Case law
Opinions from 1658 to today.
2,190 results
0.74s
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.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Sep 30, 2020
§ 2254(d)(1) only if the state-court decision “was contrary to, or involved an unreasonable application of, clearly established” Supreme Court precedent. See Kittelson v. … To establish his actual innocence, [Stepherson] requested of the court to display his clearly identifiable tattoos, prominently displayed on both arms, from wrist to elbow, for the [j]ury’s determination. . . .
Cited 0 timesUnknown191 F. Supp. 2d 837 · District Court, S.D. Texas · Dec 28, 2001
The plan documents establish the procedure to be followed. … In sum, Plaintiffs contend that the facts here “clearly establish that specific proposals were being discussed for purposes of implementation in May and June 1998” and that they have *848 met the first two prongs of the McCall
Cited 1 timesPublished251 F. Supp. 484 · District Court, S.D. Texas · Jan 5, 1966
But the Court, hastening to add that it did not consider Wesberry "wholly inapposite," noted that "[n]evertheless, Wesberry clearly established that the fundamental principle of representative government in this country is … To make it crystal clear we hold, as a matter of fact, that no regional discrimination has been established.
Cited 23 timesPublishedVazquez v. Wal-Mart Stores Texas, LLC
District Court, S.D. Texas · Jun 24, 2025
Accordingly, courts serve an important gatekeeping role when assessing proffered expert testimony, striving to admit qualified, reliable, and relevant opinions but exclude unreliable and misleading “junk science.” … Next, Plaintiff argues that the video clearly shows her tripping on the overlapping and wrinkled mats. In response, Walmart argues that the video does not actually support Plaintiff’s allegations.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Jul 15, 2025
Regardless of objection, a district court reviews the M&R for clearly erroneous factual findings and conclusions of law. United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam). … Accordingly, Plaintiff was a “qualified voter” under the Texas Election Code (Tex. Elec. Code Ann. § 11.01) and not excluded from voting by the Texas Constitution (Tex. Const., art. VI, § 1 (a)(3)).
Cited 0 timesUnknownMayo v. Hartford Life Insurance
193 F. Supp. 2d 927 · District Court, S.D. Texas · Mar 5, 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.
Cited 5 timesPublishedDistrict Court, S.D. Texas · Aug 4, 2026
Neither Texas courts nor federal courts applying Texas law have clearly delineated what constitutes an “independent” injury. … Plaintiffs’ breach of contract theory clearly attempts to bypass the holding of Ortiz and its progeny.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Mar 31, 2023
Rudolph’s evidence as it relates to establishing the severity of Plaintiff’s impairments. See ECF No. 23 at 18. … “The introductory paragraphs of Section 1.00 listings clearly state that a claimant is required to prove a loss of function as a result of a musculoskeletal impairment by demonstrating either an ‘inability to ambulate
Cited 0 timesUnknown398 F. Supp. 507 · District Court, S.D. Texas · Jul 16, 1975
The defendant has earned a living by dealing in securities or operating various business establishments. … Day testified that during this conference the defendant was attentive and answered questions very clearly. (Trial Transcript at 540.)
Cited 16 timesPublished378 F. Supp. 845 · District Court, S.D. Texas · Jun 6, 1974
No standards were established or relayed to the controller to assist him in making any judgment regarding wake turbulence. … His academic and extracurricular career has been reviewed in considerable detail during the trial and the evidence shows clearly that he was a person of noteworthy achievements.
Cited 8 timesPublishedDistrict Court, S.D. Texas · Nov 2, 2023
In this instance, sufficient facts have been plead that there was not sufficient evidence to result in the immediate arrest of Plaintiff when the purported victim, a law enforcement officer, clearly … leads to the deprivation of Plaintiff’s rights within the meaning of § 1983,” ECF No. 41 ¶ 45; (2) “allowing and encouraging officers to believe and act as if they are not subject to the same laws and are absolutely immune
Cited 0 timesUnknownCentral Mutual Insurance Company v. Davis
District Court, S.D. Texas · Dec 17, 2021
Central argues that the Policy clearly states that only property related to Past Times is fully covered, (Dkt. … In fact, the factual allegations from both Parties establish that Central agreed to pay $86,000.
Cited 0 timesUnknownAlliantgroup, L.P. v. Feingold
803 F. Supp. 2d 610 · District Court, S.D. Texas · Mar 24, 2011
That said, Margolin clearly isn’t going to work with Alliant going forward, regardless of potential involvement of KLR or not. … To decide whether the information qualifies as a trade secret we must consult the six factors listed above.”); SP Midtown, Ltd. v. Urban Storage, L.P., No. 14-07-00717-CV, 2008 WL 1991747 , at *5 n. 5 (Tex.App.
Cited 16 timesPublishedDistrict Court, S.D. Texas · Dec 17, 2021
Central argues that the Policy clearly states that only property related to Past Times is fully covered, (Dkt. … In fact, the factual allegations from both Parties establish that Central agreed to pay $86,000.
Cited 0 timesUnknownCity of Warwick Retirement System v. Concho Resources Inc.
District Court, S.D. Texas · Apr 7, 2025
The fact that these projects were not as established as previously conveyed allegedly became en after the close of trading on July 31, 2019. … Here, the error is clearly harmless since her opinions were based solely on analyst reports; thus, the news reports play no role in her ultimate opinions.
Cited 0 timesUnknownGranger v. Davis-Director TDCJ-CID
District Court, S.D. Texas · Feb 3, 2021
He also fails to establish diligence in the pursuit of his rights. … The Court finds that Craig’s affidavit isn’t new evidence as it was clearly and substantially available at the time of trial. As to whether the affidavit constitutes reliable evidence.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Mar 29, 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.
Cited 0 timesUnknownEvanston Insurance v. Lapolla Industries, Inc.
93 F. Supp. 3d 606 · District Court, S.D. Texas · Feb 23, 2015
Ltd., 566 F.3d 452, 457 (5th Cir.2009) (finding that the pollution exclusion’s “requisite movement clearly occurred because the carbon monoxide at issue accumulated only after being discharged from [the underlying plaintiffs … But the question in Union Pacific was whether disposal qualified as an “occurrence” under the policy, not whether the allegations triggered the - total pollution exclusion.
Cited 12 timesPublishedKaluom v. Stolt Offshore, Inc.
474 F. Supp. 2d 866 · District Court, S.D. Texas · Feb 7, 2007
The crew-member lists provided by Plaintiff clearly illustrate that seamen from different countries work on different vessels at different times. … One need only, consider the other subsections of § 213 to realize that if such an interpretation were made, the subsections would clearly be in conflict.
Cited 7 timesPublished
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