Case law

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).

Bar Group, LLC v. Business Intelligence Advisors, Inc.

215 F. Supp. 3d 524 · District Court, S.D. Texas · Feb 22, 2017

The Court concludes that they are clearly not parallel and concurrent. … They do not establish any specific number of years. .

United States v. Marquez

207 F. Supp. 3d 715 · District Court, S.D. Texas · Sep 16, 2016

The appellant observed that the slightest contact—even touching someone’s glasses or indirect contact by a thrown paper airplane—qualified as a battery in Indiana. Id. at 669-70 . … For these reasons, the Government cannot establish, based on the undisputed facts, the requisite element of force for purposes of section 111.

In Re Alien Children Education Litigation

501 F. Supp. 544 · District Court, S.D. Texas · Jul 21, 1980

The “right to participate in elections on an equal basis with other qualified voters” does not herald a revamping of the political system. … Whether or not an “intermediate tier” is now clearly established, see Chatham v.

Knox v. Johnson

63 F. Supp. 2d 751 · District Court, S.D. Texas · Aug 23, 1999

When considering questions of law, on the other hand, this Court may grant habeas relief only if the state court’s determination of law is contrary to “clearly established” Supreme Court precedent. … Finally, for mixed questions — that is, those containing issues of law and facts 8 — relief is granted only if the state court decision rests on an “unreasonable application of ... clearly established Federal law, as determined

Rock Bit International, Inc. v. Smith International, Inc.

82 F. Supp. 2d 667 · District Court, S.D. Texas · Sep 30, 1999

However, whether the sale qualify under the “on sale” bar and, thereby, invalidates RBI’s ’016 Patent depends upon an interpretation of the claims upon which RBI relies for the patentability of its invention. … The gage surface of the F27 drill bits surrounding the secondary cutter is clearly adjacent to the heel row inserts.

Sandel-Garza v. BBVA Compass Bancshares, Inc.

District Court, S.D. Texas · May 7, 2020

A plaintiff can establish that she was qualified by showing that at the time of her termination, she could perform the “essential functions of her job” despite her disability or with a reasonable accommodation of her … At the outset, Plaintiff has established a factual issue regarding when she was terminated.

Tercero v. Texas Southmost College District

District Court, S.D. Texas · Feb 1, 2022

(Renewed Motion, Doc. 107) The Court granted the motion as to the breach-of- contract claim, concluding that the District was immune from such a lawsuit in federal court. … CODE § 304.003(c).2 Still, in similar circumstances construing an analogous predecessor statute, the Fifth Circuit reasoned that the statute “clearly expresses the intent of the Texas legislature to provide to recovering

In Re Enron Corp. Securities, Deriv. &" Erisa" Litigation

491 F. Supp. 2d 690 · District Court, S.D. Texas · Jun 12, 2007

Merrill Lynch objects that the evidence does not show that Enron committed a primary violation because Enron does not qualify as a statutory “seller” under the statute; the evidence demonstrates that Enron did not sell the … Liability clearly will extend to any buyer of the registered security and no privity limitation or requirement is included.

Brush v. Wells Fargo Bank, N.A.

911 F. Supp. 2d 445 · District Court, S.D. Texas · Nov 29, 2012

(requiring party to establish it met conditions of an offer in order to raise question of fact on application of promissory estoppel doctrine). … “A motion to alter or amend the judgment under Rule 59(e) ‘must clearly establish either a manifest error of law or fact or must present newly discovered evidence’ and ‘cannot be used to raise ar *480 guments which could,

Easom v. US Well Services, Inc.

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

COVID-19 qualifies as a disaster under the WARN Act. COVID-19 is clearly a “disaster.” … The record does not clearly show the relative roles of the price war and the COVID-19 pandemic in the March 18, 2020, layoffs.

Landing Council of Co-Owners v. Federal Insurance Co.

247 F. Supp. 3d 802 · District Court, S.D. Texas · Mar 23, 2017

Compare App. 169-236, 274-91 (Underlying Lawsuits), with App. 37 (Policy’s property damage exclusion);see Willbros, 601 F.3d at 310 (“Although the allegations include conduct that arguably qualifies as professional service … under the terms of the exclusion,.. they also contain conduct that clearly does not fit within the exclusion.”).

Murski v. Davis

District Court, S.D. Texas · Dec 20, 2019

A criminal defendant’s ineffective- assistance claim is analyzed under the clearly established standard set forth in Strickland v. Washington, 466 U.S. 668 (1984). … In that regard, Murski does not demonstrate that the state court denied relief unreasonably or in a manner that was contrary to clearly established precedent.

United States v. Elizondo

277 F. Supp. 2d 691 · District Court, S.D. Texas · Jul 24, 2002

Greenwood, 974 F.2d 1449, 1466 (5th Cir.1992) (stating that any request, however phrased, that a district court “reconsider a question decided in the case in order to effect an alteration of the rights adjudicated” qualifies … I mean, if you can think of a better way to establish it, I’ll entertain it, but I think that’s pretty solid....

Kiper v. BAC Home Loans Servicing, LP

884 F. Supp. 2d 561 · District Court, S.D. Texas · Aug 2, 2012

At first he was told that he did not have enough income, then that he would have to wait at least three months to qualify to reapply. Finally he was granted a loan modification on July 8, 2010. … The court should deny leave to amend if it determines that “the proposed change clearly is frivolous or advances a claim or defense that is legally insufficient on its face.... ” 6 Charles A. Wright, Arthur R.

Jeffery v. City of Houston

District Court, S.D. Texas · Mar 27, 2024

Municipal Liability under 42 U.S.C. § 1983 "To state a claim under § 1983, a plaintiff must allege facts showing that a person, acting under color of state law, deprived the plaintiff of a right, privilege or immunity … Jeffrey’s ADA and § 504 claims are barred by the applicable Statute of Limitations Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be

Presley v. Vessel Carribean Seal

537 F. Supp. 956 · District Court, S.D. Texas · Apr 26, 1982

Very clearly the change of location did not work a change of meaning. … Warner establishes that persons excluded by statutory fiat from consideration as seamen under the provisions of Title 53 nonetheless may retain seaman status under the Jones Act.

Omni USA, Inc. v. Parker-Hannifin Corp.

964 F. Supp. 2d 805 · District Court, S.D. Texas · Aug 8, 2013

Federal Rule of Evidence 702 allows a witness “qualified as an expert by knowledge, skill, experience, training or education” to offer opinion testimony if that testimony will assist the trier of fact, if “the testimony is … face clearly an amount unreasonable in light of the damages involved.

Mosquera v. Collier

District Court, S.D. Texas · Jun 28, 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.

United States v. Radley

659 F. Supp. 2d 803 · District Court, S.D. Texas · Sep 17, 2009

If the 2(g) exception is inapplicable to any transaction once it is communicated to others, a transaction must be kept secret in order to qualify for the protection of Section 2(g). … Since the facts alleged do not clearly violate the CEA, the conspiracy charge must be dismissed as well. IV.