Case law

Lopez v. Abbott

339 F. Supp. 3d 589 · District Court, S.D. Texas · Sep 12, 2018

This is sufficient to establish standing. … Vote dilution is a question of fact subject to the clearly-erroneous appellate standard of review of Federal Rule of Civil Procedure 52(a). Gingles , 478 U.S. at 78 , 106 S.Ct. 2752 ; Teague , 92 F.3d at 287.

Kurio v. United States

429 F. Supp. 42 · District Court, S.D. Texas · Dec 11, 1970

They were sought by plaintiff through duly ordered, established, and well understood discovery procedures. … Since both parties viewed the teletype as qualified by the terms of the “letters” which were to “follow,” it was so qualified. 3 Corbin §§ 538, 543A-B; 1 Williston §§ 20, 22, 23, 95, 95A. 19 Viewing the correspondence most

Barnett v. Paxton

District Court, S.D. Texas · Jun 12, 2024

against any person acting under color of state law who “subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … To establish a claim under § 1983, a plaintiff must: (1) allege a violation of rights secured by the Constitution or laws of the United States; and (2) demonstrate that the alleged deprivation was committed

Cuevas v. Reading & Bates Corp.

577 F. Supp. 462 · District Court, S.D. Texas · Dec 7, 1983

Clearly, factors seven and eight do not command the selection of American law. … The affidavits do not purport to establish the affiants as legal experts, and in light of their background it is quite probable that they cannot be so qualified. Additionally, affiants are interested parties.

Villarreal v. American Savings Life Insurance Company

District Court, S.D. Texas · Mar 25, 2021

App’x 274, 277 (5th Cir. 2014) (“[T]he Texas Property Code creates a qualified immunity for mortgage trustees who make good faith errors . . . … As a result, Plaintiffs are unable to establish a breach of contract claim. 3.

Snellings v. Montgomery County Jail Medical Department

District Court, S.D. Texas · Feb 12, 2024

scrutinize his pleadings and dismiss the case if it determines that the action is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief against a defendant who is immune … He further pleads no factual allegations establishing that each of these defendants violated one or more of his constitutional rights and the dates that each violation occurred.

Gallow v. Autozone, Inc.

952 F. Supp. 441 · District Court, S.D. Texas · Jun 14, 1996

Gallow signed a disciplinary memorandum clearly spelling out these warnings. Defendant’s Exh. H. … Under traditional McDonnell Douglas analysis, a plaintiff fired for misconduct makes out a prima facie case of discriminatory discharge if he shows that he is a member of a protected class, that he was qualified for the job

Farouk Systems, Inc. v. Costco Wholesale Corp.

700 F. Supp. 2d 780 · District Court, S.D. Texas · Mar 22, 2010

The Court holds that ample authority exists to establish that Costco’s list of suppliers does constitute a protected trade secret. … John Paul Mitchell, 17 S.W.3d at 737-38 (holding that supplier identities qualify as trade secrets); see also Water Servs., Inc. v.

United States v. Elder

601 F. Supp. 1574 · District Court, S.D. Texas · Feb 13, 1985

Congress has therefore established appropriate standards and procedures by which to determine proper entry. … Fifth Circuit law clearly holds that before Salvadoran aliens may reside legally within this country they must submit applications for asylum with the Government. United States v.

Wagner v. Harris County, Texas

District Court, S.D. Texas · Oct 7, 2024

First, Defendant argues that it has Eleventh Amendment “immunity from state law claims of wrongful death and survivorship.” ECF No. 44 at 14. … Therefore, the Defendant does not have immunity from the wrongful death and survivorship claims.

In re BP P.L.C. Securities Litigation

922 F. Supp. 2d 600 · District Court, S.D. Texas · Feb 6, 2013

Documents confirm, that contractor-owned rigs were not entirely exempted or omitted in the OMS architecture. 20 But they were clearly treated differently from BP-owned assets. … .that Plaintiffs cannot rely on group pleading to establish scienter.

Tesco Corp. v. Weatherford International, Inc.

750 F. Supp. 2d 780 · District Court, S.D. Texas · Sep 27, 2010

Wooley is qualified under Federal Rule of Evidence 702. … [a] mere denial of intent to mislead (which would defeat every effort to establish inequitable conduct) will not suffice”).

Williams v. EI duPONT 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

Russo v. Johnson

129 F. Supp. 2d 1012 · District Court, S.D. Texas · Jan 12, 2001

Under the circumstances presented here, this court is bound by the state courts’ decisions, as they are neither contrary to nor involve an unreasonable application of clearly established federal law as determined by the Supreme … In making that substantial showing, the petitioner need not establish that he should prevail on the merits.

Robinson v. Ethicon, Inc.

District Court, S.D. Texas · Jan 13, 2022

The Smith court excluded Tremp’s testimony after finding that Tremp “must build on a medical expert’s foundation” and concluding that he “did not directly tie his recommendation to independently established qualified expert … In reply, Ethicon asserts “to the extent Tremp now reasserts costs and treatment included in the 2019 Report, these are clearly not based on any new information.

Rodriguez v. Frez-N-Stor, Inc.

District Court, S.D. Texas · Sep 5, 2025

Second, there is insufficient evidence in the record establishing Frez-N-Stor’s alleged alternative causes to warrant excluding Legge’s opinions. … The plaintiff’s expert failure to account for alternative causes that were clearly shown in the evidence doomed the plaintiff’s case for causation.

Gulf Canal Lines, Inc. v. United States

258 F. Supp. 864 · District Court, S.D. Texas · Aug 26, 1966

The well-established principle just referred to that the inclusion of non-bulk commodities in a tow with a bulk commodity has the effect of subjecting the entire cargo to regulation may not be extended to include the part … Since Carrier A is, and must be, thus a regulated carrier, then Carrier B’s towage clearly comes within the provisions of the Sec. 303(f) (2) “incidental towage” exemption.

Garza

District Court, S.D. Texas · May 5, 2026

The movant has the burden to establish their right to relief by a preponderance of the evidence. Wright v. United States, 624 F.2d 557, 558 (5th Cir. 1980). … The burden to establish ineffective assistance is on the movant, who must do so bya □ preponderance of the evidence. Jernigan v. Collins, 980 F.2d 292, 296 (5th Cir. 1992).

Atlantic & Gulf Stevedores, Inc. v. SKIBS A/S DANMOTOR

342 F. Supp. 837 · District Court, S.D. Texas · Oct 14, 1971

hard fact remains that such an arrangement, albeit couched in contractual terms, would be the functional equivalent of what was forbidden in Halcyon-, to wit, a partial recovery by a longshoreman against his statutorily immune … As here, the facts of the occurrence clearly warranted the inference of negligence on the part of the ship.

Conn v. C.R. Bard, Inc

District Court, S.D. Texas · Jun 8, 2021

Hurst clearly is qualified to opine about the information physicians and patients need and expect when making decisions about the use of IVC filters.”). Such testimony appears to be well within Dr. … Allen has sufficiently established that his own opinion about the efficacy of IVC filters is based upon both his own clinical experience and his literature review. (Doc. No. 194-5 at 34).