Case law

Willard v. Friendswood ISD

District Court, S.D. Texas · Dec 12, 2019

ADA DISCRIMINATION “To establish a prima facie discrimination claim under the ADA, a plaintiff must provide: (1) that [s]he has a disability; (2) that [s]he was qualified … She also clearly disagreed with any assertion that she had received “too much assistance from other teachers and that parents were concerned.” Id. at 2.

City of College Station v. United States Department of Agriculture

395 F. Supp. 2d 495 · District Court, S.D. Texas · Oct 17, 2005

The program is designed to serve entities that cannot qualify for comparable loans in the private sector. See 7 C.F.R. § 1780.7 (d). … The Court finds that Plaintiff has established all three elements.

In re American Health Studios, Inc.

178 F. Supp. 553 · District Court, S.D. Texas · Nov 17, 1959

This is clearly one of the purposes of Section 67, sub. c. … It is a sound policy and is in accordance with the general principles well established in liquidation proceedings. But Section 67 of the Act does not apply the same limitation with respect to valid liens.

Jag Media Holdings Inc. v. A.G. Edwards & Sons Inc.

387 F. Supp. 2d 691 · District Court, S.D. Texas · Sep 17, 2004

According to Plaintiffs, they have standing to bring these claims under Rule 10b-5 through the April 2002 recapitalization which clearly qualifies as a “purchase or sale” of securities. … Id. at 144-45, 152-53 (Clearly, the Court of Appeals was right to the extent that it held that the two employees had violated Rule 10b — 5).

Leroy v. City of Houston

648 F. Supp. 523 · District Court, S.D. Texas · Aug 1, 1986

Korbel’s professional experience eminently qualified him for the instant cases. … Washington was uniquely qualified to cross-examine Judson Robinson. Mr.

ASARCO LLC v. Americas Mining Corp.

396 B.R. 278 · District Court, S.D. Texas · Aug 30, 2008

The Court finds that the evidence clearly establishes AMC’s substantial assistance in structuring and closing the transaction that constituted the directors’ breach. … There is a clearly established exception that states that a dominant shareholder (parent) owes fiduciary duties to the minority shareholders. See, e.g., Trenwick, 906 A.2d at 192 n. 66; Citron v.

Maldonado v. FirstService Residential, Inc.

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

Section 1985(3) prohibits “conspiracies to deprive a person of equal protection of the laws or of equal privileges and immunities under the laws on the basis of race.” Jackson v. Biedenharn, 429 F. … that they sought and were qualified to receive an available contract; (3) that their contract proposal was rejected or that they received a contract on unfavorable terms; and (4) similarly-situated individuals or entities

Hill v. New Alenco Windows, Ltd.

716 F. Supp. 2d 582 · District Court, S.D. Texas · Jul 17, 2009

To establish an inference of intentional discrimination, a plaintiff must present a prima facie case by showing: (i) she belonged to the protected class (black); (ii) she was otherwise qualified for her position; (iii) she … Here, Mendez’s comments that Plaintiff “was too old to be working” are clearly improper age-based comments.

Maynor v. Dow Chemical Co.

671 F. Supp. 2d 902 · District Court, S.D. Texas · Nov 25, 2009

The plaintiffs did not need those skills or an associate’s degree to qualify for an operator job when they began work. … Corp., 370 F.Supp.2d 504, 507 (M.D.La.2005); see also Barron, 242 F.Supp.2d at 1104 (“[T]he mere fact that violations occurred cannot be enough to establish similarity, as that would not ultimately be sufficient to establish

United States Ex Rel. Gudur v. Deloitte Consulting LLP

512 F. Supp. 2d 920 · District Court, S.D. Texas · Mar 15, 2007

Columbia/HCA Healthcare Corp., 125 F.3d 899, 902 (5th Cir.1997) (“FCA interdicts material misrepresentations made to qualify for government privileges or services”)). 3 *931 To prevail on Count Two by establishing that Deloitte … Relator argues that “[d]espite the mandatory requirement for a ‘time study,’ De-loitte opted for a less accurate ‘survey’ approach, which was clearly in violation of the federally pre-approved methodology.”

Smiley v. Vollert

453 F. Supp. 463 · District Court, S.D. Texas · Jun 16, 1978

GISD exceeded the schedule established in the order of January 23,' 1961. The case then lay dormant for over 14 years. … This conclusion is clearly erroneous.

In Re Securities Litigation BMC Software, Inc.

183 F. Supp. 2d 860 · District Court, S.D. Texas · Oct 1, 2001

Trading on such information qualifies as a ‘deceptive device’ under § 10(b) .... ” O’Hagan, 521 U.S. at 651-52 , 117 S.Ct. 2199 . … Under the fact-intensive test for materiality in securities fraud cases established in Basic, Inc. v.

Mirasoles Produce USA, LLC v. TALYGAP Produce, Inc.

District Court, S.D. Texas · Apr 20, 2022

Whether Default Judgment is Proper As established above, there do not appear to be any lingering issues of material fact or questions as to whether the grounds for default are clearly established … Further, the Court finds that, because Plaintiff asserted causes of action for dissipation of trust assets and breach of fiduciary duty under PACA, whereas Plaintiff is a qualified and perfected PACA trust beneficiary,

Chavez v. Home Depot USA, Inc.

District Court, S.D. Texas · Sep 18, 2023

A mere “reference [to] large bodies of material sources of fact” does not qualify as a summary of facts. Id. Several cases are instructive. … In the context of treating physician designations, courts generally find “little, if any, prejudice” when a party clearly identifies the designated treating physician it plans to use as an expert and does so long before

Quality Tubing, Inc. v. Precision Tube Holdings Corp.

75 F. Supp. 2d 613 · District Court, S.D. Texas · Sep 10, 1999

Under the first interpretation, which Precision Tube advances, the phrase, “within the United States,” qualifies “offer to sell.” … Under the second interpretation, which Quality Tubing advocates, the phrase, “within *615 the United States,” qualifies only the word “offer.”

Dawes v. Imperial Sugar Co.

975 F. Supp. 2d 666 · District Court, S.D. Texas · Sep 27, 2013

If the latter, those rebates were clearly disclosed. … if a ‘complete’ corrective disclosure were required, defendants could immunize themselves with a protracted series of partial disclosures.”

Jones v. Lumpkin

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

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. … He argues that the time for the defendants to file their answer has expired and that he clearly has stated a valid claim.

In re Anadarko Petroleum Corp. Class Action Litigation

957 F. Supp. 2d 806 · District Court, S.D. Texas · Jul 15, 2013

To establish a section 10(b) claim, a private plaintiff must prove that the defendant acted with scienter. Tellabs I, 551 U.S. at 319 , 127 S.Ct. 2499 . … [t]he infrastructure we have is established and we can utilize that, and it shows very clearly our operating capabilities.

Garza v. City of La Porte

160 F. Supp. 3d 986 · District Court, S.D. Texas · Feb 4, 2016

As the party moving for summary-judgment, La Porte has the burden of establishing that Garza’s tractor is not an STAA regulated vehicle. … The qualifier of "reasonable” indicates that the state can impose reasonable limitations, as discussed at length supra. .See Plaintiff's Motion, Docket Entry No. 30, p. 7 ¶¶ 6-7.

Aviles v. Saldivar

District Court, S.D. Texas · Aug 23, 2023

But a written policy or widespread practice isn’t always required to establish an official policy. … And as for the third prong’s requirement of causation, the failure to act must be “clearly connected” to the constitutional injury suffered by the plaintiff.