Case law

United States Ex Rel. Graves v. ITT Educational Services, Inc.

284 F. Supp. 2d 487 · District Court, S.D. Texas · Mar 31, 2003

However, this does not establish that PwC submitted a false statement or certification to get a false or fraudulent claim submitted by ITT paid. … Whatever its scope, the False Claims Act clearly encompasses specific and legal duties to pay or transmit money or property to the government.

Head v. Las Vegas Sands, LLC

298 F. Supp. 3d 963 · District Court, S.D. Texas · Mar 27, 2018

Thus, this allegation barely qualifies as a business contact. Even if it was a business contact, it does not constitute a substantial, continuous, and systematic business contact. … At the one end of the spectrum, there are situations where a defendant clearly does business over the Internet by entering into contracts with residents of other states which involve the knowing and repeated transmission

Salge v. Edna Independent School District

320 F. Supp. 2d 530 · District Court, S.D. Texas · Nov 12, 2003

Contrary to EISD’s implied assertion that the Waters test is subjective, 11 the Court clearly articulated an objective standard in Waters . … A prima facie case usually may be established by a showing that the plaintiff was a member of a protected class, that he was qualified for the position at issue, that he was subjected to an adverse employment decision; and

Delgado v. Barnhart

305 F. Supp. 2d 704 · District Court, S.D. Texas · Feb 19, 2004

Rather, the Grid Rules enable administrative law judges to take administrative notice of the existence or nonexistence of available jobs in the economy for which a claimant is qualified. 20 C.F.R. Pt. 404, Subpt. … Although clearly interrelated and overlapping in most respects, each concept does not necessarily embrace every aspect of the other.

Abbott v. BP Exploration and Production Inc.

781 F. Supp. 2d 453 · District Court, S.D. Texas · Mar 15, 2011

These facts, when taken as true, establish that BP lacked the requisite design documents to render its earlier certifications of compliance. … As to the third element, the threatened damage to the Gulf Coast quite clearly outweighs the threatened damage to BP. Furthermore, BP would likewise suffer monetary injury from a potential oil spill.

Garrett v. State of Texas, Harris County

District Court, S.D. Texas · Jan 3, 2025

Defendant filed its motion to dismiss in lieu of an answer, arguing that (1) the complaint does not satisfy Rule 8(a)(2), (2) Plaintiff’s claims are barred by absolute prosecutorial immunity, (3) they are premature under … Here, not only does Plaintiff not argue or even mention these exceptions, but the pleadings also do not establish the first or second exceptions, and Defendant clearly has not waived this doctrine because it invokes it

Maldonado v. Thaler

662 F. Supp. 2d 684 · District Court, S.D. Texas · Sep 24, 2009

To that end, the AEDPA forbids habeas relief on issues “adjudicated on the merits” in state court unless the state decision “was contrary to, or an unreasonable application of, clearly established Federal law” or “was based … The pertinent question, however, is whether clearly established federal law requires that domestic courts be the forum for protecting those rights.

Memon v. Deloitte Consulting, LLP

779 F. Supp. 2d 619 · District Court, S.D. Texas · Mar 17, 2011

Corp., 415 F.3d 399, 405 (5th Cir.2005) ("To establish a prima facie case of discrimination under § 1981, Appellants must establish that the: (1) are members of a protected group; (2) were qualified for the position held; … Memon's job termination is clearly an actionable adverse employment action.

Parada v. Sandhill Shores Property Owners Association, Inc.

District Court, S.D. Texas · May 25, 2022

In Eastwood, the plaintiff suffered from a compromised immune system due to his chemotherapy treatment for cancer, which he contended limited his major life activity of “being in close proximity to persons unknown … These are clearly major life activities for the purposes of her reasonable-accommodation claim.

Nguyen v. Federal National Mortgage Ass'n

958 F. Supp. 2d 781 · District Court, S.D. Texas · Jul 30, 2013

Furthermore, two of Charlotte Oby’s indorsements on the Note are clearly marked void.” (Id. at 10). … For this exception to apply, there must be “strong evidence establishing the existence of an agreement and its terms.” Barnett, 2003 WL 22358578 , at *7.

