Case law

A & R Engineering and Testing, Inc. v. City Of Houston

District Court, S.D. Texas · Jan 28, 2022

Claiborne Hardware Co, to contend that boycotting Israel qualifies as speech. 458 U.S. 886 (1982). … The elements of an injunction in this Circuit are well established.

Soliz v. Nueces County

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

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. … Further, as discussed above, Plaintiff does not establish that an underlying constitutional violation occurred; therefore, his municipal liability claim fails. See Whitley v.

Texasgulf, Inc. v. Canada Development Corporation

366 F. Supp. 374 · District Court, S.D. Texas · Sep 5, 1973

In light of the Court’s holding that Texasgulf has failed to establish the existence of a conspiracy between Noranda, Streit and others, and has further failed to establish the existence of any group within the meaning of … Texasgulf was clearly not originally chartered as an international trading corporation.

Paragon Asset Company Ltd

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

As a result, Signet qualifies as a prevailing party under Section 20(c). … Calculation of the Attorney’s Fees Award To fashion an award of attorney’s fees, courts use a “well-established” two-step method. Migis v.

Dillen v. QBE Insurance Corporation

District Court, S.D. Texas · Feb 11, 2025

Unhappy with QBE’s Initial Estimate, Plaintiffs submitted to QBE an estimate prepared by Neal Building Group, LLC in August 2021, totaling $62,200.00 (the “Initial Neal Estimate”)— clearly exceeding QBE’s Initial Estimate … It is not the duty of the Court to search the record for evidence that might establish an issue of material fact. Id. Ill.

MacDonald v. Wainwright Unit TDCJ-CID

District Court, S.D. Texas · Aug 5, 2025

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. … MacDonald is not entitled to relief because the state court’s decision that he failed to establish prejudice under Strickland was not an unreasonable application of clearly established federal law.

Tu Nguyen v. Duy Tu Hoang

318 F. Supp. 3d 983 · District Court, S.D. Texas · Jun 28, 2018

The amended complaint clearly meets all of the elements for stating a defamation claim, and the claim is plausible. … Clearly, a concern that members of the community may go to jail if they accidentally call an organization by its name impacts the community's well-being.

Ge Betz Inc. v. Moffitt-Johnson

301 F. Supp. 3d 668 · District Court, S.D. Texas · Jun 6, 2014

Plaintiff responds that Kurtz's testimony is "clearly based on the knowledge and experience he gained as GE's Sales Director." (Instrument No. 99 at 8). … The Trailer Manual does not contain any specific information about the implementation of GE's ideas, methodologies, or techniques so as to potentially qualify for trade secret protection. See Metallurgical Indus.

Caramba, Inc. v. Nationwide Mutual Fire Insurance Company

District Court, S.D. Texas · Dec 24, 2020

“Rule 702 does not mandate that an expert be highly qualified in order to testify about a given issue.” Williams v. Manitowoc Cranes, L.L.C., 898 F.3d 607, 623 (5th Cir. 2018). … Nationwide has not presented evidence that establishes, or even suggests, Funsch has an actual bias or used a flawed methodology because he is often employed by Caramba’s attorneys.

Shahrashoob v. Texas A&M University

District Court, S.D. Texas · Nov 28, 2023

Texas A&M also argues that “the evidence clearly shows that Dr. … The Title VII Discrimination Claim A prima facie case of discrimination under Title VII requires the plaintiff to show that she: “(1) is a member of a protected group; (2) was qualified

Easom v. US Well Services, Inc.

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

The WARN Act Exceptions If a plaintiff establishes a WARN Act violation, the employer may avoid liability by proving as an affirmative defense that it qualifies for one of the … The plaintiffs are correct that the WARN Act clearly requires this notice “so that dislocated worker assistance can be promptly provided.” 20 C.F.R. § 639.1.

In Re Enron Corp. Securities, Derivative &" ERISA" Litigation

490 F. Supp. 2d 784 · District Court, S.D. Texas · Jun 6, 2007

The parties have not clearly distinguished the elements of the various causes of action. … Accountants will 'qualify' their opinion where discrepancies are identified in a client’s financial statements.” In re Ikon Office Solutions, Inc., 277 F.3d 658 , 663 n. 4 (3d Cir.2002).

Nweme v. United States America

District Court, S.D. Texas · Oct 18, 2022

The Government further agreed to move for a one-level reduction in Nweme’s sentencing guideline range, but only if (1) the Court determined that Nweme qualified for an acceptance-of-responsibility reduction, and … Ultimately, the movant bears the burden of establishing his claims of error by a preponderance of the evidence. See Wright v. United States, 624 F.2d 557, 558 (5th Cir. 1980).

Sam

District Court, S.D. Texas · Apr 28, 2026

Section 1961(1) lists which criminal acts qualify as predicate acts. 18 U.S.C. § 1961(1). … Beyond his forgery claim, Plaintiff alleges no facts establishing that Defendants breached his trust.

Davis v. CenturyLink, Inc

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

Dkt. 49-5 at 2.4 Yet, again, the notice mailed to Davis clearly stated that the deadline to opt out was June 23, 2020—eight months earlier: What are my other options? … As already established, Davis is a member of the Consumer MDL Action.

Campos v. Shepherd

District Court, S.D. Texas · Oct 3, 2025

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. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam). … Indeed, the M&R preemptively established the novelty of these arguments, noting that Defendant “has not raised these points [prior to the M&R], and it is not the job of the Court to ‘create arguments for adjudication’

Eastman Chemical Co. v. Niro, Inc.

80 F. Supp. 2d 712 · District Court, S.D. Texas · Jan 24, 2000

According to Eastman, Niro made a variety of representations of material fact, including that Niro had experience in de *716 signing and building a spray fluidization sórbate drying device, that Niro could provide qualified … Thus the question for the Court is whether the independent injury doctrine so clearly applies to Eastman’s claims for fraud subsequent to formation of contract that dismissal of such claims is appropriate under the stringent

Aransas Project v. Shaw

930 F. Supp. 2d 716 · District Court, S.D. Texas · Mar 11, 2013

Vaugh was not qualified as an expert on selecting crane mortality data and applying it statistically. Id. Tr. 212. E. At least 23 Whooping Cranes died on the Refuge in 2008/2009. … He further affirmed that nutrition can be a factor in a compromised immune system. Id. In short, Dr.

Louzi v. Fort Bend County, Texas

District Court, S.D. Texas · Feb 1, 2022

Further, under the policy, Akueir’s placement on 15-minute checks qualified him for Level II status. … deliberate indifference requires the prisoner to submit evidence that prison officials “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly

Gedalia v. Whole Foods Market Services, Inc.

53 F. Supp. 3d 943 · District Court, S.D. Texas · Sep 30, 2014

Sept. 19, 2013) (“Because the labels clearly disclosed the presence of the [allegedly unnatural ingredients] it is not plausible that Plaintiffs believed, based on Defendant’s ‘[o]nly natural ingredients’ or ‘all natural’ … In fact, the FDA has declined to adopt a formal definition of “natural”: Because of resource limitations and other agency priorities, FDA is not undertaking rulemaking to establish a definition for “natural” at this time.