Case law

La Union del Pueblo Entero v. Federal Emergency Management Agency

141 F. Supp. 3d 681 · District Court, S.D. Texas · Sep 30, 2015

The Supreme Court held, among other things, that “[t]he requirement that, in order to receive general assistance, an Indian must reside directly ‘on’ a reservation is clearly an important substantive policy” which fell within … See Morton, 415 U.S. at 235 , 94 S.Ct. 1055 ; Shell Offshore, Inc., 238 F.3d at 629-30 ; Davidson, 169 F.3d at 999 (“The Handbook provision imposes conditions ... beyond those required by the regulation, thereby 'qualifying

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.

Gardiner v. Davis

District Court, S.D. Texas · Feb 26, 2021

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. … Gardiner does not demonstrate that the state habeas corpus court’s decision to deny relief was contrary to or an objectively unreasonable application of clearly established law.

Jones v. Halliburton Co.

791 F. Supp. 2d 567 · District Court, S.D. Texas · May 24, 2011

The burden of establishing federal jurisdiction rests on the party seeking the federal forum. … “[A]n employer that secures insurance coverage for its employees as required by the DBA is entitled to immunity under the LHWCA.” Colon v. U.S.

Bradley v. Phillips Petroleum Co.

527 F. Supp. 2d 661 · District Court, S.D. Texas · Dec 18, 2007

Kysar, 347 F.2d 734 (7th Cir.1965) (“Clearly, if a complaint as amended is subject to dismissal, leave to amend need not be granted.”). … To do so would clearly have violated the District’s rules and procedures. See Admin. Procedures for ECF Rule 8.

Petri v. Kestrel Oil & Gas Properties, L.P.

878 F. Supp. 2d 744 · District Court, S.D. Texas · Mar 15, 2012

Activities facilitating a well’s performance qualify as construction, renovation or modification under Chapter 95. … clearly and unambiguously sets out such a relationship.

United States ex rel. King v. Solvay S.A.

823 F. Supp. 2d 472 · District Court, S.D. Texas · Oct 12, 2011

These listings clearly support the use of AndroGel for women in certain situations. … If the Government does not proceed with the action and the defendant prevails, the court may award the defendant reasonable attorneys' fees and expenses if it finds "the action was clearly frivolous, clearly vexatious, or

Sacal-Micha v. Longoria

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

Section 702 of the APA waives the Government’s sovereign immunity in certain circumstances. … Some exceptions exist, such as the establishment of a Bivens action. Hearth, Inc., 617 F.2d at 382 (citing Bivens v.

Cancino v. Collier

District Court, S.D. Texas · Feb 3, 2022

As to any portion for which no objection is filed, a district court reviews for clearly erroneous factual findings and conclusions of law. United States v. … Cancino clearly presented his claims to the state habeas court, thus warranting the presumption that the state habeas court made its decision on the merits.

Employers Insurance Co. of Wausau v. Penn-America Insurance Co.

705 F. Supp. 2d 696 · District Court, S.D. Texas · Mar 31, 2010

Where, as here, the underlying lawsuit allegations clearly made the indemnitee potentially liable, the indemnitor cannot preclude its responsibility unless it proves that the indemnitee was independently liable. … The subcontractor and its excess insurer argued that they were not required to indemnify the general contractor because the general contractor was immune from suit under workers’ compensation law.

In Re Enron Corporation Securities

465 F. Supp. 2d 687 · District Court, S.D. Texas · Dec 8, 2006

The panel concluded on policy considerations, "In any event the Texas rule clearly conflicts with the well-established federal practice on class action tolling.... … Bureau of Prisons, 961 F.2d 543, 544 (5th Cir. 1992). [47] The high court did not clearly indicate what must be pled to establish loss causation other than requiring more than a simple allegation of inflated stock price:

In re Key Energy Services, Inc. Securities Litigation

166 F. Supp. 3d 822 · District Court, S.D. Texas · Mar 31, 2016

Mexico has clearly been a drag on this segment.” #37 ¶ 216. … The complaint fails to allege any particularized facts that clearly contradict statements within the certifications.

Mikeska v. City of Galveston

328 F. Supp. 2d 671 · District Court, S.D. Texas · Aug 2, 2004

case, and the Court declines to fashion an argument of its own accord. 2 Finally, the City contends that its interpretation and enforcement of the Open Beaches Act and Dune Protection Act were required by state law and qualify … Plaintiffs clearly satisfy the first prerequisite to an equal protection claim, as they raise a genuine issue of fact on the question whether similarly situated indi- *682 victuals were treated differently.

Harris v. United States Of America <B><font color=red> Do not docket in this case. File only in 4:13cr262-2.</font></B>

District Court, S.D. Texas · Jan 8, 2021

If, however, the plea and waiver were knowing and voluntary, and the waiver clearly covers § 2255 motions, the waiver can be enforced. … Those statements establish clearly 10 P:\ORDERS\11-2019\3615Harris.wpd 210108.0805 that Defendant’s plea was knowing and voluntary

Dante

District Court, S.D. Texas · Oct 22, 2025

Defendant also states that its offer letter to Plaintiff clearly set forth his compensation. (ECF No. 42 at 17). … To establish a prima facie case of race discrimination, the plaintiff must demonstrate that he is: (1) a member of a protected class; (2) qualified for the position; (3) suffered an adverse employment action; and (4) was

Barona

District Court, S.D. Texas · Dec 12, 2025

In this case, the insurance policy between State Farm and the Plaintiff clearly outlines the many exclusions to the policy coverage. (Doc. No. 15-1). … Nevertheless, a plaintiff seeking to establish TPPCA damages must establish that the insurer is contractually obligated to pay some amount under the insurance policy. Schnell, 98 F.4th at 159.

In re the Complaint of ENSCO Offshore Co.

9 F. Supp. 3d 713 · District Court, S.D. Texas · Mar 26, 2014

Clearly the internal operating pressure of 910 psig caused less stress than the earlier internal pressure. … It cannot overcome the principle establishing that the jet sled could not cause the martensitic deposit at the site of the rupture.

D'Costa v. Abacus FoodMart, Inc.

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

Likewise, the Abacus Entities’ failure to follow through by making an appearance, coupled with the Court’s notice of default judgment, clearly establish grounds for default under the third factor. … Such an award is mandatory if the employee establishes a violation of the FLSA. Id.

D'Costa v. Abacus FoodMart, Inc.

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

Likewise, the Abacus Entities’ failure to follow through by making an appearance, coupled with the Court’s notice of default judgment, clearly establish grounds for default under the third factor. … Such an award is mandatory if the employee establishes a violation of the FLSA. Id.

Chapa v. University of Houston at Victoria

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

that it was “unable to conclude that the information obtained establishes violations of the statutes.” (Id.). … A prima facie case for discrimination under Title VII may be established by a showing that the plaintiff “(1) is a member of a protected group; (2) was qualified for the position at issue; (3) suffered some adverse employment