Case law

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.

McCaskey v. Continental Airlines, Inc.

159 F. Supp. 2d 562 · District Court, S.D. Texas · Aug 17, 2001

Meyer has established a prima facie case sufficient for Plaintiff to avoid summary judgment. 19 3. Physical Injury Requirement Finally, the Plaintiff must establish that any accident caused a physical injury. … A footnote in Floyd , foreshadowed this rule, by stating that whether "the distress experienced by relatives of injured or dead airline passengers qualified under Article 17 ... as ‘damage sustained ..is a different question

Alvarado v. Shipley Donut Flour & Supply Co., Inc.

526 F. Supp. 2d 746 · District Court, S.D. Texas · Nov 30, 2007

by Rivera, on delivery routes or outside of work, in a manner Plaintiffs considered threatening to their personal safety; 43 eviction from company housing; 44 or termination. 45 All of these incidents, if proven, could qualify … If, however, a plaintiff can establish a willful violation of the FLSA, a three-year limitations period applies. Id.

Shepard v. Ben Henderson

District Court, S.D. Texas · Nov 27, 2023

A complaint lacks an arguable basis in fact when the facts alleged are “clearly baseless,” “fanciful,” “fantastic,” or “delusional.” Denton v. Hernandez, 504 U.S. 25, 32 (1992) (quoting Neitzke v. … The court may also dismiss the complaint, or any part of the complaint, if it “seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C.

D.P. v. Holy See (Vatican City State)

District Court, S.D. Texas · Aug 9, 2022

Plaintiffs’ pleading clearly establishes that Father Phi deviated from the scope of his employment. 7 □ This conclusion has been … established in case after case.

Securities & Exchange Commission v. W. L. Moody & Co., Bankers (Unincorporated)

374 F. Supp. 465 · District Court, S.D. Texas · Mar 25, 1974

The evidence presented clearly demonstrated that Bank assets would not generate sufficient cash to pay the depositors. … Defendant objects to a second group of expenses “if such are in connection with attempts to establish fees.”

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.”

Cogan v. Triad American Energy

944 F. Supp. 1325 · District Court, S.D. Texas · Oct 15, 1996

As part of the government-encouraged effort to establish alternative energy sources, the partnerships were organized to develop “wind parks” to generate electricity from desert winds. … These seminars do not qualify as the “sale” of a security. 15 U.S.C. § 78j (1994) (the SEC’s § 10(b)).

Houston Methodist Hospital v. Humana Insurance Co.

266 F. Supp. 3d 939 · District Court, S.D. Texas · Jul 17, 2017

MA organizations must satisfy detailed requirements to qualify for inclusion in the MA program. 42 C.F.R. § 422.503 . … Because these payment standards were clearly established “with respect to MA plans which are offered . by MA organizations under this part,” they “supersede any State law or regulation (other than State licensing laws or

Harrington v. City of Shiner, Texas

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

Moreover, the district court wrote in its conclusion that “Harrington’s complaint fails to establish federal question jurisdiction or diversity jurisdiction. … The district court clearly dismissed the complaint under Rule 12(b)(1).

Robertson v. Strassner

32 F. Supp. 2d 443 · District Court, S.D. Texas · Oct 8, 1998

Plaintiffs have adequately alleged facts which, if proven, would establish the causation element of their claim. Amended Complaint, ¶¶ 2-6, 8, 10-12, 23-30, 32-34, 36, 42, 45. … —The PSLRA contains a “safe-harbor” provision which protects forward-looking statements which are clearly identified as such and which are accompanied by cautionary language. 15 U.S.C. § 78u-5(a).

Woodland v. City of Houston

918 F. Supp. 1047 · District Court, S.D. Texas · Mar 7, 1996

“In the political realm, as in the academic, thought and action are presumptively immune from inquisition by political authority.” Sweezy v. … The evidence was that the city treated all applicants to the unstructured and intrusive test, making class certification clearly appropriate.

Valentine v. Collier

District Court, S.D. Texas · Jun 27, 2020

Thus, argues Defendants, those with immunity are no longer at risk. … Additionally, because claims for damages in this case would raise individual damages calculations, as well as questions of qualified immunity, adding those claims would certainly impose a cost on certification in this case

United States Ex Rel. Thompson v. Columbia/HCA Healthcare Corp.

20 F. Supp. 2d 1017 · District Court, S.D. Texas · Aug 18, 1998

The amicus curiae brief reiterates that it is established law that a showing of damages is not an essential element of an FCA cause of action. … In the instant case, Defendants allegedly knowingly misrepresented and concealed clearly illegal conduct, established as such by statute and regulation, to gain payment for Medicare services.

David L. Aldridge Co. v. Microsoft Corp.

995 F. Supp. 728 · District Court, S.D. Texas · Feb 5, 1998

Because the statements were true and protected by the employer’s qualified investigative privilege, the Texas Supreme Court affirmed summary judgment in favor of Randall’s. … To satisfy this test a plaintiff must prove that the allegedly disparaging statements were (1) clearly false, (2) clearly material, (3) clearly likely to induce reasonable reliance, (4) made to consumers having little understanding

LCS Corrections Services, Inc. v. Lexington Insurance

7 F. Supp. 3d 678 · District Court, S.D. Texas · Mar 13, 2014

The scope of the duty to defend is interpreted broadly: “Where the complaint does not state facts sufficient to clearly bring the case within or without the coverage, the general rule is that the insurer is obligated to defend … This language has the effect of requiring that the alleged bodily injury be caused by a civil rights violation that qualifies as an “occurrence.”

Newby v. Enron Corp.

540 F. Supp. 2d 759 · District Court, S.D. Texas · Aug 24, 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.

Settlement Funding LLC v. RSL Funding, LLC

3 F. Supp. 3d 590 · District Court, S.D. Texas · Mar 12, 2014

Parties object to the use of the hearing transcript from the temporary injunction hearing held before the state trial court in this case because the testifying witness, Sutherland, lacked personal knowledge and was not qualified … Settlement Funding does not respond to this argument, which clearly raises a fact issue.

Sowell v. Barber

District Court, S.D. Texas · Dec 16, 2021

[T]he plaintiff must show that the officials “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton … The evidence presented by Ivey establishes that she was not deliberately indifferent to Sowell’s medical needs.

Briseno v. Hillcroft Medical Clinic Association

District Court, S.D. Texas · Dec 5, 2022

Briseno’s Complaints Do Not Qualify as Protected Activity “To qualify as protected activity under the whistleblower provision, the activity must be ‘in furtherance of’ uncovering fraud or potential fraud against … Yet, Briseno did not cure these defects in her Amended Complaint, and her only response to Hillcroft’s argument was that she was “clearly retaliated against” by Hillcroft. Dkt. 35 at 7 (emphasis omitted).