Case law

Woodard v. Thaler

702 F. Supp. 2d 738 · District Court, S.D. Texas · Mar 25, 2010

To that end, the AEDPA forbids habeas relief on issues “adjudicated on the merits” in state court unless the state decision “was contrary to, or an unreasonable application of, clearly established Federal law” or “was based … Instead, the test is whether the state court’s decision — that [a petitioner] did not make the Strickland-sho'mng— was contrary to, or an unreasonable application of, the standards, provided by the clearly established federal

Gonzales v. Autozoners, LLC

860 F. Supp. 2d 333 · District Court, S.D. Texas · Mar 16, 2012

Plaintiff also does not establish what remedy would be available to him if he proved that the regulation was violated. … his case, and that she then was “[p]resent at and participating in the appeals committee hearing” and was “the person presenting the claim at the appeals committee hearing.” 66 Contrary to Plaintiffs position, the record clearly

Costaglio

District Court, S.D. Texas · May 25, 2026

The Bankruptcy Court did not err, much less clearly err, in determining that the Plan was feasible. … Jowers, 404 F.3d 371, 373 n.6 (5th Cir. 2005) (per curiam) (“Although pro se briefs are to be liberally construed, pro se litigants have no general immunity from the rule that issues and arguments not briefed on appeal

Harland

District Court, S.D. Texas · Jan 6, 2026

Aug. 3, 2010); see Ripley, 67 F.3d at 557 (reversing because “the record d[id] not clearly establish . . . the effect [the claimant’s] condition had on his ability to work”)). … the claimant had a problem with his back, but it did not clearly establish what effect that condition had on his ability to work.

Transocean Offshore Deepwater Drilling, Inc. v. Globalsantafe Corp.

443 F. Supp. 2d 836 · District Court, S.D. Texas · Aug 7, 2006

“Conception is complete only when the idea is so clearly defined in the inventor’s mind that only ordinary skill would be necessary to reduce the invention to practice, without extensive research or experimentation.” … Woodland Trust, 148 F.3d at 1371 . (2) Analysis To establish that Transocean’s asserted claims are invalid because they were anticipated by the ME 5500, GSF must establish that the ME 5500 qualifies as anticipatory prior

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.

Hearn v. Short

327 F. Supp. 33 · District Court, S.D. Texas · Apr 16, 1971

A decision by an equally divided court does not establish a precedent required to be followed under the stare decisis doctrine. … After recognizing that Roth established the single test of "prurient interest", Mr.

United States v. Catholic Health Initiatives

312 F. Supp. 3d 584 · District Court, S.D. Texas · May 16, 2018

More is needed to establish that false or fraudulent claims have been made on the government. … establishes that Defendants faced a real risk of litigation.

Humana, Inc. v. Shrader & Assocs., LLP

584 B.R. 658 · District Court, S.D. Texas · Mar 16, 2018

Plaintiffs' Amended Complaint clearly presents the facts and allegations as related to Shrader's actions and then provides a short and plain statement of the Plaintiffs' entitlement to relief. … (ii) Plaintiffs Have Alleged Facts Capable of Establishing that a "Primary Plan" Failed to Make a Required Payment Shrader argues that Plaintiffs have failed to allege facts capable of establishing that a "primary plan" failed

Karna v. BP Corp. North America, Inc.

11 F. Supp. 3d 809 · District Court, S.D. Texas · Mar 31, 2014

A motion under Rule 59(e) must “clearly establish either a manifest error of law or fact or must present newly discovered evidence.” Ross v. Marshall, 426 F.3d 745, 763 (5th Cir.2005) (quoting Simon v. … Kama’s quantum meruit claim does not require establishing that BP violated the FLSA.

In re: M/V Yochow

District Court, S.D. Texas · Jun 29, 2020

Individual pieces of evidence might not alone establish gross negligence, but the evidence may cumulatively show reckless conduct. … Moreover, is undisputed that POHA qualifies as a marine terminal operator and that POHA made its schedule publicly available.

Tittle v. Enron Corp.

228 F.R.D. 541 · District Court, S.D. Texas · May 24, 2005

Plaintiffs’ counsel are highly experienced and qualified in ERISA class action litigation. … Instead it is enough to say, for present purposes, that the specific relief here requested, affecting only 218 individual accounts out of a much larger plan, is too narrow to qualify.”) 25 V.

Luna v. Nationwide Property & Casualty Insurance

798 F. Supp. 2d 821 · District Court, S.D. Texas · Jun 27, 2011

It is established law that a breach of contract does not, by itself, constitute an unfair or deceptive trade practice under Texas law. Crawford v. Ace Sign, Inc., 917 S.W.2d 12, 14 (Tex.1996). … The Court agrees with Defendant that here the amended complaint’s statement does not qualify as a misrepresentation of material fact pleaded with sufficient particularity to satisfy Rule 9(b). 4 .

In Re Waste Management, Inc. Securities Litigation

128 F. Supp. 2d 401 · District Court, S.D. Texas · May 8, 2000

Moreover, there are too many members to qualify as a “group” and their ability to control is dubious. … After the Court addresses any motions to dismiss, it will establish a docket control schedule if appropriate. 1 .

ASARCO LLC v. Americas Mining Corp.

404 B.R. 150 · District Court, S.D. Texas · Apr 14, 2009

As stated numerous times, the evidence presented at trial clearly established that ASARCO was in such dire financial circumstances that it had to follow one of three plans of action: *173 (1) sell the SPCC stock to AMC or … The Court recognizes now, as it did in its liability opinion, that while qualifying as REV, the amount paid did not represent the fair market value of the SPCC shares involved in the transaction, since the Court found that

Wilson v. City of Mission

District Court, S.D. Texas · Apr 29, 2020

Accordingly, the Court agrees with Defendants that Plaintiff’s claim against Defendant City of Mission is barred by official immunity.139 The Court DENIES Plaintiff’s motion for leave to amend to the extent any proposed … Federal courts are “not merely a repository into which an appellant may ‘dump the burden of argument and research,’ nor is it the obligation of this court to act as an advocate.”162 This Court is entitled to have issues clearly

In Re Dynegy, Inc. ERISA Litigation

309 F. Supp. 2d 861 · District Court, S.D. Texas · Mar 5, 2004

Pegram and other courts recognize that [t]he law does not require employers to establish employee benefit plans. … real property or qualifying employer securities [as defined in § 407(d)(4) and (5) ]. 29 U.S.C. § 1104 (a)(2).

Sacal-Micha v. Longoria

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

A detainee can establish a constitutional violation based on inadequate conditions of his confinement. … Section 702 of the APA waives the Government’s sovereign immunity in certain circumstances.

Villar v. Crowley Maritime Corp.

780 F. Supp. 1467 · District Court, S.D. Texas · Jan 7, 1992

Similarly, the public interest factors clearly favor dismissal. … In the Court’s view, the activities of Plaintiffs’ counsel clearly warrant sanctions.

McClurkin v. Davis

District Court, S.D. Texas · Aug 28, 2020

§ 2254(d)(1) only if the state court decision “was contrary to, or involved an unreasonable application of, clearly established” Supreme Court precedent. See Kittelson v. … To constitute an “unreasonable application” of clearly established federal law, the state court’s determination “must be objectively unreasonable, not merely wrong; even clear error will not suffice.”