Case law

In re BP P.L.C. Securities Litigation

866 F. Supp. 2d 709 · District Court, S.D. Texas · Mar 30, 2012

By their own terms, *723 the Plans are “intended to constitute ... qualified profit sharing plants].” 13 (ESP, at 3.) … The Court does not decide for purposes of this motion to dismiss whether the Defendants actually qualify as fiduciaries of the Plans. .

Rimkus Consulting Group, Inc. v. Cammarata

688 F. Supp. 2d 598 · District Court, S.D. Texas · Feb 19, 2010

Whether preservation or discovery conduct is acceptable in a case depends on what is reasonable, and that in turn depends on whether what was done — or not done— was proportional to that case and consistent with clearly established … Relevance and Prejudice: The Burden of Proof It is well established that a party seeking the sanction of an adverse inference instruction based on spoliation of evidence must establish that: (1) the party with control over

Lewis v. Barnhart

460 F. Supp. 2d 771 · District Court, S.D. Texas · Sep 26, 2006

An impairment, no matter how severe, does not qualify if that impairment manifests only some of the specified criteria. See id. … Thus, the ALJ clearly recognized and acknowledged that Lewis experienced stress related to work, and the ALJ’s residual functional capacity limitations relating to stress properly accommodated this symptom.

Magana v. Platzer Shipyard, Inc.

74 F.R.D. 61 · District Court, S.D. Texas · Feb 7, 1977

According to the calendar established by the Court, all discovery and briefing on the class question was to be completed by May 3, 1976. … Because Rule 23(e) clearly provides a jurisdictional base for the Court’s inquiry into the fee proposed in this case, the Court need not reach and resolve that issue at this time. 3.

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.

Hall v. Environmental Chemical Corp.

64 F. Supp. 2d 638 · District Court, S.D. Texas · Sep 13, 1999

Thus, as to these key witnesses, Galveston is clearly a more convenient venue than Hawaii. … Some debate also exists concerning whether Plaintiff qualifies as a seaman under the Jones Act.

Ciarrocchi v. Inpex Americas, Inc.

District Court, S.D. Texas · Jan 20, 2023

Thus, this factor clearly favors an independent contractor relationship. … First, the plaintiff must establish a prima facie case of discrimination. Jd.

United States v. Transocean Deepwater Drilling Inc.

936 F. Supp. 2d 818 · District Court, S.D. Texas · Mar 30, 2013

The Deepwater Horizon was also clearly connected to the Outer Continental Shelf at the time of the incident. … No party argues that the CSB qualifies as a stationary-source owner or operator under part 68.

Chavez v. Lumpkin

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

Additionally, the AEDPA requires that federal law be “clearly established” “as articulated by the Supreme Court.” Woodfox v. Cain, 609 F.3d 774, 800 n. 14 (5th Cir. 2010). “[A] decision by . . . … [the Fifth Circuit] . . . or one of our sister circuits, even if compelling and well-reasoned, cannot satisfy the clearly established federal law requirement under § 2254(d)(1).” Salazar v.

Drilling Well Control, Inc. v. Dresser Industries, Inc.

340 F. Supp. 1266 · District Court, S.D. Texas · Dec 21, 1971

The court does not believe that to qualify as such a “successor in business” would require, necessarily, that the person or entity seeking to so qualify must have assimilated the entire corporate, or legal business existence … s “successor in business” under 35 U.S.C. § 252 would not have been established.

Davis v. Sessions

293 F. Supp. 3d 678 · District Court, S.D. Texas · Feb 22, 2018

The issue is the fourth and final requirement: *681 whether Davis can establish himself as a person of good moral character. … The evidence clearly shows he had subjective intent to obtain an immigration benefit.

Craig v. United States

89 F. Supp. 2d 858 · District Court, S.D. Texas · Oct 1, 1999

On December 2, 1994, the will was duly admitted to probate and Craig Jr. was found qualified to act as independent executor of the estate. Mrs. Craig and Craig Jr. were the only beneficiaries under Craig Sr.’s will. … Such behavior by the IRS is clearly improper and, most clearly, wrongful under § 7426. d.

Diamond Offshore Co. v. Survival Systems International, Inc.

902 F. Supp. 2d 912 · District Court, S.D. Texas · Oct 10, 2012

The TTCA waives sovereign immunity in certain circumstances. Tex. Civ. Prac. & Rem.Code Ann. § 101.021. … Diamond argues that SSI has failed to show that Congress clearly intended to preempt claims like Diamond’s. Dkt. 76 at 8. 1.

Graves v. Metropolitan Life Insurance Company

District Court, S.D. Texas · Jun 28, 2023

A year later, Adrianne Graves was appointed and qualified as Dependent Administrator of Timothy Howick’s estate. Id. ¶ 9. … The Fifth Circuit reasoned that “[i]t is well settled that both sorts of claims, no matter how characterized by the plaintiff, in fact are “necessarily federal in character by virtue of the clearly manifested intent of

Medrano v. Allee

347 F. Supp. 605 · District Court, S.D. Texas · Jun 26, 1972

As a general rule, a litigant may assert only his own constitutional rights or immunities. McGowan v. Maryland, 366 U.S. 420 , 81 S.Ct. 1101 , 6 L.Ed.2d 393 (1961). … Robel, 389 U.S. 258 , 88 S.Ct. 419 , 19 L.Ed.2d 508 (1967): “The statute quite literally establishes guilt by association alone, without any need to establish that an individual’s association poses the threat feared by the

Gonzalez v. Bayer Healthcare Pharmaceuticals, Inc.

930 F. Supp. 2d 808 · District Court, S.D. Texas · Mar 12, 2013

Bayer is also immune from liability because the FDA approved the Mirena warnings. … Plaintiff cannot employ such characterizations to plead around the learned intermediary doctrine, which is clearly applicable here.

Williams v. United States Department of Education

District Court, S.D. Texas · Mar 30, 2021

The federal government has consented to a limited waiver of sovereign immunity from tort lawsuits under the FTCA. Id. … The CPM does not clearly define some of the terms at issue, including “administrative closure,” “denial,” or “appeal.” However, the meaning of these terms is apparent when the manual is read in full.

Weiner v. United States

255 F. Supp. 2d 663 · District Court, S.D. Texas · Nov 20, 2002

Yet, he has presented no evidence that establishes that AMCOR became a partner of TFA on January 1, 1985. … Although the Form 870-P(AD) did not settle § 6621(c) interest, Weiner clearly was aware that the IRS intended to assess such interest.

Solis v. City Of Baytown

District Court, S.D. Texas · Jan 29, 2021

Procedurally, Solis claims that this evidence was not previously available and therefore her motion qualifies under Rule 59(e) as that rule has been interpreted by the Fifth Circuit. … Establishing deliberate indifference generally requires a “pattern of similar violations” arising from a policy “so clearly inadequate as to be ‘obviously likely to result in a constitutional violation.””

Metro National Corp. v. Dunham-Bush, Inc.

984 F. Supp. 538 · District Court, S.D. Texas · Aug 20, 1997

Dunham-Bush’s representations were not vague, did not include limiting qualifiers, and were not mere promotional exaggerations. … The Court concludes that Dunham-Bush’s warranty was clearly intended to benefit end-users such as Metro.