Case law

Brenyah v. Columbia Hospital Corporation of Bay Area

District Court, S.D. Texas · Mar 17, 2025

The M&R recognized that the probationary period extension could qualify as an adverse action. (D.E. 151, p. 61, 76). … Denial of Light Duty Objection Plaintiff objects that the M&R did not follow clearly established law when it recommended granting summary judgment because Defendant, in denying Plaintiff light duty, did not show that

In Re Enron Corp. Securities

586 F. Supp. 2d 732 · District Court, S.D. Texas · Sep 8, 2008

Lead Counsel played a significant role in organizing that discovery, coordinating the Deposition Scheduling Committee, establishing the deposition scheduling protocol, and establishing document depositories in Houston and … The Court finds this service to be sufficiently legal in nature to qualify for inclusion in the lodestar. On June 7, 2004, Rory C.

Pace Union, Local 4-1 v. BP PIPELINES (N. AMERICA)

191 F. Supp. 2d 852 · District Court, S.D. Texas · Mar 15, 2002

Wade Woods qualified as a PSII, and left that position, had less seniority than the Grievant, on April 24, 2000, then the Grievant should bump that employee, and take that said position. … The burden then shifts to the non-moving party to establish the existence of a genuine issue for trial. See Matsushita, 475 U.S. at 585-87 , 106 S.Ct. at 1355-56 ; Wise v. E.I.

A-Pro Towing and Recovery, LLC v. City of Port Isabel

District Court, S.D. Texas · Aug 18, 2020

(Motion, Doc. 40, ¶¶ 1.03, 1.04) Additionally, he maintains that even if A-Pro could establish a Fourteenth Amendment violation, Cantu is insulated from liability under the doctrine of qualified immunity … immunity.

Haas v. Mayorkas

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

However, if no timely objection is made, the court need only review the R&R to determine whether it is “clearly erroneous or contrary to law.” Garcia v. Sessions, 2018 WL 6732889, at *1 (S.D. Tex. … Judge Palermo refrained from deciding whether those qualified as adverse employment actions because the question was unbriefed. Id. at 15 n.12.

Sanchez v. Moore

District Court, S.D. Texas · Apr 21, 2020

A claim has no arguable basis in fact if “after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Talib v. … Plaintiff “must establish that he has a personal stake in the alleged dispute and that the alleged injury suffered is particularized as to him.” Id. at 819.

Adams v. Harris County Sheriff's Office

District Court, S.D. Texas · Mar 15, 2024

“A complaint 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.” Rogers v. … May 29, 2009) (“As a division within the Harris County Sheriff’s Department, the Harris County Jail does not qualify as an entity with capacity under the rules because it cannot sue or be sued.”).

Carpenter v. Hall

352 F. Supp. 806 · District Court, S.D. Texas · Oct 17, 1972

It thus becomes *809 important to determine the Congressional purpose behind both acts, since clearly one must yield to the other; and in this connection the Securities Act of 1933, which in Section 22(a) 10 contains venue … This was one of the cases that one of the principal proponents of the present motion caused to be transferred to this Court almost six years ago with his argument that this Court was uniquely qualified to handle his case

In Re Enron Corp. Securities, Derivative & Erisa Lit.

761 F. Supp. 2d 504 · District Court, S.D. Texas · Jan 6, 2011

Iqbal, 129 S.Ct. at 1940 , the Supreme Court, applying the Twombly plausibility standard to a Bivens claim of unconstitutional discrimination *518 and a defense of qualified immunity for government official, observed that … Since they have not attributed a single specific misrepresentation to Deutsche Bank, they clearly cannot establish reliance on any such statement.

Vasquez v. Nelson

District Court, S.D. Texas · May 12, 2025

For instance, Vasquez complains that NASA has not “clearly provided the details” underlying his own allegations, which he insists makes it “impossible to evaluate whether these incidents are indeed non-adverse … But NASA argues, and the Court agrees, that Vasquez’s failure to substantiate any qualifying disability is equally fatal to this theory.

Buckley v. Nabors Drilling USA, Inc.

