Case law

MLCSV10 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.

United States v. Armada Petroleum Corp.

562 F. Supp. 43 · District Court, S.D. Texas · Aug 20, 1982

It is possible that respondents may have violated the established procedures, and, hence, this argument is groundless. … Further, Jones gave his opinion in his deposition that he, as an auditor, was not qualified to answer the legal questions raised by Armada in its request for review. He felt those should be left to the court.

DeGraffenreaid

District Court, S.D. Texas · Mar 30, 2026

“To establish a prima facie discrimination claim under the ADA, a plaintiff must prove: (1) that he has a disability, (2) that he was qualified for the job, and (3) that he was subject to an adverse employment decision … First, the plaintiff must establish a prima facie case of discrimination. /d.

SIS, LLC v. Orion Group Holdings, Inc.

District Court, S.D. Texas · Dec 12, 2023

“If the contract’s terms are clear and unambiguous and do not clearly establish a condition precedent, [a court] cannot construe the . contract to create one.” Jd. … The Court finds that Section 3(c) does not clearly establish, as a matter of law, a condition precedent for bringing a warranty claim.

Bates v. Laminack

938 F. Supp. 2d 649 · District Court, S.D. Texas · Apr 1, 2013

“The time-of-filing rule has one well-established exception. … The Fifth Circuit cases establish the parameters for this Court’s analysis.

D2 Excavating, Inc. v. Thompson Thrift Construction, Inc.

District Court, S.D. Texas · Jul 26, 2021

The accrual date and judgment date were established by the prior judgment and were not challenged or altered on appeal. … Thus, D2 qualifies for an award of attorney’s fees under both of the relevant Texas codes.

Brown v. Davis

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

that the state court’s denial of this claim was contrary to, or an unreasonable application of, clearly established federal law. … the state court’s conclusion was contrary to, or an unreasonable application of, clearly established federal law.

Rolling Oaks Mall, LLC

District Court, S.D. Texas · Jun 1, 2023

Counsel responded that Rolling Oaks could obtain a refund under § 505 “because . . . it establishes a right that is specific to the debtor . . . . … The District also argues that it enjoys immunity from suits for declaratory and injunctive relief.

United States v. Juan De La Cruz Morante

375 F. Supp. 3d 707 · District Court, S.D. Texas · Mar 21, 2019

Zinke , --- U.S. ----, 138 S.Ct. 897 , 905, 200 L.Ed.2d 92 (2018). 12 Congress need not "incant magic words in order to speak clearly" about jurisdiction. Sebelius , 568 U.S. at 153 -54 , 133 S.Ct. 817 . … Based on these regulations, Defendant argues that the Pereira decision requires this court to find that because the notice to appear filed in 2011 did not contain time-and-place information, it was defective and does not qualify

Ginther v. Texas Commerce Bank

111 F.R.D. 615 · District Court, S.D. Texas · May 28, 1986

Furthermore, because of Ginther’s past conduct, it is clear that monetary sanctions alone will not ensure that Defendants will be safe from yet another *622 attack, and immune from again incurring unnecessary legal fees in … The Court concludes that Ginther inappropriately joined most of the persons or *628 entities named as Defendants and that Ginther’s dismissal of such Defendants prior to conducting any discovery establishes his bad faith

Bazile v. City of Houston

858 F. Supp. 2d 718 · District Court, S.D. Texas · Feb 6, 2012

At the same time, courts clearly lack expertise in the area of testing validity. … This backwards approach to test validation is clearly inappropriate and invalid .... (Id.). Dr.

Credit Bureau Reports, Inc. v. Retail Credit Co.

358 F. Supp. 780 · District Court, S.D. Texas · Nov 5, 1971

This, when considered with the element of unlawful intent in *795 launching CMS, conclusively establishes a Section 7 violation. … The alleged illegal conduct of petitioner, however, could not legalize the unlawful combination *797 by respondents nor immunize them against liability to those injured.”

Backe v. City of Galveston

2 F. Supp. 3d 988 · District Court, S.D. Texas · Mar 5, 2014

Some, but not all, of the officer defendants sued in this case filed a motion for summary judgment bottomed on qualified immunity. … It is not enough for Plaintiffs to establish that the custom existed, however.

Mott v. Oputa

District Court, S.D. Texas · Nov 19, 2019

The punishment was within established guidelines and no due process errors identified. The elements of the charge were met. Only one issue will be addressed per grievance. … 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.

Chavez v. Dolgencorp of Texas, Inc.

District Court, S.D. Texas · Jul 21, 2023

Whaley is qualified to provide an opinion on whether a condition is consistent with a specific type of injury. … Whaley’s report, even where it is a necessary step in establishing the relevance of his opinion. For example, Dr.

Lopez

District Court, S.D. Texas · Mar 16, 2026

Their sister Angelica received her first immunizations four days later. (Id.). They all also received their second immunization on January 4, 1982, at the same clinic. (Id.). 16. … Unnikrishna was not qualified as an expert witness. (See Dkt.

Acosta v. Beto

297 F. Supp. 89 · District Court, S.D. Texas · Mar 24, 1969

Whether an affidavit is sufficient to establish probable cause has been the subject of several Supreme Court decisions since Mapp v. … An officer for over thirteen years and in the narcotics office for eleven, he was particularly qualified to know the narcotics users and whether their activities were suspicious.

Boutte v. Cenac Towing, Inc.

346 F. Supp. 2d 922 · District Court, S.D. Texas · Nov 16, 2004

Putting aside the Louisiana statute invalidating choice of forum clauses in employment contracts, there is clearly a presumption in general maritime law that forum selection clauses are enforceable. … Defendant argues that Plaintiff has failed to establish delay or prejudice by clear and convincing evidence, and questions whether Plaintiffs injuries are severe enough to qualify as “rare and special circumstances.”

Port of Houston Authority of Harris County Texas v. Louis Dreyfus Company Houston Export Elevator LLC

District Court, S.D. Texas · Aug 17, 2022

“3° to establish damages. … Dreyfus does not clearly object to Question 1 until after a verdict.

Greenwald v. Integrated Energy, Inc.

102 F.R.D. 65 · District Court, S.D. Texas · Apr 4, 1984

Clearly joinder of all plaintiffs would be impractical. Zeidman v. J. Ray McDermott, 651 F.2d 1030 (5th Cir.1981). … Greenwald has demonstrated that he possesses the financial resources to maintain the class action and that his attorney is well qualified (Affidavits of Plaintiff and his attorney).