Case law

Pond v. Thaler

District Court, S.D. Texas · Sep 24, 2019

The state court’s decision as to the effective assistance of counsel reasonably applied the law to the facts, consistent with clearly established federal law. … The adjudication of Pond’s claim was not contrary to or an unreasonable application of clearly established Supreme Court precedent.

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.

Arnold v. Barbers Hill Independent School District

District Court, S.D. Texas · Aug 17, 2020

K.B. has clearly shown a substantial likelihood of success on the merits of at least one claim. … has clearly shown a substantial threat of irreparable injury.

In Re Asarco LLC

420 B.R. 314 · District Court, S.D. Texas · Nov 13, 2009

The Section 524(g) Trust will be a “qualified settlement fund” within the meaning of Treasury Regulation § 1.468B-1. … Clearly, this Court is not privy to the inner strategies of either organization.

Jagannathan Mahadevan v. Bikkina

District Court, S.D. Texas · Nov 24, 2025

That testimony is sufficient to establish its admissibility. … At most, the cases he cites support the proposition that academic researchers may have a qualified or partial privilege to report academic misconduct. See Chandok, 632 F.3d at 816.

Kirby v. David

District Court, S.D. Texas · Apr 27, 2022

On June 2, 2021, the Court granted Brouwer’s motion and specifically ordered Kirby to file an Amended Complaint within 30 days that stated, as clearly as possible, his claims against each defendant … The deliberate indifference standard is a subjective inquiry; the plaintiff must establish that the prison officials were actually aware of the risk, yet disregarded it. Jd. at 837, 847.

In Re Franklin Bank Corp. Securities Litigation

782 F. Supp. 2d 364 · District Court, S.D. Texas · Mar 21, 2011

To qualify as “strong” within the meaning of the statute, an inference of scienter must be more than merely plausible or reasonable — it must be cogent and at least as compelling as any opposing inference of non-fraudulent … For example, the FDIC did not clearly identify in the 2006 ROE the risk posed by Franklin’s 1-4 family loan portfolio. The FDIC also did not identify ADC loan administration weaknesses on a timely basis.

Sunrgy, LLC v. Alfaro

District Court, S.D. Texas · Dec 3, 2024

The parties do not dispute that the Covenants are ancillary to an otherwise enforceable agreement, and the Court finds that the evidence clearly demonstrates that they are. … To establish a substantial threat of irreparable injury or harm, the party moving for the preliminary injunction must clearly show a concrete injury or harm resulting from the opposing party’s actions. Texas First.

Dorrion

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

Even assuming the credibility of their recollection in this regard, this doesn’t establish whether the Decedent himself received notice. … The merits of his other arguments so clearly favor him, he says, that reopening the bankruptcy case was futile. Dkt 8 at 34.

Favero v. Huntsville Independent School District

939 F. Supp. 1281 · District Court, S.D. Texas · Aug 9, 1996

(Docket Entry No. 12, p. 21). *1291 The material facts as to the number and identities of individual qualified and available to drive during plaintiffs’ requested absence are undisputed. … Huntsville ISD did not attempt to establish a religion or to give preference to any religion by terminating plaintiffs.

Watson v. Moore

District Court, S.D. Texas · Jan 31, 2023

the case and dismiss the complaint at any time if it determines that the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … 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.

Barnes

District Court, S.D. Texas · Jun 11, 2026

To establish a claim under § 1983, a plaintiff must: “(1) allege a violation of a right secured by the Constitution or laws of the United States and (2) demonstrate that the alleged deprivation was committed by a person … “[A] complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Id.

Lloreda v. Dolgencorp Of Texas,Inc

District Court, S.D. Texas · Jan 24, 2022

Ricks does not meet the standards for expert testimony established by Rule 702 and the Supreme Court’s landmark decision in Daubert v. … Tex. 2021) (“[T]he Texas Supreme Court has clearly stated that § 18.001 is a procedural rule, not a substantive provision of law.”); Baird v.

Corrosion Prevention Technologies LLC v. Hatle

District Court, S.D. Texas · Mar 1, 2022

No. 56-1 at 39), and thus is clearly within the zone of interests of the Lanham Act on the facts presented. … Whether an application qualifies as a CIP application is a question of fact. Id. at 1303.

U.S. Env't, L.P. v. Am. Int'l Specialty Lines Ins. Co.

388 F. Supp. 3d 807 · District Court, S.D. Texas · Jul 7, 2017

On the current record, the USOR Group has alleged claims against Plaintiffs that are not clearly excluded by the Auto Exclusion, Exclusion g. b. … place at a job site where you or your subcontractors are working; and (b) Such job site was never at any time owned or occupied by, or rented or loaned to any insured, other than an insured which is an additional insured or qualifies

Transocean U.S. Savings Plan v. Thure

District Court, S.D. Texas · Jul 5, 2022

equitable lien” provides “restitution in equity” when it “involve[s] enforcement of a ‘constructive trust or an equitable lien, where money or property identified as belonging in good conscience to the plaintiff [can] clearly … Transocean has the burden of establishing that the estate remained in possession of the plan benefits.

Berg v. Symons

393 F. Supp. 2d 525 · District Court, S.D. Texas · Sep 30, 2005

“[I]t is now clearly established, both as a matter of congressional intent and judicial construction, that the originality necessary to support a copyright merely calls for independent creation, not novelty. … To satisfy the first prong and show that the trade dress qualifies for protection, the plaintiff must show that the elements of trade dress are not “functional.” Sno-Wizard Mfg., 791 F.2d at 426 .

State of Texas v. United States Environmental Protection Agency

District Court, S.D. Texas · Mar 19, 2023

Riverside Bayview Homes, Inc., 474 U.S. 121 (1985), the Court held that a wetland directly abutting a traditionally navigable creek qualified as “waters of the United States.” Rapanos v. … The Agencies’ construction of the significant-nexus test ebbs beyond the already uncertain10 boundaries Justice Kennedy established for it.

In re Lease Oil Antitrust Litigation

186 F.R.D. 403 · District Court, S.D. Texas · May 10, 1999

Finally, counsel for plaintiffs in other settling actions are well-qualified for managing complex antitrust litigation. … Clearly, this aspect of the Exxon Settlement is adequate for the same reasons that the Global Settlement is adequate.

Trinseo, S.A. v. Harper

District Court, S.D. Texas · Nov 30, 2023

Thus, mere “ipse dixit” is clearly not admissible. Trinseo, however, objects to this characterization. … He is not qualified to opine as to PC technology or about the relative advantages or disadvantages of a certain PC process.