190 F. Supp. 2d 958 · District Court, S.D. Texas · Mar 15, 2002

Consistently referring to “seamen” and “railroad employees” as the specific categories of workers enumerated under § 1, the Supreme Court in Circuit City was clearly differentiating between two categories of workers: the … Defendant argues that the mailing and assumed receipt of the DRP adequately establishes Buckley’s acceptance of the terms of the DRP, including its binding arbitration provision.

Medina v. United States

District Court, S.D. Texas · Mar 31, 2025

While “[t]he United States, as sovereign, is immune from suit save as it consents to be sued,” United States v. … Indeed, past pain and suffering qualifies as noneconomic damage. Golden Eagle Archery, Inc. v.

Castellow v. CHEVRON USA

97 F. Supp. 2d 780 · District Court, S.D. Texas · Apr 4, 2000

Each witness is presented in the hope that his testimony will establish proof on the claim that Mr. … Clearly, the significance of Dr. Rose’s calculations to the other designated witnesses, cannot be overstated. After reviewing Dr.

United States v. Cisneros

456 F. Supp. 2d 826 · District Court, S.D. Texas · Sep 28, 2006

Cisneros did so by causing her agent to make qualifying telephone calls between the United States and Mexico.” Id. … By setting out the causation requirement this clearly, the court established that use of such a facility would have to be the result of Cisneros’s actions, and therefore in the commission of the offense charged.”

Tow v. Amegy Bank N.A.

498 B.R. 757 · District Court, S.D. Texas · Sep 30, 2013

“Amegy and Speer discussed different ways the new company could be established .... Amegy even helped plan how Speer could be compensated. … Tow has not clearly identified the discovery he lacked the opportunity to conduct that was needed to respond to Ame-gy’s motion for partial summary judgment.

Topsoe, Inc. v. Casale US, Inc.

District Court, S.D. Texas · Jan 17, 2025

Sept. 8, 2010) (“Such ‘omnibus’ phrases as ‘relating to,’ ‘referring to,’ or ‘concerning’ have been held objectionable unless whatever follows that phrase is clearly and narrowly defined.” (collecting cases)). … Although Casale has failed to adduce sufficient evidence to establish its claim of privilege, I ordered Casale to produce the notes for in camera review.

Casares v. Agri-Placements International, Inc.

12 F. Supp. 3d 956 · District Court, S.D. Texas · Mar 31, 2014

Co., 995 S.W.2d 647, 651 (Tex.1999)) (“[A] presumption exists that parties contracted for *977 themselves unless it clearly appears that they intended a third party to benefit from the contract.”). … Plaintiffs qualified their theories of breach by pleading that “API breached its contract with YCCG by, inter alia, ....” Second Am. Compl. ¶ 116. The trailing Latin phrase means "among other things.”

In re Heartland Payment Systems, Inc. Customer Data Security Breach Litigation

851 F. Supp. 2d 1040 · District Court, S.D. Texas · Mar 20, 2012

Other circuits state the standard less clearly. See, e.g., DG ex rel. Stricklin v. … The sections are: Basic Information, Who Is in the Settlement, The Settlement Benefits — What You Get If You Qualify, How to Get Benefits — Submitting a Claim Form If You Qualify, Excluding Yourself from the Settlement, The

GRM v. Equine Investment & Management Group

596 F. Supp. 307 · District Court, S.D. Texas · Oct 23, 1984

limited partnership at issue here, id. ¶¶ 10 and 22, reviewed the loan applications for the Texas plaintiffs here, id. ¶ 15, and were involved in arranging a New York meeting to discuss the Texas plaintiffs’ inability to qualify … The Andover businesses were involved in this transaction and, as this court’s Memorandum and Order of September 13, 1984 found, this transaction clearly involved securities. 21 .

Dickerson v. United States

District Court, S.D. Texas · Apr 23, 2024

Counsel also argued that Dickerson’s house did not qualify as a “stash house” because it was not used primarily for storing drugs. (Id. at 7). … Rather than specifically challenging the Guidelines calculation, Dickerson clearly frames his claim as one of ineffective assistance of counsel.