Case law

Corrosion Prevention Technologies LLC v. Hatle

District Court, S.D. Texas · Oct 22, 2020

Even though CPT has clearly demonstrated intent to enforce its alleged intellectual property, it has not shown “conduct that can be reasonably inferred as demonstrating intent to enforce a patent.” … any Defendant would have entered a business relationship, and fails to establish any actual damages.”

Halliburton Energy Services, Inc. v. NL Industries

618 F. Supp. 2d 614 · District Court, S.D. Texas · Mar 31, 2009

The Tremont Parties would clearly be prejudiced by reopening the judgment. Halliburton has not shown any basis to do so. X. … conjure up discovery responses which, though made in good faith, are so ineptly researched or lackadaisical that they deny the opposing party a fair trial,’ ” and that " '[a]ccidents-at least avoidable ones-should not be immune

Loeb-Defever v. Strategic Construction, Ltd.

District Court, S.D. Texas · Jul 14, 2022

“To qualify as a judicial admission, the statement must be (1) made in a judicial proceeding; (2) contrary to a fact essential to the theory of recovery; (3) deliberate, clear, and unequivocal; (4) such that giving it conclusive … Padua did not deliberately, clearly, and unequivocally concede in the joint pretrial order that Loeb suffered harm from Padua’s alleged contract breaches.

In re BP P.L.C. Securities Litigation

843 F. Supp. 2d 712 · District Court, S.D. Texas · Feb 13, 2012

BP clearly embraced the first portion of the Baker Report’s mandate. … DOUG SUTTLES: Well it clearly is. Clearly there’s — there’s a difference between one and five. But in terms of our response, it actually doesn’t change.

Mercado

District Court, S.D. Texas · Feb 20, 2026

“To establish a prima facie case of racial discrimination in employment, an employee must demonstrate that (1) he is a member of a protected class, (2) he was qualified for the position at issue, (3) he was the subject … Mercado’s suspension without pay qualifies as an adverse employment action, regardless of the parties’ dispute about constructive discharge.

ExxonMobil Global Services Company v. Bragg Crane Service

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

That clearly was not done here. … Such a statement thus qualifies as a judicial admission, which is forever binding on Bragg. See Martinez v.

Rimkus Consulting Group, Inc. v. Cammarata

255 F.R.D. 417 · District Court, S.D. Texas · Aug 13, 2008

Under Full Faith and Credit, “[a] final judgment in one State, if rendered by a court with adjudicatory authority over the subject matter and persons governed by the judgment, qualifies for recognition throughout the land … “A preliminary injunction is an ‘extraordinary remedy’ and should only be granted if the plaintiffs have clearly carried the burden of persuasion on all four requirements.” Id.; see also Butnaru v.

Lamar Consolidated Independent School District v. T.

District Court, S.D. Texas · Mar 24, 2023

While the Fifth Circuit hasn’t “delineate[d] the precise contours” of this intentional- discrimination standard, it clearly entails showing “something more than ‘deliberate indifference.’” … Fifth Circuit decisions of course recognize that failing to accommodate a disabled person can itself qualify as disability discrimination under Title II and Section 504.

Hernandez Morales v. Varela Sarmiento

District Court, S.D. Texas · Jun 8, 2023

Lawson, witnessing or living with domestic violence can reduce a child’s IQ, inhibit physical growth, and lower their immune system. 59. Children exposed to domestic violence can develop PTSD. … Tenorio, 392 F.3d 1247, 1257 (11th Cir. 2004) (finding mother’s agreement to move was “clearly conditional upon improvements in their marriage, was expressed and in the open, and was well-known”).

Field v. Anadarko Petroleum Corporation

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

the intervenors in Becker, Bock, and Altenhofen, as those intervenors claimed they: (1) were the plaintiffs’ employer; (2) set the plaintiffs’ salaries and duties; (3) determined whether the plaintiffs’ duties and pay qualified … Instead, the court found that “among other common questions of law and fact, Applied Consultants clearly share[d] a defense with [the defendant] that is central to the main case—that [the plaintiff] was properly

United States Ex Rel. Reagon v. East Texas Medical Center Regional Healthcare System

274 F. Supp. 2d 824 · District Court, S.D. Texas · Mar 5, 2003

The precedents in this circuit require a qui tam claimant to “qualify as an ‘original source’ to [overcome] the jurisdictional bar of 31 U.S.C. § 3730 (e).” Fed. Recovery Servs., 72 F.3d at 451. … Clearly, her knowledge of that information is not “independent” of the prior public disclosure.

