Case law

In Re Silica Products Liability Litigation

398 F. Supp. 2d 563 · District Court, S.D. Texas · Jun 30, 2005

readers as qualified to classify the x-ray.... … Precisely what the ‘something more’ is was not clearly estab *651 lished in Tapscott and has not been established since.”

Jones

District Court, S.D. Texas · Jan 12, 2026

To establish her prima facie claim for pregnancy discrimination, Jones must establish that: (1) she was a member of the protected class, (2) she was qualified for the position at issue, (3) she suffered an adverse employment … The parties do not dispute the first two elements, that Jones was a member of a protected class and that she was qualified for her position.

T-Mobile US, Inc. v. Aio Wireless LLC

991 F. Supp. 2d 888 · District Court, S.D. Texas · Feb 3, 2014

The items were all clearly bright pink magenta, but the shades varied. … The Pantone system is a tool for identifying colors in a way that is clearly understood.

Baldera v. Davis

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

“A state court’s decision is deemed contrary to clearly established federal law if it reaches a legal conclusion in direct conflict with a prior decision of the Supreme Court or if it reaches a different conclusion than … To constitute an “unreasonable application of” clearly established federal law, a state court’s holding “must be objectively unreasonable, not merely wrong; even clear error will not suffice.” Woods v.

Polaris Engineering, Inc. v. Texas International Terminals, Ltd.

District Court, S.D. Texas · Oct 26, 2023

“It is well-established that a discovery ruling in civil cases . . . is ‘a clearly interlocutory decision[.]’ . . . … When the Keranos court said that “an economic interest alone is not enough” to qualify as “an adverse legal interest,” it meant a legal interest under the Declaratory Judgment Act. Id.

Special Quality Alloys, Inc. v. Coastal Machine & Supply, Inc Case electronically transferred to (Western District of Louisiana).

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

express objection to personal jurisdiction, I am reluctant to conclude that Coastal Marine’s failure to indicate in the Joint Discovery/Case Management Plan that it intended to assert a personal jurisdiction defense qualifies … App’x 346, 347 (5th Cir. 2018) (cleaned up); see also McFadin, 587 F.3d at 760 (“It is clearly established that merely contracting with a resident of the forum state does not establish minimum contacts” (quotation omitted

Printeron Inc. v. Breezyprint Corp.

93 F. Supp. 3d 658 · District Court, S.D. Texas · Mar 19, 2015

Nor did PrinterOn exclusively or clearly rely on infringement theories that it expressly disclaimed during prosecution history. … The MarcTec patentee had clearly disclaimed stents during the patent prosecution, yet asserted that the defendant’s Cypher stent infringed. See id.

Garza v. Houston Methodist Hospital

District Court, S.D. Texas · May 31, 2024

While a court’s inquiry into an individual’s motivation is somewhat restrained, courts have historically found that there are also limits as to what qualifies as a bona fide religious belief. … These courts clearly delved into each articulated belief and decided which beliefs were actually religious in nature and which were not.

Conn v. C.R. Bard, Inc

District Court, S.D. Texas · Oct 13, 2021

A “substantially different product” fails to qualify as a safer alternative design. /d. at 766. … He is clearly unqualified to opine on what constitutes a safer design. Consequently, the Court will not consider this conclusory statement. Conn therefore has no expert evidence on this point.

IT Corp. v. Motco Site Trust Fund

903 F. Supp. 1106 · District Court, S.D. Texas · Dec 13, 1994

The transmittal letter stated that the waste characteristics data was included in the RFP “for information only and will not establish the basis for qualifying bids, quantities, methods, compositions, etc. … The Frulla memorandum does not establish that ITC assumed the risk that the RFP data was false.

Jones v. Francis Drilling Fluids, Ltd.

642 F. Supp. 2d 643 · District Court, S.D. Texas · Jul 29, 2009

The case law establishes that RIG 46 is a vessel. … The court concluded that the radioactive waste products were “clearly” pollutants. Id. at 771.

Schmedeke v. Commissioner Of Social Security

District Court, S.D. Texas · Jun 4, 2020

Under this framework, the claimant bears the burden of proof on the first four steps of the analysis to establish that a disability exists. … If that were a valid conclusion, Schmedeke’s hip condition would not qualify for disability because it is not expected to last longer than a year. 42 U.S.C. § 423(d)(1)(A).

Nutmeg Insurance v. Clear Lake City Water Authority

229 F. Supp. 2d 668 · District Court, S.D. Texas · Jun 10, 2002

Nutmeg insists that as a matter of law both the terms of the three policies and the policies’ exclusions clearly bar coverage for the underlying suit. … Nevertheless Nutmeg's global argument of no coverage for any claim that is "connected with,” "related to,” “interdependent with” or "arising from” an excluded act that existed only because of the excluded act should be qualified

Ditech Financial LLC

District Court, S.D. Texas · May 19, 2020

Washington testified that she became ill and unable to work in 2010, which qualified her for a Home Affordable Modification Agreement (HAMP Modification). Dkt 3-13 at 21. … The plain language of the rule establishes that the record need not have been personally prepared by the witness.

Mylonakis v. The M/T Georgios M.

909 F. Supp. 2d 691 · District Court, S.D. Texas · Dec 4, 2012

Dornier Werke, 343 F.2d 861, 868 (5th Cir.1965) (“We therefor hold that Alabama may, consistent with the due process clause of the Fourteenth Amendment, assert jurisdiction over a non-resident, non-qualifying corporation … Clearly, the local police action, although initiated by them on the island of Kos in Greece, was not entirely independent of the conduct of defendant yacht-owner in keeping hashish in his cabin safe.

Sierra Club v. Froehlke

359 F. Supp. 1289 · District Court, S.D. Texas · Feb 16, 1973

Until the environmental survey is made by qualified personnel and an impact statement prepared and reviewed by all of the local, state, and Federal agencies involved in evaluating the relative need and value of these resources … Similarly, this Court does not find that the suit is barred by the doctrine of sovereign immunity. Environmental Defense Fund, Inc. v. Corps *1336 of Engineers of U.S.

Federal Deposit Insurance v. Hurwitz

384 F. Supp. 2d 1039 · District Court, S.D. Texas · Aug 23, 2005

Immunity. The FDIC says that it enjoys immunity for its discretionary acts and its malicious prosecutions. 549 It is wrong. Perjury and general obstructionism are not discretionary. … It is well established that the court may sanction a party for abuses occurring beyond the courtroom. 584 39. Analysis.

Aviles v. Saldivar

District Court, S.D. Texas · Aug 19, 2024

He argues that the video clearly shows Aviles shooting an unarmed Schenk in the back, and so refusal by Bruegger to discipline Saldivar constitutes intentional and deliberate indiffer- ence. … “Official policy establishes culpability, and can arise in various forms.

Levins v. Criterion Supply, Inc.

District Court, S.D. Texas · Dec 10, 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.

Stocker v. TDCJ Staff

District Court, S.D. Texas · Sep 20, 2024

A claim has no 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.” Davis v. … A claim has no arguable basis in fact if “after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Talib v.