Case law
Opinions from 1658 to today.
2,190 results
3.50s
District Court, S.D. Texas · Jun 15, 2023
Manitowoc Cranes, L.L.C., 898 F.3d 607, 623–24 (5th Cir. 2018) (cleaned up) (“Rule 702 does not mandate that an expert be highly qualified in order to testify about a given issue. … Plaintiffs’ response argues that Garcia’s report “clearly outlines the facts and documents he reviewed in conducting his analysis.”51 The Court disagrees.
Cited 0 timesUnknownUnited States Ex Rel. Wilkins v. North American Construction Corp.
173 F. Supp. 2d 601 · District Court, S.D. Texas · Nov 27, 2001
to incorporate the established meaning of these terms.” … The distinction between a false statement and a false claim is clearly made in subsection 3729(a)(2).
Overruled on other grounds by United States Ex Rel. Longhi v. United States, 575 F.3d 458 (2009)Cited 37 timesPublishedDistrict Court, S.D. Texas · Jun 2, 2022
policy was established with the “requisite official knowledge”—i.e., deliberate - indifference. … Absent final policymaking authority, neither the police chiefs’ alleged decision not to supervise Jeffrey nor their alleged ratification of Jeffrey’s unlawful conduct can qualify as official city policy.
Cited 0 timesUnknownDuPont v. Southern Nat. Bank of Houston, Texas
575 F. Supp. 849 · District Court, S.D. Texas · Sep 27, 1983
After the Trust was established Garner resigned his position at SNB and, at duPont Ill’s request, was appointed a co-trustee. … Roos, the court permitted reformation of a trust after death of the settlor based on a specific finding that the purpose of the settlor of the trust was to avoid the tax consequences which would result if the trust did not qualify
Modified by Eugene Dupont, Iii, Cross v. Southern National Bank of Houston, Texas, Trustee, Cross, 771 F.2d 874 (1985)Cited 10 timesPublishedFowler v. U.S. Bank, National Ass'n
2 F. Supp. 3d 965 · District Court, S.D. Texas · Mar 4, 2014
The Dodd-Frank Act provided that the effective date for § 1639b would be established by the rules implementing the act. … Qualified Written Request, Exhibit I to Original Petition, Docket Entry No. 1-3, p. 18. .
Cited 13 timesPublishedEdinburg United Police Officers Association v. City of Edinburg, Texas
District Court, S.D. Texas · Jul 29, 2020
A federal question exists if there appears on the face of the complaint some substantial, disputed question of federal law.”21 “[A] right or immunity created by the Constitution or laws of the United States must be an element … agreement are not subject to the agreement’s dispute procedure or arbitration.32 Plaintiff next emphasizes the parts of the complaint that allege violation of the agreement, but ignores that the complaint also clearly
Cited 0 timesUnknown610 F. Supp. 138 · District Court, S.D. Texas · May 24, 1985
Rather, the testimony established that defendants believed that their motions to stay the December 1984 Order would be granted so that compliance therewith would not be required at this time. … Additionally, the Court is forced to conclude that defendants clearly failed to undertake all “reasonable and necessary” steps towards compliance, and that none of the reasons advanced by the defendants in support of their
Cited 2 timesPublishedWojcik v. Memorial Hermann Health System
District Court, S.D. Texas · Oct 3, 2019
These are the only portions of the record that Wojcik cites in support of her cat’s paw theory, and they do not establish leverage or influence. … The court need not address these arguments because any claims that Wojcik could make would clearly fail for other reasons.
Cited 0 timesUnknownSilverthorne Seismic, LLC v. Sterling Seismic Services, Ltd.
District Court, S.D. Texas · Oct 25, 2023
As Wilson clearly admitted, he has never licensed data to a standalone seismic processing house. … This Court agrees with Judge Miller’s ruling: Plaintiff is not trying to prove the content of the permits via other evidence, and Defendant has not pointed to any caselaw that says that only permits can be used to establish
Cited 0 timesUnknownDiaz v. Con-Way Truckload, Inc.
279 F.R.D. 412 · District Court, S.D. Texas · Jan 6, 2012
For example, “[a] plaintiff in a negligence action who asserts mental or physical injury, places that mental or physical injury clearly in controversy and provides the defendant with good cause for an examination to determine … Diaz did not dispute that his physical and mental condition are in controversy or that Defendant Con-Way’s proposed independent medical examiners are qualified medical experts in their respective fields. Rather, Mr.