Ellis v. Carrington Mortgage Services, LLC

District Court, S.D. Texas · Aug 13, 2021

These allegations clearly do not meet the heightened pleading standard for fraud. See Hoffman, 838 F.3d at 576. … Moreover, Plaintiff does not qualify for protection under RESPA because she was not a signatory of the Note or the Assignment. (Doc.

United States Ex Rel. CMC Steel Fabricators, Inc. v. Harrop Construction Co.

131 F. Supp. 2d 882 · District Court, S.D. Texas · Dec 21, 2000

Under either scenario, such delays were clearly in violation of the contracts and ultimately devastating to Harrop. … The Court does not feel qualified or compelled to frame Harrop’s arguments and submissions on these issues.

M.D. v. Perry

294 F.R.D. 7 · District Court, S.D. Texas · Aug 27, 2013

The existence of the right was not disputed on appeal, and the district court had found that its existence was clearly established for the purposes of qualified immunity. Id. (citing Hernandez v. Tex. … The majority held that a right to be free from-a “general practice of shuttling children among foster parents” was not clearly-established for the purposes of qualified immunity, which left open the possibility that such

United States v. 1.04 Acres of Land, More or Less

538 F. Supp. 2d 995 · District Court, S.D. Texas · Mar 7, 2008

Obviously, a proceeding-brought pursuant to the GCA would qualify as a “proceeding ... under the authority of the Federal Government to acquire land.” … Upah, 640 F.Supp. 1071, 1075 (D.Colo.1986) (finding that the Government’s offer and rejection of a counteroffer from the property owner qualified as a reasonable effort).

Infinity Healthcare Servs., Inc. v. Azar

349 F. Supp. 3d 587 · District Court, S.D. Texas · Nov 19, 2018

Second, it may ask for reconsideration from a Qualified Independent Contractor ("QIC") hired by [the Centers for Medicare and Medicaid Services ("CMS") ] for that purpose. … Accordingly, Plaintiff has not established either a constitutional or a statutory entitlement to suspension of recoupment. 20 B.

Redeemed Christian Church of God v. United States Citizenship & Immigration Services

107 F. Supp. 3d 730 · District Court, S.D. Texas · May 13, 2015

The employer must file evidence showing that it is a religious denomination or affiliated with one and that the employee’ is religiously qualified. … Because it is established and uncontested that [Uzoma] registered a business name under which he purchased and shipped computers, [the Redeemed Christian Church] must submit documentary ■ evidence that will persuasively establish

McGaskey v. Hospital Housekeeping Systems of Houston, Inc.

942 F. Supp. 1118 · District Court, S.D. Texas · Oct 17, 1996

A motion to dismiss for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) is a valid means to raise an affirmative defense if the defense or other bar to relief clearly appears on the face of the complaint. … When the employer pays the premiums, selects the insurer, determines terms and coverage, and provides insurance to all full-time employees, the plan qualifies as an ERISA plan. Davis v. Time Ins.

CHARLES DEVON WASSERMAN v. ERIC GUERRERO

District Court, S.D. Texas · Aug 10, 2026

As to any portion for which no objection is filed, a district court reviews for clearly erroneous factual findings and conclusions of law. United States v. … Because the State’s theory at trial was that Petitioner caused a life-threatening rectal perforation during sexual assault using a razor, and because the treating physicians’ medical records conclusively establish that

Flores v. Pilot Travel Centers, LLC

District Court, S.D. Texas · Oct 21, 2021

An employer discriminates against a qualified individual on the basis of disability by failing to “mak[e] reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a … Flores’s pleading clearly meets this standard. She alleges that she suffered from complications—vaginal bleeding—as a result of her high-risk pregnancy.

Sowell v. Richardson

District Court, S.D. Texas · Sep 7, 2022

A plaintiff seeking preliminary injunctive relief must establish “(1) a substantial likelihood of success on the merits, (2) a substantial threat of irreparable injury if the injunction is not issued, (3) that the threatened … The Fifth Circuit has cautioned that a preliminary injunction “is an extraordinary remedy which should not be granted unless the party seeking it has clearly carried the burden of persuasion on all four