Case law

Dickerson v. Bailey

87 F. Supp. 2d 691 · District Court, S.D. Texas · Feb 11, 2000

Thus the twenty-first amendment “does not immunize state laws from invalidation under the Commerce Clause when those laws have the practical effect of regulating liquor sales in other States.” … Plaintiffs satisfy the three-pronged test for standing established in Lujan v.

Cerf v. Parinello

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

“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.” Id. (cleaned up). … Allegations that are “fanciful,” “fantastic,” and “delusional” qualify as factually frivolous for purposes of 28 U.S.C. § 1915(e)(2)(B). Denton v. Hernandez, 504 U.S. 25, 32-33 (1992) (quoting Neitzke v.

Royal Surplus Lines Insurance v. Brownsville Independent School District

404 F. Supp. 2d 942 · District Court, S.D. Texas · Jun 2, 2005

Clearly, this evidence (especially in the absence of evidence to the contrary) proves a bonafide dispute existed and that Royal had a reasonable basis for the actions it took. … BISD, however, has not directed this Court to one single line of testimony or sentence of a report or affidavit which support its claims that those qualify as “water damage” under the policies.

Matter of Extradition of Russell

647 F. Supp. 1044 · District Court, S.D. Texas · Jul 10, 1986

On Motion of Petitioner, Magistrate Kelt held a Probable Cause hearing on May 8, 1986, at which he took evidence and ruled that Petitioner did not qualify for bail. … reasonably conclude that its plain language did not foreclose extradition of the United States’ own nationals altogether, thus, in effect, pre-empting Article 11 and precluding his jurisdiction. 7 The language of Article 8 is clearly

Frink

District Court, S.D. Texas · Jun 23, 2026

A class of juveniles without a qualifying guardian or relative challenged their continued detention as violative of due process. Id. at 299–300. … Instead, it requires that the examining immigration officer determine that the alien “is not clearly and beyond a doubt entitled to be admitted” to the country. 8 U.S.C. § 1225(b)(2)(A).

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

235 F. Supp. 2d 549 · District Court, S.D. Texas · Dec 19, 2002

(e) When a lawyer has confidential information clearly establishing that the lawyer’s client has committed a criminal or fraudulent act in the commission of which the lawyer’s services have been used, the lawyer shall make … Restricted stock does not qualify. Complaint at 309-10.

Omni Air International v. Director, Office of Workers' Compensation Programs

District Court, S.D. Texas · Mar 22, 2022

Coon’s injury, her covered work was not clearly at 7 an end because “[Ms. … Coon did not, by submitting to drug testing, establish the required nexus between her testing and engagement in employment for a public work under her employer’s DOD contract. (Doc. 12 at 16). Wl.

Howard v. Linthicum

District Court, S.D. Texas · Aug 6, 2020

It is well established that “unsuccessful medical treatment, acts of negligence, or medical malpractice do not constitute deliberate indifference, nor does a prisoner’s disagreement with his medical treatment, … The defendants have not “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in similar conduct that would clearly evince a wanton disregard for any serious medical needs.”

Moore v. Murray

District Court, S.D. Texas · Jan 3, 2022

Once a prisoner has accumulated three qualifying dismissals or strikes for purposes of § 1915(g), he may not proceed without prepayment of the filing fee unless he fits within the imminent-danger exception … “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.” Id.

Visintine v. NavyArmy Community Credit Union

District Court, S.D. Texas · Aug 29, 2024

These claims therefore also fail to plausibly allege qualifying predicate acts. … No. 1, p. 8 ¶ 21; id. at 9 ¶ 22; id. at 10-11 ¶¶ 25-27) do not qualify as RICO predicate acts.

Joint Heirs Fellowship Church v. Ashley

45 F. Supp. 3d 597 · District Court, S.D. Texas · Sep 9, 2014

Plaintiffs’ have not established that they have standing to challenge § 253.096. … A plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others.

Porter v. Shearson Lehman Bros. Inc.

802 F. Supp. 41 · District Court, S.D. Texas · Aug 3, 1992

This presentation is qualified by the Prospectus and does not constitute a solicitation to buy which can only be made by the Prospectus.” … The Court finds his argument inconsistent with established federal law.

Speed v. Davis

District Court, S.D. Texas · Apr 13, 2020

Under this standard, a federal habeas corpus court may not grant relief unless the state court’s adjudication “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established … To constitute an “unreasonable application of” clearly established federal law, a state court’s holding “must be objectively unreasonable, not merely wrong; even clear error will not suffice.” Woods v.

In Re Enron Corporation Securities, Derivative

540 F. Supp. 2d 759 · District Court, S.D. Texas · Jan 1, 2007

Section 5 states clearly that the TSA "shall not apply" to the transactions it lists unless "specifically provided" for otherwise. … Liability clearly will extend to any buyer of the registered security and no privity limitation or requirement is included.

Butler v. Lumpkin

District Court, S.D. Texas · Jan 15, 2025

If a prisoner qualifies for leave to proceed without prepaying the filing fee and the $55.00 administrative fee is waived, the prisoner must still pay the $350.00 filing fee by installment from his inmate trust fund … In this event you must complete the application to proceed in forma pauperis, setting forth to establish your inability to prepay the fees and costs or give security therefor.

Colfletar SAS v. Thompson Pipe Group, Inc.

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

But see Baldwin v Mortgage Electronic Registration System, Inc, 2020 WL 4227591, at *3 (SD Tex) (third party isn’t contractual beneficiary unless agreement “clearly and fully” expresses intention to confer … It argues that Colfletar isn’t a carrier or a qualified subcontractor of one, and didn’t otherwise perform any qualifying carrier duties. Id at 8–10.

Dean v. Newsco International Energy Services, USA, Inc.

District Court, S.D. Texas · Aug 6, 2019

Newsco cannot establish the second prong of the administrative exemption defense either because this record establishes that Plaintiffs’ primary job duty—while important to Newsco—does not require … Plaintiffs clearly oppose its application. Based upon the disputed facts above, this Court has already determined that the primary issues must be determined by a jury.

Innovative Sports Management, Inc. v. Paisa's Truck, LLC

District Court, S.D. Texas · Feb 14, 2024

Third, grounds for default are clearly established given that, as reflected by the record and noted in the Clerk's Entry of Default, “Defendants failed to plead or otherwise defend in this case as required by law.” … International, LLP and Innovative Sports Management, Inc. shows that Innovative had exclusive transmission rights for soccer games that the National Senior Team of Brazil plays as a home team during the South American qualifiers

Jackson v. R & A Towing, LLC

District Court, S.D. Texas · Mar 9, 2023

Although Milstead offers some services that qualify as retail services, to meet the exemption it must show that at least 75% of its annual dollar volume of business derives from retail services. … The Fifth Circuit recognized that although there was no guarantee that a cable installation technician would receive more work orders, the employer’s commission pay scheme clearly gave technicians an incentive to work

Feijoo v. Costco Wholesale Corporation

District Court, S.D. Texas · Jan 30, 2023

Costco concedes that Feijoo was older than forty and, for purposes of its summary judgment motion only, “assumes that Feijoo can establish ... that he had a disability and was qualified for his job at Costco.” … Costco argues only that Feijoo “clearly knew the process . . . to request time off for medical appointments.”