Case law

Kaluom 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.

Westerngeco L.L.C. v. Ion Geophysical Corp.

876 F. Supp. 2d 857 · District Court, S.D. Texas · Jun 26, 2012

Defendants fail to establish, by clear and convincing evidence, that an ASPD was not enabled. … For example, in Noah Sys., 675 F.3d at 1313 , the Federal Circuit determined that a specification clearly disclosed an algorithm in prose.

Shirley v. Commissioner Of Social Security

District Court, S.D. Texas · Sep 28, 2021

Culver’s opinions because they do not refer clearly to the relevant period of disability. ECF No. 20-1 at 8. Defendant points to the wording of Dr. Formby’s and Dr. … Formby’s opinion noted that, “According to DARS/DDS11 the evaluation was requested to help determine if she qualifies for disability benefits.”); R. 249 (6/6/18) (Dr.

Hobbs v. EVO Incorporated

District Court, S.D. Texas · Aug 29, 2019

Nevertheless, a party need not establish each element in every case. /d. at 357. … In particular, it argues: The evidence showed that Plaintiffs qualify for the outside sales exemption.

Crowell v. Shell Oil Co.

481 F. Supp. 2d 797 · District Court, S.D. Texas · Mar 7, 2007

Congress clearly did not intend this result, and instead “intended plan fiduciaries, not the federal courts, to have primary responsibility for claims processing.” Id. (emphasis added). … Indeed, the Fifth Circuit has explicitly found that this showing, without more, is insufficient to establish a conflict of interest. See MacLachlan, 350 F.3d at 479 n. 8.

Barnes v. Breeden

911 F. Supp. 1038 · District Court, S.D. Texas · Jan 25, 1996

Nor are there any documents establishing efforts to investigate the complaint. … The plaintiffs testimony, as well as that of corroborating witnesses, also establishes the pervasive nature of Matta’s conduct.

Ruiz v. Johnson

154 F. Supp. 2d 975 · District Court, S.D. Texas · Jun 18, 2001

Yet the record establishes that this policy has not been implemented or enforced in TDCJ-ID’s facilities. … There, the district court had ordered compliance with the Department’s established grievance procedures.

Bruce v. Flagstar Bank

District Court, S.D. Texas · Aug 31, 2020

Blanton, 918 F.2d 524, 531 (5th Cir. 1990) (listing reasons for establishing such a threshold). … Clearly, the Bank had no greater right to foreclose on the Flennikens' property than did Easterwood.

Bass

District Court, S.D. Texas · Aug 4, 2026

Neither Texas courts nor federal courts applying Texas law have clearly delineated what constitutes an “independent” injury. … the insurer’s motion for summary judgment on Plaintiff’s bad faith claims, the Vernon court cited the Texas Supreme Court’s observation in Ortiz that additional property damages resulting from the insurer’s delay could qualify

Garcia v. Oceans Healthcare, L.L.C.

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

Under the Rehabilitation Act’s nondiscrimination provision: “No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the … However, the Fifth Circuit has clearly articulated that under the ADA, an employer is under no obligation to provide a non-disabled employee accommodations such as a modified work schedule or allowing them to miss work

Van Overdam v. Texas A&M University

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

Constitutional standing has three clearly established elements: 1) an injury in fact that is (a) concrete and particularized and (b) actual or imminent, 2) a causal connection between the injury and the conduct complained … Defendant argues that Plaintiff’s claim fails as a matter of law because Plaintiff has failed to identify a qualifying comparator, an essential element of a selective enforcement claim: At [Van Overdam’s] deposition

Jessica Smith v. University of Texas Medical Branch

District Court, S.D. Texas · Dec 18, 2025

The receipt clearly shows that she paid for one-day service, with a scheduled delivery date of November 20, 2024. See id. … UTMB argues that Smith cannot state a religious disparate treatment claim because she “has not alleged any facts supporting” “membership in a protected class,” “that she was qualified for the position,” or “that she was

Thunderhorse v. Collier

District Court, S.D. Texas · Mar 11, 2024

established law and prior agreements” (Dkt. 21, at 59-60; see Dkt. 1, at 27 (seeking $15,000)). … It lacks an arguable basis in fact “if, after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Id.

Automated Business Companies v. Webex Communications, Inc.

712 F. Supp. 2d 608 · District Court, S.D. Texas · Apr 26, 2010

But ABC’s interpretation would include “enabling access” under its broad definition of “enabling operation,” because obtaining access to the remote computer is clearly “a necessary step in the process that results in operation … The information validated at intermediate elements in the WebEx products, therefore, does not qualify as a “logon command” under the court’s construction of that term. 4.

Garza v. Davis-Director TDCJ-CID

District Court, S.D. Texas · Sep 21, 2020

“A complaint lacks an arguable basis in fact if, after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Id. … A plaintiff seeking a preliminary injunction must establish “(1) a substantial likelihood of success on the merits, (2) a substantial threat of irreparable injury if the injunction is not issued, (3) that the threatened

Autrey v. 22 Texas Services Inc.

79 F. Supp. 2d 735 · District Court, S.D. Texas · Jan 6, 2000

The burden then shifts to the nonmoving party to establish the existence of a genuine issue for trial. See Matsushita, 475 U.S. at 585-87 , 106 S.Ct. at 1355-56 ; Wise v. E.I. … In evaluating the particular business purpose of a nursing home, such an endeavor clearly requires a *744 much larger financial commitment than that devoted to the operation of a tavern.

Southeast Texas Environmental, L.L.C. v. BP Amoco Chemical Co.

329 F. Supp. 2d 853 · District Court, S.D. Texas · May 17, 2004

. § 9613 (f)(1), which establishes a statutory right of contribution among PRPs. … In the Court’s understanding, a claim that qualifies as “necessarily federal in character” under Brennan necessarily comes within complete preemption doctrine.

Emden v. The Museum of Fine Arts, Houston

District Court, S.D. Texas · May 2, 2022

Hugo Moser does not qualify as an “official act” for purposes of the Act of State doctrine. … Government on behalf of the Bondi estate; clearly, the executive branch was not concerned about the effect that its legal action would have on its conduct of foreign relations with Austria.

Mcgowan & Co. v. Bogan

93 F. Supp. 3d 624 · District Court, S.D. Texas · Mar 17, 2015

Once the jury determines at trial what information, if any, was improperly used by Bogan, then the Court will assess whether that information qualifies as a trade secret, or proprietary or confidential information. … To the extent Defendants, through their counterclaim, seek Rule 11 sanctions on the ground that Plaintiffs claims are frivolous, this argument clearly fails.

Schermerhorn v. CenturyTel, Inc. (In re Skyport Global Communications, Inc.)

528 B.R. 297 · District Court, S.D. Texas · Mar 26, 2015

And clearly say that among other things Mr. Kubbernus defrauded this Court, lied to this Court, made misrepresentations to this Court. … Accordingly, Goldman and Craig have failed to establish that the attorneys’ fees and costs assessed were not reasonable and necessary.