Cited 34 timesPublishedDistrict Court, S.D. Texas · Aug 4, 2020
The 2012 incident clearly qualified as a detention, both when Plaintiff was pulled over and questioned for some time, and certainly when he was taken to a nearby facility and photographed, fingerprinted … and questioned at length about the situation involving his brother-in-law.73 Defendants offer no argument or testimony regarding why the 2012 incident “clearly qualified” as a detention
Cited 0 timesUnknownTechradium, Inc. v. Firstcall Network, Inc.
56 F. Supp. 3d 849 · District Court, S.D. Texas · Sep 29, 2014
“The doctrine of prosecution disclaimer is well established in Supreme Court precedent, precluding patentees from recapturing through claim interpretation specific meanings disclaimed during prosecution.” … Even under TechRadium’s proposed construction of the term “administrator,” the NWS does not qualify, because the NWS does not interact with the administrator interface to begin the process of sending a message to a group
Cited 0 timesPublishedDistrict Court, S.D. Texas · Nov 16, 2020
Under AEDPA, federal habeas relief cannot be granted on legal issues adjudicated on the merits in state court unless the state adjudication was contrary to clearly established federal law as determined by the Supreme Court … , or involved an unreasonable application of clearly established federal law as determined by the Supreme Court.
Cited 0 timesUnknownKinder Morgan Louisiana Pipeline LLC v. Welspun Gujarat Stahl Rohren Ltd.
752 F. Supp. 2d 772 · District Court, S.D. Texas · Nov 5, 2010
Under Supreme Court precedent construing § 1331, defenses, even if they rely exclusively on federal substantive law, do not qualify a case for removal to federal court. … s claims arise under federal law for purposes of establishing jurisdiction under 28 U.S.C. § 1331 .
Cited 1 timesPublishedUnited States v. Zertuche-Tobias
953 F. Supp. 803 · District Court, S.D. Texas · Dec 3, 1996
On the other hand, the Court finds the evidence clearly fails to establish probable cause to stop Carrera or to reach into the car for the vehicle’s identification. 52 *821 The officers articulated objective reasons to suspect … Barrio’s experience, training, and various masters and doctorates clearly rendered him qualified to give an opinion on this matter. See Zertuche Exhibit #41 (Barrio resume). 91 .
Cited 9 timesPublishedSjoberg v. United Airlines, Inc.
District Court, S.D. Texas · Sep 17, 2024
Following clearly established case-law, Exhibit D-9 is not hearsay in this matter. … To succeed on her claim, Plaintiff must first meet the initial burden of establishing a prima facie case.
Cited 0 timesUnknown973 F. Supp. 707 · District Court, S.D. Texas · Dec 23, 1996
The well established law of preemptive rights allows a shareholder to protect his proportionate ownership interest by purchasing additional shares when the company issues them. … The Delaware Supreme Court has refused to establish a particular "reasonable doubt” standard. Grobow, 539 A.2d at 186 .
Disagreed with by Strougo ex rel. Brazilian Equity Fund, Inc. v. Bassini, 282 F.3d 162 (2002)Cited 14 timesPublishedPleasant v. Kansas City Southern Railway Company
District Court, S.D. Texas · Dec 30, 2024
Pleasant was qualified for the open positions he sought. Mr. … Pleasant alleges no facts to support his assertion that he was qualified for any of the jobs that he applied for.
Cited 0 timesUnknownFloyd v. CIBC World Markets, Inc.
426 B.R. 622 · District Court, S.D. Texas · Aug 25, 2009
In sum, the Court concludes that under New York law the prospective release is valid to immunize CIBC from liability arising out of its ordinary negligence. … The Court clearly informed the parties that it would permit Plaintiff to file an amended complaint naming Seven Seas the real party in interest, if appropriate. 15 .
Cited 22 timesPublishedMLCSV10 v. Stateside Enterprises, Inc.
866 F. Supp. 2d 691 · District Court, S.D. Texas · Mar 30, 2012
A dispute about the extent of damage is clearly one for appraisers, not courts. Cf. … In his affidavit, Haden clearly added more areas of disagreement and dispute than the three he testified to in his deposition.
Cited 19 timesPublished
Ask Donna