Case law

United States v. Ledesma

33 F. Supp. 3d 734 · District Court, S.D. Texas · Mar 29, 2012

This chronology of events — commission of a crime, naturalization, then indictment and conviction for the crime— does not clearly fall within the aforementioned enumerated categories. See United States v. … Here, the concealment of Ledesma’s drug trafficking activity certainly tended to cause the Government to conclude that Ledesma was qualified for naturalization.

Teixeira v. Wainwright

District Court, S.D. Texas · Sep 4, 2019

The Fifth Circuit has extended the Eleventh Amendment immunity specifically to TDCJ officers and officials acting in their official capacities. See Oliver v. … It is well established that a prison supervisor cannot be held liable for the misconduct of his or her subordinates. See Thompkins v. Belt, 828 F.2d 298, 303 (5th Cir. 1987).

Lee v. Credit Management, LP.

846 F. Supp. 2d 716 · District Court, S.D. Texas · Jan 13, 2012

Thus, assuming an individual qualifies as a “consumer”, the FDCPA prohibits “conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.” 15 U.S.C. § 1692d … The statute clearly provides that where all the information is provided to the consumer during the initial communication then no written notice is required. 15 U.S.C. § 1692g(a). .

Bennett v. PRC Public Sector, Inc.

931 F. Supp. 484 · District Court, S.D. Texas · Jan 26, 1996

Schulze is qualified as an expert. See F.R.E. 702, 104(a). Next, the Court must assess whether or not the testimony Plaintiffs seek to offer qualifies as “scientific, technical or other specialized knowledge.” … There clearly are now, and have been for years, recognized methods for evaluating the risks of equipment and jobs, and for associating each type of risk with certain potential physical injury.

Bell v. Trevino

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

knowledge that they were withholding medically necessary care” and “that officials ‘refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly … The Fifth Circuit “has explained that a plaintiff can establish the third prong of the prima facie case— discrimination ‘by reason of his disability’—by showing that the defendants have failed to make reasonable accommodations

Urdiales v. Canales

475 F. Supp. 622 · District Court, S.D. Texas · Aug 24, 1979

The Court announced the following “nexus” test: “First, the taxpayer must establish a logical link between that status and the type of legislative enactment attacked. … Secondly, the taxpayer must establish a nexus between that status and the precise nature of the constitutional infringement alleged.

United States v. Flume

390 F. Supp. 3d 847 · District Court, S.D. Texas · Jun 11, 2019

. § 5314 consists of seven elements: "(1) [the defendant] was a U.S. citizen (or other qualified person) at the time of [his] filing; (2) [he] had a financial interest in or signatory authority over the account at issue; … Even if the Court were to accept Flume's claim that he did not know about the FBAR requirement until 2010, his testimony at trial clearly established that he acted with extreme recklessness by failing to review his tax returns

Johnson v. Lakeview Loan Servicing LLCThe clerks office is ordered to not accept any further filings until the motion to dismiss is ruled on (see order 40)

District Court, S.D. Texas · Aug 19, 2025

Defendants argue that this claim should be dismissed because “Plaintiff’s Complaint is devoid of any factual allegations establishing when Plaintiff submitted a qualified written request, that it was a valid request … Further, Plaintiff does not establish when and to whom he submitted a qualified written request, the details of the request, or any facts demonstrating that it was a valid request to which Defendants had a duty to respond

Chicca v. St. Luke's Episcopal Health System

858 F. Supp. 2d 777 · District Court, S.D. Texas · Mar 12, 2012

In a declaration that qualifies statements made in his resumes, Chicca explains that the phrase “[ijdentify and reduce risks to information processing environments and associated areas” meant that he “printed out a list of … Primary duty includes the exercise of discretion and independent judgment with respect to matters of significance Even if no factual questions existed as to the second prong, above, factual issues *789 clearly remain as to

Klein Independent School District v. Hovem

745 F. Supp. 2d 700 · District Court, S.D. Texas · Sep 27, 2010

Per did receive the benefits of mainstreaming discussed in Daniel RR. and he clearly received a FAPE under the Michael F. test. … While KISD was clearly not required to cure or remediate Per’s learning disability, it was required to address his learning disability.

