Case law
Opinions from 1658 to today.
2,190 results
1.13s
District Court, S.D. Texas · Dec 4, 2020
The remainder of the list, however, clearly contemplates the enforcement of a money judgment, which is an exception to the exception. This the Commonwealth is not allowed to do. … The Court of Appeals held “that the district court established a payment plan, imposed prejudgment interest, and elevated EEOC to the status of a favored creditor with 100% payment.” 913 F.2d at 526.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Aug 17, 2022
“3° to establish damages. … Dreyfus does not clearly object to Question 1 until after a verdict.
Cited 0 timesUnknownState of Texas v. United States of America
District Court, S.D. Texas · Sep 13, 2023
While this limited remand does not prohibit the Court from proceeding on the currently filed motions, it clearly does not permit the parties to relitigate previously established issues. … That hardly qualifies as temporary.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Aug 6, 2020
If a prisoner qualifies for leave to proceed in forma pauperis, the $50.00 administrative fee is waived, but he must still pay the $350 filing fee by installment from his inmate trust fund account. … Though Rice has requested leave to proceed without prepayment of the filing fee, he has not provided the documentation required for purposes of establishing indigence by the PLRA.
Cited 0 timesUnknownPerkins v. Starbucks Corporation
District Court, S.D. Texas · Nov 17, 2022
This includes the basic requirement that the facts plausibly establish each required element for each legal claim. … To begin with, the Fifth Circuit has noted that “the actual scope of the EEOC’s investigation . . . is clearly pertinent to an exhaustion inquiry[,]” McClain v.
Cited 0 timesUnknownLyle v. The United States Of America Do not docket in this case. File only in 4:02-cr-616.
District Court, S.D. Texas · Dec 9, 2020
He also contended that the version of § 924(c)(1)(C) that applied at the time of his offense was unconstitutionally vague because it did not clearly define what constitutes a “second or subsequent conviction … certified as provided in section 2244 by a panel of the appropriate court of appeals to contain— (1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish
Cited 0 timesUnknownDistrict Court, S.D. Texas · Jan 6, 2026
However, there is no evidence in the file of attempts to establish care through indigent care programs or that he did not qualify for services through these programs.” (Dkt. No. 4-2 at 44). … Although the record contains an email from Plaintiff alleging he does not qualify for indigent services, this assertion is unsupported by the record. (Dkt.
Cited 0 timesUnknownThe Official Committee of Unsecured Creditors
District Court, S.D. Texas · May 31, 2022
“A finding of fact is clearly erroneous when, although there is evidence to support it, the reviewing court is left with the definite and firm conviction that a mistake has been committed.” In re Acis Cap. … Morgner testified that the stalking-horse agreement was valuable because it “established a floor” and required JMB Capital to “overbid” by at least $500,000. (App’x 788, 800, 850 (“[I]t did establish a floor.
Cited 0 timesUnknownUnited States v. 4.620 ACRES OF LAND, MORE OR LESS
District Court, S.D. Texas · Dec 20, 2021
Wise, therefore fails to establish a before value for the before-and-after analysis. … Although the Court agrees that “[t]he condemnation statutes do not waive sovereign immunity for property owners to institute counterclaims or suits seeking damages for takings beyond the scope of the Government's
Cited 0 timesUnknown285 F. Supp. 2d 883 · District Court, S.D. Texas · Mar 3, 2003
The ascites were diminished but clearly present. Dr. … The claimant has the burden of establishing the first four steps of the five-step sequential process by establishing a severe impairment which prevents the claimant from performing past relevant work.
Cited 0 timesPublishedComplaint of Geophysical Service, Inc.
590 F. Supp. 1346 · District Court, S.D. Texas · May 8, 1984
As the Bethlehem Steel court recognized “under these circumstances, the limitation would attach to and specifically qualify the right created by the Canadian Shipping Act” and the substantive law of Canada would be applied … Or *1361 dinarily, there is a strong presumption in favor of the claimants’ choice of forum, one which is overcome only when the private and public interest factors clearly point toward trial in the alternative forum.
Cited 5 timesPublished853 F. Supp. 2d 623 · District Court, S.D. Texas · Feb 15, 2012
clearly prohibits. … The Court dismissed Plaintiffs' claims for injunctive relief against the Magistrates as barred by judicial immunity. (Doc. 50). .
Cited 9 timesPublishedDistrict Court, S.D. Texas · Dec 3, 2019
Under Texas law,' “[t]he general rule has long been that expert testimony is necessary to establish causation as to medical conditions outside the common knowledge and experience of jurors.” Guevara vy. … Non-expert testimony “is adequate to prove causation in those cases in which general experience and common ' Under the FTCA, the United States grants a limited waiver of sovereign immunity. 28 U.S.C. § 2674.
Cited 0 timesUnknown8 F. Supp. 2d 622 · District Court, S.D. Texas · Jun 1, 1998
Sabino claims that the BIA departed from established policy by incorrectly applying its decision in In re Buscemi, 19 I. & N. … strips of LSD-laced paper to Japan, with the intent to use them personally rather than sell them. 46 The court need not decide whether Sabi-no’s offense constitutes an aggravated felony for drug trafficking or otherwise qualifies
Cited 12 timesPublishedRodriguez v. Countrywide Home Loans, Inc.
421 B.R. 341 · District Court, S.D. Texas · Dec 3, 2009
This could not have been the intent of Congress in establishing § 157(d). See id. … Countrywide asserts this is clearly a non-core, state law claim.
Cited 8 timesPublishedNieddu v. Lifetime Fitness, Inc.
38 F. Supp. 3d 849 · District Court, S.D. Texas · Aug 12, 2014
if the employee fails to follow the established *864 process.”) … the established process.
Cited 3 timesPublished917 F. Supp. 493 · District Court, S.D. Texas · Dec 8, 1995
There is no credible evidence to establish this. Most obvious is that the length of delay attenuated and made unlikely any causation link. … Rose's deposition, the context clearly indicates that the "disagree” in the transcript should be "agree." 9 . Barrett based his entire damage claim on Karl M.
Cited 10 timesPublishedDistrict Court, S.D. Texas · May 26, 2022
Mitchell has made a prima facie showing that he was qualified for the job. 3. … In the context of a failure to hire claim, a plaintiff can demonstrate pretext by showing that either (1) the candidate “was clearly better qualified (as opposed to merely better or as qualified) than the employees who
Cited 0 timesUnknownKhan v. American International Group, Inc.
654 F. Supp. 2d 617 · District Court, S.D. Texas · Sep 8, 2009
. *625 The Fifth Circuit has held it to be an abuse of discretion not to grant a Rule 56(f) motion if the discovery opportunity has clearly been inadequate. See Xerox Corp. v. … But it was not the breach of fiduciary duty that established the entitlement to benefits. The plan terms were the basis of the benefit award.
Cited 10 timesPublishedDistrict Court, S.D. Texas · Sep 15, 2021
Plaintiff generally complains he was denied proper treatment by Defendants’ refusal to allow Plaintiff to be seen by various medical professionals including a urologist and a qualified dentist. … “Even proof of gross negligence does not establish deliberate indifference.” Levine v. Taylor, No. 3:12- CV-186, 2017 WL 1215426, at *7 (S.D. Tex. Mar. 31, 2017) (citing Whitley v.
Cited 0 timesUnknown
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