Case law

Blackshear v. South Fork CDJR

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

Nov. 30, 2021) (dismissing the plaintiff’s TILA claim because the TILA rescission provisions did not apply to the plaintiff’s “purchase of a Chevrolet Silverado, a vehicle which does not qualify as a ‘principal dwelling … On the contrary, the Contract clearly provides that the automobile can be repossessed if Blackshear is in breach of her contractual obligations.

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.”

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 .

RICHARDSON EX REL. CR v. Barnhart

338 F. Supp. 2d 749 · District Court, S.D. Texas · Mar 25, 2004

Statutory Bases for Determining SSI Childhood Disability Benefits 4 To qualify for SSI, a child must be disabled under the Social Security Act. … Congress has never clearly established the precise purposes of SSI for children. See id. at 90.

Tesco Corp. v. Weatherford International, Inc.

722 F. Supp. 2d 737 · District Court, S.D. Texas · Jan 5, 2010

Raytek Corp., 334 F.3d 1314, 1323 (Fed.Cir.2003) (finding that the doctrine of prosecution disclaimer is well established and precludes patentees from recapturing through claim construction specific meanings disclaimed during … Means-Plus-Function Terms The four phrases discussed in this section are terms that Defendants argue qualify as means-plus-function terms.

Cerda v. Olin Corporation, A Virginia Corporation

District Court, S.D. Texas · Jun 9, 2023

Cerda makes this argument in an attempt to establish disparate treatment, which is one way to establish that Blue Cube’s proffered reasons for terminating Cerda are pretext. … Because Blue Cube concedes the first two elements of a sexual harassment claim; because this harassment was clearly based on sex, given that Cerda, the only other female, was the only employee subject to this teasing;8

Flores v. The City of San Benito, Texas

District Court, S.D. Texas · Sep 24, 2021

Flores clearly deviated from the Court’s order because she did not leave the citation and petition with someone older than sixteen at both addresses. … Counsel’s mistake does not suffice to establish good cause. Thrasher, 709 F.3d at 511. Flores has failed to meet her burden to establish good cause for the failure to timely serve Rebolledo.

Walbey v. Johnson

110 F. Supp. 2d 549 · District Court, S.D. Texas · Aug 22, 2000

On the other hand, when considering questions of law, the Court may grant habeas relief only if the state court’s determination of law is contrary to “clearly established” Supreme Court. precedent. … Petitioner claims that the Texas Court of Criminal Appeals' application of clearly established law was objectively unreasonable, in light of the facts presented in Williams. The Court disagrees.

Turner Industries Group, LLC v. International Union of Operating Engineers, Local 450

8 F. Supp. 3d 896 · District Court, S.D. Texas · May 20, 2014

Since they entered into the contract, TIG has requested that Local 450 refer employees for TIG’s jobs, but Local 450 either refused or was unable to refer enough qualified operators in a timely manner to meet TIG’s needs, … After reviewing the record, the Court finds that TIG is correct and that Local 450 have misrepresented Morain’s testimony, which clearly describes extensive damages incurred by TIG.

United States v. May May

470 F. Supp. 384 · District Court, S.D. Texas · Mar 16, 1979

As noted by the Court in Cadena: The violation of international law, if any, may be redressed by other remedies and does not depend upon the granting of *399 what amounts to an effective immunity from criminal prosecution … Once legitimately aboard, the odor of the marijuana, in addition to the crew’s expressions of ignorance concerning the whereabouts of any ship documents, clearly gave the boarding party probable cause to search.

Levins v. Criterion Supply, Inc.

District Court, S.D. Texas · Oct 22, 2019

The statements cited by Plaintiff do not show clearly on their face that Criterion discriminated against Plaintiff because of her pregnancy. … Additionally, Plaintiff has failed to present evidence that establishes a prima facie case of pregnancy discrimination.

Pengu Swim School, LLC v. Blue Legend, LLC

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

Unregistered trade dress qualifies for protection when a plaintiff establishes the trade dress is both: (1) distinctive, either by showing the trade dress is inherently distinctive or has acquired secondary … Plaintiffs’ trade dress fails to qualify as inherently distinctive.

CFE International LLC v. Guillermo Turrent Schnaas, et al.

District Court, S.D. Texas · Aug 10, 2026

Just as the “first step” approach of Darnell-Taenzer is well-established, “[t]he other part of Justice Holmes’s ‘tendency’—that the indirectly injured party may not sue—is equally well-established.” … However, such discordance does not establish success for either party. Rather, tension of opinion supports the posture of this case.

Bettencourt v. United Airlines Inc

District Court, S.D. Texas · Apr 23, 2021

Leaves of absence required due to occupational injury will be granted upon written verification from a qualified medical doctor. … The Union’s eventual change of position on the merits of the grievance does not, in itself, establish a breach of duty. See Vaca, 386 U.S. at 191.

Walsh v. Seagull Energy Corp.

836 F. Supp. 411 · District Court, S.D. Texas · Nov 8, 1993

ERA Helicopters, Inc., 618 F.Supp. 339, 343 (W.D.La. 1985) (“This [non-removability] rule has been established on the basis of the saving to suitors clause ... ”). … Rather, maritime claims do not qualify for federal question removal simply because they are not claims “arising under” the laws of the United States.

Vera v. Richards

861 F. Supp. 1304 · District Court, S.D. Texas · Sep 2, 1994

Complaint at 2 ¶ l. 5 Candidate qualifying for the March 8, 1994 primary elections in Texas closed on January 3, 1994 and early voting began on February 16. … Those candidates may not represent perfection to every minority voter, but minority voters are not immune from the obligation to pull, haul and trade to find common political ground.” Id.; see also, LULAC v.

Neles-Jamesbury, Inc. v. Bill's Valves

974 F. Supp. 979 · District Court, S.D. Texas · May 30, 1997

“[T]he fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours ex:pended and hourly rates. … Plaintiff’s counsel also met with the Federal Bureau of Investigation, a task clearly not compensable from Defendants. 26 .

Jordan v. Harris County Court

District Court, S.D. Texas · Nov 12, 2024

and dismiss it without service of process if the Court finds that the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune … Apr. 4, 2022) (“[B]ecause Richards’s claims [c]all into question the validity of his state conviction, and because he has not established that this conviction has already been reversed, expunged, or otherwise declared invalid

ODonnell v. Harris County

251 F. Supp. 3d 1052 · District Court, S.D. Texas · Apr 28, 2017

The County Judges argue that they are immune from an injunction in their legislative capacity as well. (Docket Entry No. 166 at 15 n.20). … No. 104-66 at 36-37 (1996) ("[tjhis section restores the doctrine of judicial immunity to the status is occupied prior to the Supreme Court’s decision” in Pulliam v.

Thompson v. Johnson

7 F. Supp. 2d 848 · District Court, S.D. Texas · Apr 3, 1998

time the issue of the defendant’s ineompetency to stand trial is raised, the court may, on its own motion or motion by the defendant, his counsel, or the prosecuting attorney, appoint disinterested experts experienced and qualified … This court, therefore, is bound by the. state courts’ decisions, as they are neither contrary to nor involve an unreasonable application of clearly established federal law as determined by the Supreme Court, nor are they