adverse employment action; (4) he was replaced by someone outside the … Normally, an employee need not submit evidence to establish a prima facia case of discrimination under the McDonnell Douglas framework.

Coleman v. Exxon Chemical Corp.

162 F. Supp. 2d 593 · District Court, S.D. Texas · Aug 2, 2001

The proof Plaintiffs present establishes neither that Owens was lied to, nor that he was denied a position for which he was objectively qualified. 57 Moreover, the fact that an African-American received the position deprives … These conclusory comments are clearly insufficient to sustain a jury verdict, even when considered in the context of each Plaintiffs anecdotal evidence.

Tisdel v. The Witness Protection <b><font color="red"> No additional filings shall be accepted from See DE 46.</font></b>

District Court, S.D. Texas · Jun 30, 2021

It points out that Tisdel has not established a clear right to relief or a proper defendant who has a duty to act. Id. … Additionally, the Magistrate Judge found that sovereign immunity bars Tisdel’s claims. Id.

Plaskett v. Pemex Incorporated

District Court, S.D. Texas · Dec 31, 2024

But more recent Fifth Circuit precedent clearly establishes that “[c]laims alleging discrete acts are not subject to the continuing violation doctrine; hostile workplace claims are.” Heath v. … Plaskett asserts that he was eligible and qualified for the position, but that a less-qualified Caucasian individual who does not practice Rastafarianism, John Brooks Pearson, was selected instead.

Brotherhood of Railway & Steamship Clerks v. Texas & N. O. R.

24 F.2d 426 · District Court, S.D. Texas · Feb 6, 1928

Entertaining that hypothesis, however, for a moment, I think it plain that there were not sufficient authorizations of those qualified to vote, to constitute a majority. … Ct. 286 ]. 11 “We are of opinion that the reasons stated conclusively established that, from the point of view of inherent power, the act which is before us was clearly within the legislative power of Congress to adopt, and

Levias v. Texas Dept. of Criminal Justice

352 F. Supp. 2d 751 · District Court, S.D. Texas · Apr 15, 2004

Elements of a Prima Facie Case of Race Discrimination To establish a prima facie case of race discrimination based on a failure to promote a plaintiff must prove that: (1) he is a member of a protected class; (2) he was qualified … Finally, TDCJ does not dispute that Le-vias was qualified for the position of Assistant Plant Manager.

Price v. GEO Reentry Services, Inc.

District Court, S.D. Texas · Jul 28, 2025

which relief may be granted, or that seek relief from a defendant who is immune from that relief. See 28 U.S.C. § 1915(e)(2)(B). … Green, 446 U.S. 14, 18 (1980) (Bivens “established that the victims of a constitutional violation by a federal agent have the right to recover damages against the official in federal court despite the absence of any statute