Case law

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).

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

Ihegword v. Harris County Hospital District

929 F. Supp. 2d 635 · District Court, S.D. Texas · Mar 7, 2013

To establish a prima facie case of discriminatory discharge the plaintiff must demonstrate that (1) she belongs to a protected class, (2) she was qualified for the job from which she was discharged, (3) despite her qualifications … HCHD clearly made no attempt to contact the patient to determine if I had in fact, been telling the truth about giving the feeding tube training. If HCHD had contacted the patient, the patient would have remembered “Ms.

Allchem Performance Products, Inc. v. Aqualine Warehouse, LLC

878 F. Supp. 2d 779 · District Court, S.D. Texas · Jul 13, 2012

Many states, including Texas and Arizona, require anyone seeking to sell trichlor to display the appropriate registration indicators clearly and conspicuously on the product’s label. … “When the transferee venue is not clearly more convenient than the venue chosen by the plaintiff, the plaintiffs choice should be respected.” Id.

Palomino v. Federal Bureau of Prisons

408 F. Supp. 2d 282 · District Court, S.D. Texas · Dec 30, 2005

The statutory language clearly and unambiguously states that the BOP may operate a boot camp program, but that it is not required to do so. … Because the decision to terminate the boot camp program discontinues a discretionary allocation of unrestricted funds, the decision qualifies as a general statement of BOP policy.

Williams v. Wal-Mart Stores, Inc.

882 F. Supp. 612 · District Court, S.D. Texas · Apr 11, 1995

First, the plaintiff is required to establish a prima facie case wherein she must establish the elements of the discrimination claim. If the plaintiff meets these requirements, a presumption of discrimination arises. … In order to establish a prima facie case, Plaintiff must show that: (1) she belongs to a protected class; (2) she was qualified to do her job; (3) despite her qualifications, her employment situation was adversely affected

Natour

District Court, S.D. Texas · Mar 31, 2026

While “[t]he United States, as sovereign, is immune from suit save as it consents to be sued,” United States v. … He also did not satisfy his burden of establishing the reasonable cost of any future care.

Neisen v. Nueces County District Attorney's Office

District Court, S.D. Texas · Aug 27, 2025

This Court held “immunity shields the district attorney and any prosecutor who participated in the bringing of a criminal case against Plaintiff.” … Rather, Plaintiff states in her Response that her claims “are grounded in violations of clearly established constitutional rights and federal disability law.” (D.E. 7, Page 1).

SDJ, Inc. v. City of Houston

636 F. Supp. 1359 · District Court, S.D. Texas · Jun 3, 1986

The definition of enterprise is further qualified because the service must be distinguished by emphasis on matters depicting “specified sexual activities” or “specified anatomical areas.” 3 Ordinance, p. 9. … The fact that Plaintiffs can comply with the Texas Alcoholic Beverage Commission rules as to distances from churches or schools does not immunize them from other land use regulations, nor does this type of regulation conflict

Bloomfield Steamship Co. v. United States

258 F. Supp. 891 · District Court, S.D. Texas · Mar 13, 1964

Furthermore, he was obviously highly qualified to aid I.C.A. in its approval or disapproval of these rates. … Thus, Bloomfield contends that the government has not properly established by pleadings and proof the extent of its alleged injury, because it has not attempted to establish what part of the alleged overcharges was borne

JURADO v. Cobb

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

improperly joined defendant.23 An improperly joined non-diverse defendant does not prevent successful removal to federal court based on diversity jurisdiction.24 Joinder is improper when a plaintiff is unable to establish … App’x 274, 277 (5th Cir. 2014) (“[T]he Texas Property Code creates a qualified immunity for mortgage trustees who make good faith errors . . .

Griffith v. Santillan

District Court, S.D. Texas · Oct 21, 2019

Accordingly, I find that Petitioners have established that Santillan’s physical condition is “in controversy.” B. … Kaldis is qualified to conduct an orthopedic examination, and Petitioners should be permitted to select their preferred expert witness to conduct the examination. See Powell v.

Keane v. Fox Television Stations, Inc.

297 F. Supp. 2d 921 · District Court, S.D. Texas · Jan 8, 2004

Keane’s “American Idol” idea (which Keane now concedes is only an idea and not the expression of an idea) is the type of material covered by the copyright laws even though it probably would not have qualified for protection … efforts to protect items that are in principle the type of material covered by the Act even though these items would not merit *945 federal statutory protection because they are “too minimal or lacking in originality to qualify

Fitzpatrick v. Uni-Pixel, Inc.

35 F. Supp. 3d 813 · District Court, S.D. Texas · Jul 25, 2014

Defendants argue that “[plaintiffs have failed to (1) establish that Defendants made any- actionable misstatement; (2) identify any valid corrective disclosure that establishes loss causation; or (3) raise a strong inference … And if a ‘complete’ corrective disclosure were required, defendants could immunize themselves with a protracted series of partial disclosures.” Id. at 230 .

Stewart v. Potts

126 F. Supp. 2d 428 · District Court, S.D. Texas · Dec 15, 2000

The EPA concluded that the 200-acre site is clearly typical of a floodplain forest and not a “wetland per se.” … Standard of Judicial Review In the absence of a statutory review standard, the Court must look to the standard established by the Administrative *434 Procedure Act (“APA”), 5 U.S.C. § 706 . See Sierra Club v.

Quintanilla v. Texas Television, Inc.

3 F. Supp. 2d 747 · District Court, S.D. Texas · Jul 11, 1997

Defendant also asserts that the Songwriters cannot establish a claim for copyright infringement. 1. … Nordisco Corp., 969 F.2d 410, 413 (7th Cir.1992) (The writing need not include the word "copyright” but the writing must clearly establish that the parties intended to transfer a copyright interest); Playboy Enterprises,

Herring v. Renewable Energy Systems Americas,Inc.

District Court, S.D. Texas · Jul 11, 2023

What matters, though, is that Herring has clearly stated a claim for relief under § 1981. … To establish a claim of discrimination under § 1981, Herring must demonstrate that: (1) he “is a member of a protected class”; (2) he “was otherwise qualified for the position”; (3) he “suffered an adverse employment

In Re Enron Corp. Securities

623 F. Supp. 2d 798 · District Court, S.D. Texas · Jun 1, 2009

Group, Inc., 810 F.2d 1345, 1350-51 (5th Cir.1987) (for civil conspiracy “[t]he evidence must ‘clearly establish the singular intent to defraud by each party, the common knowledge by all parties that each has such intent … This Court dismisses this argument since Defendant’s motion was clearly and expressly limited to causation.

Herring v. Renewable Energy Systems Americas,Inc.

District Court, S.D. Texas · Jul 11, 2023

What matters, though, is that Herring has clearly stated a claim for relief under § 1981. … To establish a claim of discrimination under § 1981, Herring must demonstrate that: (1) he “is a member of a protected class”; (2) he “was otherwise qualified for the position”; (3) he “suffered an adverse employment

Smith v. Harris County Sheriff's Officer Reyes

District Court, S.D. Texas · Nov 26, 2024

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 … It lacks an arguable basis in fact “if, after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Id.