Ramey v. Davis

314 F. Supp. 3d 785 · District Court, S.D. Texas · Jul 9, 2018

Under AEDPA's rigorous requirements, an inmate may only secure relief after showing that the state court's rejection of his claim was either "contrary to, or involved an unreasonable application of, clearly established Federal … She has vacillated but she has clearly stated on at least two if not three occasions that she would *815 require a greater burden of proof than beyond a reasonable doubt which she would establish, and based on that the State

Axxiom Manufacturing, Inc. v. McCoy Investments, Inc.

846 F. Supp. 2d 732 · District Court, S.D. Texas · Jan 31, 2012

As one court stated: The Copyright Office established a regulation providing examples of the types of works that fall into the category of works that lack a minimum level of creativity and do not and do not qualify for copyright … Each manual qualifies as a copyrightable derivative work of the 1987 public-domain manual.

Matson v. Sanderson Farms, Inc.

388 F. Supp. 3d 853 · District Court, S.D. Texas · Jul 23, 2019

Even if the letter was sent or conveyed, it was clearly insufficient. … by establishing that Ms.

Fentress v. Exxon Mobil Corp.

304 F. Supp. 3d 569 · District Court, S.D. Texas · Mar 30, 2018

Fifth Third established frameworks for assessing duty-of-prudence claims based on public information and insider information. … ERISA requires the plan administrator to provide plan participants notice of a "qualified change in investment options." 29 U.S.C. § 1104 (c)(4)(C).

Gossett v. Federal Home Loan Mortgage Corp.

919 F. Supp. 2d 852 · District Court, S.D. Texas · Jan 24, 2013

Summary judgment is proper if the non-movant “fails to make a showing sufficient to establish the existence of an element essential to that party’s case.” … Furthermore, as noted supra, in a letter dated August 27, 2010 Wells Fargo clearly informed Tekelia Gossett that her mortgage could not be modified, based on the results of the net present value calculation. Exs.

Anderson

District Court, S.D. Texas · Mar 18, 2026

Coleman’s witness statement is also clearly visible in Webb’s bodycam footage, which Anderson did not move to strike. (Dkt. No. 21-5). The court denies the motion as to Exhibit 2. … immunity.

Samet v. Davis

District Court, S.D. Texas · Mar 19, 2021

In his layperson’s opinion, the lab report “clearly showed a need to be treated.” (Docket Entry No. 9, p. 8.) … As discussed above, a successful ADA claim requires a plaintiff to establish “(1) that he has a qualifying disability; (2) that he is being denied the benefits, services, programs, or activities for which the public entity

Vanderbilt Mortg. and Finance, Inc. v. Flores

735 F. Supp. 2d 679 · District Court, S.D. Texas · Aug 25, 2010

Nevertheless, the deeds or any other related property documents do not qualify as “identification documents” under the plain language of the statute. … The Amended Intervention Complaint also clearly indicates that the underlying tort of the conspiracy is fraud.

Suarez v. Royal Coach FMHC, LLC

District Court, S.D. Texas · Sep 9, 2025

There are two ways to establish that a non-diverse defendant was improperly joined: “(1) actual fraud in the pleading of jurisdictional facts, or (2) inability of the plaintiff to establish a cause of action against … Such an omission does not qualify as an affirmative undertaking.

Cude v. AEP Texas Inc.

District Court, S.D. Texas · Mar 1, 2021

This question, explained the Huss panel, was “more specific” than whether medical literature established that a drug caused a condition. Id. … Further, Winkfein’s theories as to the cause and origin of the fire were clearly built upon a matrix of variables derived from the specific conditions at Cude’s home.