National Labor Relations Board v. Greyhound Lines, Inc. (In Re Eagle Bus Manufacturing, Inc.)

158 B.R. 421 · District Court, S.D. Texas · May 10, 1993

The Officer further ruled that the employee/claimants were qualified to receive unemployment benefits under the Ohio Unemployment Compensation Acts 3 . … While the Bankruptcy Code and Rules do not set forth specific procedural guidelines for the estimation of claims, the case law within the Fifth Circuit has established that the bankruptcy court has broad discretion to fashion

Smith v. Moody (In Re Moody)

77 B.R. 566 · District Court, S.D. Texas · Aug 11, 1987

The Bankruptcy Court in Kasishke clearly did not hold that the debtors were not entitled to the homestead exemption because the objection had not been ruled on yet when the transfer was made. … Under Texas law, to establish homestead rights, overt acts of homestead usage and intention to claim the land as homestead must be demonstrated. Lifemark Corp. v. Merritt, 655 S.W.2d 310 (Tex.App.

Okwo v. Houston Methodist The Woodlands

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

1681d(a) of the Fair Credit Reporting Act provides: A person may not procure or cause to be prepared an investigative consumer report on any consumer unless-- (1) it is clearly … He alleges that [o]n or about August 22, 2020, I applied for an open position with [Houston Methodist’s] Woodlands location (58534) for which I was qualified.

Hansford v. Commissioner Of Social Security <b><font color="red">Case remanded to the Commissioner of SSA.</font></b>

District Court, S.D. Texas · Sep 17, 2021

The Commissioner argues that the ALJ’s questions to the VE “clearly [were] asking about jobs Plaintiff could perform if she chose to wear a mask.” Dkt. 19-1 at 3. … At most, the VE’s testimony establishes that the number of jobs available would remain the same whether Hansford needed to wear a mask or not.

Doyle v. Allstate Texas LLoyd's

District Court, S.D. Texas · Apr 5, 2023

Federal Rule of Civil Procedure 702 allows witnesses who are qualified as experts by knowledge, skill, experience, training, or education to testify if (a) the expert’s scientific, technical, or other specialized knowledge … Merely referencing Chapters of the Texas Insurance Code is not sufficient to establish a basis for Johnson’s testimony regarding the Texas Insurance Code.

Thier v. Lykes Bros., Inc.

900 F. Supp. 864 · District Court, S.D. Texas · Sep 14, 1995

Thier was regarded on-board the MTV GENEVIEVE LYKES as an excellent cadet and candidate for future employment with Lykes, and Lykes recruited qualified cadets as part of its normal business operations. … Thier can clearly and fairly argue sustained economic damages in the amount of $1,421,430.00.

I.M. by his next friend M.M. v. Houston Independent School District

District Court, S.D. Texas · Nov 19, 2021

I.M. could establish predicates for I.M.’s statements under the residual hearsay exception at trial. See FED. R. … Who qualifies as an ‘appropriate person’ is generally a question of fact.” (citations omitted)); E.M. by J.M. v. Austin Indep. Sch. Dist., No. A–17–CA–387 LY, 2018 WL 627391, at *6–7 (W.D. Tex.

Tovar v. United States

District Court, S.D. Texas · Oct 6, 2025

Plain Language First, Tovar objects to the M&R, arguing that the FTCA’s statutory language establishing the exhaustion requirement clearly anticipates a … resulted in dismissal of all claims on the merits). 7 The claim was ultimately dismissed because the claim fell outside the FTCA’s waiver of sovereign immunity

Hunter v. JP Morgan Chase, N.A.

District Court, S.D. Texas · Apr 30, 2024

Hunters’ response does not clearly address the issues raised in the Defendants’ motion to dismiss. … RESPA obligates a covered loan servicer to respond to a borrower’s qualified written ae (“QWR”). 12 U.S.C. § 2605(e).