Case law

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).

VANDERBILT MORTG. AND FINANCE, INC. v. Flores

789 F. Supp. 2d 750 · District Court, S.D. Texas · Apr 27, 2011

As the Court explained on summary judgment, the Trevinos qualify as “debtors” and “obligors” under Section 12.003 because they were obligated under the Deed of Trust (DOT) and the Builder’s and Mechanic’s Lien (“BML”) to … In any case, the evidence on summary judgment, as well as the evidence adduced at trial, clearly demonstrated that the liens were actually imposed on the Trevinos’ property.

Felan v. Davis

District Court, S.D. Texas · Sep 25, 2019

The state court’s decision to deny relief was not contrary to clearly established federal law as determined by the Supreme Court of the United States. … The state court’s decision to deny relief was not contrary to clearly established federal law as determined by the Supreme Court of the United States. 28 U.S.C. § 2254(d)(1).

Tjontveit v. Den Norske Bank ASA

997 F. Supp. 799 · District Court, S.D. Texas · Mar 2, 1998

additional evidence furnished in connection with the parties’ submissions on the forum non conveniens issue, if this case were to remain in this forum, the court would deem it necessary to revisit the Foreign Sovereign Immunities … Norwegian courts are clearly more able to locate, interpret, and apply Norwegian law to this action than is this court.

Mayo v. Hartford Life Insurance

220 F. Supp. 2d 714 · District Court, S.D. Texas · Aug 7, 2002

Standard for ERISA Preemption To determine whether a particular plan qualifies as an ERISA plan, the Fifth Circuit asks whether the plan “(1) exists; (2) falls within the safe harbor exclusion established by the Department … The Lee and Cefalu cases are clearly distinguishable from the matters at bar.

Jefferson v. Barnhart

356 F. Supp. 2d 663 · District Court, S.D. Texas · Mar 12, 2004

Jefferson argues that the record clearly demonstrates that R.J. has a marked impairment in the area of functioning. … Congress has never clearly established the precise purposes of SSI for children. See id. at 90.

George v. Abbott

District Court, S.D. Texas · Oct 10, 2024

The Fifth Circuit has repeatedly cautioned that injunctive relief “is an extraordinary remedy which should not be granted unless the party seeking it has clearly carried the burden of persuasion … When evaluating a policy under intermediate scrutiny, the court must first determine whether the government’s stated goals qualify as important or substantial. Miss. Univ. for Women v.

Gonzalez v. Harlingen Consolidated Independent School District

96 F. Supp. 3d 653 · District Court, S.D. Texas · Mar 7, 2015

That holding flows from the general rule that “ ‘the employer must unequivocally indicate a definite intent to be bound not to terminate the employee except under clearly specified circumstances’ for the at-will relationship … This test, first established in Monell v. New York City Dep't of Soc.

Hous. Bluebonnet, L.L.C. v. JPMorgan Chase Bank (In re Hous. Bluebonnet, L.L.C.)

586 B.R. 837 · District Court, S.D. Texas · Jun 14, 2018

A bankruptcy court abuses its discretion when "its ruling is based on an erroneous review of the law or on a clearly erroneous assessment of the evidence." Leonard v. … Houston Bluebonnet's equitable considerations, which, as stated below, are significant." 68 Appellant argues that equities the Bankruptcy Court failed to consider include the fact that the Appellees are represented by well-qualified

De La Garza v. Lumpkin

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

The Fifth Circuit holds that a state-court decision is contrary to clearly established federal law “if it reaches a legal conclusion in direct conflict with a prior decision of the Supreme Court … If you qualify for that right, an attorney will be appointed to represent you.

Clark v. Federal Deposit Insurance

849 F. Supp. 2d 736 · District Court, S.D. Texas · Jul 6, 2011

for “any amounts in the nature of penalties or fines, including those arising from the failure to pay any real property, personal property, probate, or recording tax or any recoding or filing fees when due”), the “FDIC is immune … FDIC clearly knew of the existence of the Clarks’ claim when it mailed the Claims Notice to Daniel Clark’s attorney on January 22, 2009.

Preston Exploration Co. v. Chesapeake Energy Corp.

716 F. Supp. 2d 656 · District Court, S.D. Texas · Jun 11, 2010

The Court acknowledges that its policy reasoning is immune from neither scrutiny nor dissent. … "A partial summary judgment order in accordance with Rule 56(d) is not a final judgment but is merely a pre-trial adjudication that certain issues are established for trial of the case.

Carter v. Telectron, Inc.

452 F. Supp. 944 · District Court, S.D. Texas · Dec 16, 1977

wrongs redressed without the ordinary burdens of litigation, at the same time intended to safeguard members of the public against an abuse of the privilege by evil-minded persons who might avail themselves of the shield of immunity … Clearly, this case is one involving such circumstances.

Williams v. KS Management Services, LLC

District Court, S.D. Texas · May 26, 2020

An employment transfer may qualify as an “adverse employment action” if the change makes the job “objectively worse.” Hunt v. … “If the employee establishes a prima facie case, the burden shifts to the employer to state a legitimate, non-retaliatory reason for its decision.

Energy XXI, Gom, LLC v. New Tech Engineering, L.P.

787 F. Supp. 2d 590 · District Court, S.D. Texas · Apr 15, 2011

The contract simply “must clearly express such a purpose.” Id. … The Corbitt contract and facts are clearly distinguishable from the instant case.

Newby v. Enron Corp.

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. ... … 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: "We need not, and do not, consider other proximate cause or

Board of Regents of the University of Houston System ex rel. University of Houston System v. Houston College of Law, Inc.

214 F. Supp. 3d 573 · District Court, S.D. Texas · Oct 14, 2016

The Court finds that the digits of confusion weigh heavily in favor of finding a likelihood of confusion, and that UH has therefore clearly carried its burden of establishing a substantial likelihood of success that it will … ride on the goodwill’ of the established mark.”)

Welch v. State Farm Lloyds

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

Similarly bogus is State Farm’s third objection—that Angst fails to establish what methods he used to reach his conclusions. … Having established that Angst may testify as an expert, I turn to State Farm’s Motion for Summary Judgment.

Marbley v. Teamster Local 988

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

Rather, the court in Schware held that a State could not deprive an individual from due process in seeking the opportunity to qualify for the practice of law within that state. Schware, 353 U.S. 232 at 247. … Finally, the Defendants’ lawyers and their respective law firms are clearly not state entities. Accordingly, Plaintiff has failed to allege an action by a state actor in his Second Amended Complaint.