Case law

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.

Mariner Energy, Inc. v. Devon Energy Production Co.

690 F. Supp. 2d 558 · District Court, S.D. Texas · Feb 11, 2010

obligations where the language of the written document clearly expresses the intent of the parties.”). … These objections, numbered 19-23, all relate to a series of questions by Devon's counsel about what part of the $200 million spent on El 333 A qualified as "Abandonment Expenses.”

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

Ramos v. Exxizz Foods, Inc.

District Court, S.D. Texas · Oct 6, 2020

The Fifth Circuit employs the economic reality test to determine whether an individual qualifies as an employer under the FLSA. Gray v. Powers, 673 F.3d 352, 354 (5th Cir. 2012). … As stated above, to establish an individual’s status as an employer under the FLSA, the Fifth Circuit employs the economic reality test.1 Gray, 673 F.3d at 354.

Balderas

District Court, S.D. Texas · Mar 17, 2026

established” Supreme Court precedent. … 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.”

Wellogix, Inc. v. Accenture, LLP

823 F. Supp. 2d 555 · District Court, S.D. Texas · Oct 14, 2011

To establish a theft of trade secrets claim under the TTLA, a plaintiff must establish that, without its consent, the defendant knowingly stole its trade secret, made a copy of its trade secret, or communicated or transmitted … The fourth factor does not clearly favor either party.

Gunter

District Court, S.D. Texas · Apr 21, 2026

Because Gunter has not 4 Gunter does not clearly identify whether he is bringing claims for discrimination and retaliation under Title VII and the ADA, or just claims for retaliation. … “When a plaintiff presents indirect evidence of unlawful retaliation under the ADA, we apply the burden- shifting framework established in McDonnell Douglas Corp. v. Green.” Id. at 304.

Maldonado v. FirstService Residential, Inc.

District Court, S.D. Texas · Mar 15, 2021

The deed restrictions are clearly mentioned in the Maldonados’ deed and chain of title. The arbitration clause, however, applies only to claims for damages, not injunctive relief. … Filing a motion to dismiss does not always qualify as substantial invocation.

In Re Bp, Plc Securities Litigation

758 F. Supp. 2d 428 · District Court, S.D. Texas · Dec 28, 2010

To qualify as presumptive lead plaintiffs, a plaintiff or group of plaintiffs must also satisfy the requirements of Rule 23 — in particular, “the claims or defenses of the representative parties are typical of the claims … Furthermore, contrary to those courts that have held that co-lead plaintiffs and subclasses should be avoided, the PSLRA clearly envisions the appointment of multiple lead plaintiffs in some cases. 15 U.S.C. § 78u-4(a)(3)

Alberti v. Klevenhagen

660 F. Supp. 605 · District Court, S.D. Texas · Apr 28, 1987

In lieu of the Office of the Ombudsman, the Court hereby appoints three well qualified jail experts—a Special Fact Finding Master and two Monitor-Assessors (one with expertise in medical areas and the other with expertise … The reports, findings, recommendations, or conclusions resulting from such hearings shall be presumed to be correct and such findings shall not be set aside unless clearly erroneous.

Patino v. City of Pasadena

230 F. Supp. 3d 667 · District Court, S.D. Texas · Jan 6, 2017

Rives are qualified to testify on demography; and that Dr. Tijerina is qualified to testify on Texas history and the historical experience of Latinos in Texas. C. … Other facts establish circumstances evidencing discriminatory intent.

Altech Controls Corp. v. E.I.L. Instruments, Inc.

71 F. Supp. 2d 661 · District Court, S.D. Texas · Sep 9, 1999

He also stated clearly in response to a question, "I kept Altech informed always of my sales efforts.” Vol. 4 at p. 739. 20 . … The testimony of Bendikson and Moskow-itz clearly does not support Plaintiff's characterization of it. 26 .

Topstone Communications, Inc. v. Xu

District Court, S.D. Texas · Apr 8, 2024

Va. 2002) (explaining that “unless it can be clearly discerned that the information in question constitutes a trade secret, the Court cannot dismiss alternative theories of relief as preempted by the VUTSA”). … The court noted that neither party had established that the information at issue in the case was a trade secret, and, as such, “the court [could not] say whether any of Plaintiffs’ non-TUTSA claims [were] preempted.”

Watson v. Emmitt

District Court, S.D. Texas · Sep 3, 2021

As previously noted, it is clearly established that an incorrect diagnosis by prison medical personnel doesn’t suffice to state a claim for deliberate indifference. … Corporations can qualify as state actors under Section 1983 in certain circumstances.

Miles v. Boston Scientific Corporation

District Court, S.D. Texas · Jul 9, 2020

Although defenses, such as statute of limitations, are generally not an appropriate basis for a Rule 12(b)(6) motion, “certain affirmative defenses that clearly appear on the face of the plaintiff’s complaint may properly … Evidence of extensive media coverage can qualify as “sufficient facts” to cause a reasonably prudent person to make further inquiry. Winters v. Diamond Shamrock Chem. Co., 149 F.3d 387, 404 (5th Cir. 1998).

Amazing Spaces, Inc. v. Metro Mini Storage

665 F. Supp. 2d 727 · District Court, S.D. Texas · Sep 28, 2009

To prove trademark infringement under 15 U.S.C. § 1125 (a), a court must first determine if the mark qualifies for protection. Sno-Wizard Mfg., Inc. v. Eisemann Prods. Co., 791 F.2d 423, 425 (5th Cir.1986). … The Fifth Circuit affirmed, holding that this determination was not clearly erroneous. Id. By contrast, the Fifth Circuit found insufficient evidence of secondary meaning in Sunbeam Products, 123 F.3d at 254 .

Gaytan v. Collier

District Court, S.D. Texas · Mar 29, 2021

established federal law. … established federal law.

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

8 F. Supp. 3d 875 · District Court, S.D. Texas · Mar 27, 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, … Should the Court decide that there was a valid, enforceable contract that applied to one or more jobs at some time in the past, this action still fails because the alleged contract was clearly and unequivocally repudiated

In re Plains All American Pipeline, L.P. Securities Litigation

245 F. Supp. 3d 870 · District Court, S.D. Texas · Mar 29, 2017

The emergence of significant problems on Lines 901 and 903 does not establish that those statements were false or misleading when made. … Even if the court accepted the plaintiffs’ class standing approach, the claims, at issue in this case would not qualify.

Ruiz v. McCotter

661 F. Supp. 112 · District Court, S.D. Texas · Dec 31, 1986

TDC declares that the absence of a specific provision in the Crowding Stipulation prohibiting the single-celling of assaultive and vulnerable prisoners in administrative segregation cells immunizes it from condign penalties … The testimony of various witnesses illustrates this point all too clearly.