Case law

Sabala v. Western Gillette, Inc.

362 F. Supp. 1142 · District Court, S.D. Texas · Jul 17, 1973

Although there is some dispute as to the truth of this allegation, the court feels that a letter, written to plaintiff Sabala on October 14, 1971, which waived the 30-day probationary period, conclusively establishes the … Those white drivers who were employed as city drivers presumably had the opportunity to apply as road drivers but either were not qualified or preferred city work.

In Re the Extradition of Nava Gonzalez

305 F. Supp. 2d 682 · District Court, S.D. Texas · Jan 8, 2004

Accordingly, this extradition request has clearly been timely brought. C. Does the evidence justify commitment for trial? … Respondent shall remain in the custody of the United States Marshal and confined in a proper facility until surrender is made to a duly qualified agent of the United Mexican States, or until further order from this court

Gonzalez v. Sauls

District Court, S.D. Texas · Jan 29, 2021

Reid’s opinion establish that he had greater restrictions due to his carpal tunnel syndrome than accounted for by Dr. Reid. … However, the ALJ clearly considered Gonzalez’s carpal tunnel syndrome and the medical records following Dr. Reid’s opinion in determining Gonzalez’s RFC. Tr. 16.

In Re Dynegy, Inc. Securities Litigation

339 F. Supp. 2d 804 · District Court, S.D. Texas · Oct 7, 2004

Affirmative defenses may support dismissal under Rule 12(b)(6) where facts alleged in plaintiffs' complaint clearly establish that the action is barred. … The plaintiff bears the burden of establishing control, and the defendant bears the *829 burden of establishing good faith. Thompson, 636 F.2d at 958 & n. 23. B.

Jonibach Management Trust v. Wartburg Enterprises, Inc.

136 F. Supp. 3d 792 · District Court, S.D. Texas · Sep 30, 2015

Section 2-207(3) also states, "Conduct by - both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract … This Court observes, " ‘To qualify as a judicial admission [a] statement must be (1) made in a judicial proceeding: (2) contrary to a fact essential fo the theory of recovery; (3) deliberate, clear and unequivocal; (4) such

Thompson v. State Farm Lloyds

District Court, S.D. Texas · Oct 22, 2024

The Fifth Circuit has held that a district court “clearly ha[s] the right to take notice of its own files and records.” Aloe Creme Lab’ys, Inc. v. dispositive. … All in all, these inspections establish a reasonable basis for State Farm’s denial of Thompson’s insurance claim.

Rodriguez v. BBB Industries, LLC

District Court, S.D. Texas · May 15, 2024

a prima facie case of discrimination, Plaintiff must “provid[e] evidence ‘that []he: (1) is a member of a protected class; (2) was qualified for h[is] position; (3) was subject to an adverse employment action; and (4) … Sth Cir. 2000) (The Court found that it could not “conclude that [Plaintiff’s] working conditions were so intolerable that a reasonable employee would have felt compelled to resign” even after it found that Plaintiff “clearly

Mattson v. Aetna Life Insurance

928 F. Supp. 2d 905 · District Court, S.D. Texas · Feb 28, 2013

We have had these and other medical records reviewed by qualified medical consultants who have outreached to the treating physician to discuss this case. … “A plan administrator abuses its discretion where the decision is not based on evidence, even if disputable, that clearly supports the basis for its denial.” Holland v. Int’l Paper Co.

In re Houston American Energy Corp. Securities Litigation

970 F. Supp. 2d 613 · District Court, S.D. Texas · Aug 22, 2013

Moreover they never retracted or qualified the estimate. … Plaintiffs also assert that they have adequately alleged a claim based on Defendants’ failure to disclose the SEC investigation, which was clearly a “threatened” proceeding.

Rodriguez v. Frez-N-Stor, Inc.

District Court, S.D. Texas · Jul 22, 2025

Neither document clearly showed that Americold was an additional insured on the Luxor worker’s compensation policy. … Third, Rodriguez argues that even if Americold’s additional summary judgment evidence is considered, it is insufficient to establish that Americold was covered under Luxor’s worker’s compensation policy.

Sowell v. Richardson

District Court, S.D. Texas · Feb 28, 2025

inmate can demonstrate a constitutional violation “by showing that a prison official refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly … TDCJ concedes that Sowell’s ACL tear is a “qualifying disability” under the statute (Dkt. 119, at 25).

Bealefield v. Lumpkin

District Court, S.D. Texas · Sep 30, 2022

In doing so, it reasonably applied the law to the facts, consistent with clearly established federal law. … Bealefield fails to establish, as is his burden, that the state court’s decision was contrary to clearly established federal law or an objectively unreasonable application of it. 28 USC § 2254(d); Cobb, 682

Pennzoil-Quaker State Co. v. American International Specialty Lines Insurance

653 F. Supp. 2d 690 · District Court, S.D. Texas · Sep 4, 2009

The Texas Supreme Court has considered this narrow exception since deciding GuideOne, but has declined to recognize the exception because the cases did not qualify. See Pine Oak Builders, Inc. v. … The objection to paragraph 7 of Brian Carmichael’s affidavit is overruled because the affidavit establishes his competence to give the testimony.

El Dorado Oil & Gas, Inc. v. Alaniz

District Court, S.D. Texas · Jan 25, 2024

Moreover, a nexus clearly exists between these contacts and the case at bar. … Therefore, as a matter of due process, personal jurisdiction is established. II.

Elizondo v. Lumpkin

District Court, S.D. Texas · Sep 6, 2024

established federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable * Pub. … Further, extraordinary circumstances are “external factors beyond [petitioner’s] control; delays of the petitioner’s own making do not qualify.” In re Wilson, 442 F.3d 872, 875 (Sth Cir. 2006) (citations omitted).

Morlock, LLC v. Petteway

District Court, S.D. Texas · Sep 23, 2024

The Court need not consider all seven because the first two, when considered together, are sufficient to establish abandonment. … As the court explained in Pitts, “[l]anguage stating that the loan would be accelerated is inconsistent with an earlier notice of acceleration and clearly establishes the noteholder’s abandonment of the earlier acceleration

Stallings v. Berryhill

District Court, S.D. Texas · Oct 30, 2019

The Commissioner also argues that Stallings has not made a showing that she qualifies for the listing. … As noted above, Stallings clearly missed the deadline the ALJ set for the submission of outstanding medical records. Tr. 102-103.

Crowley v. Lumpkin

District Court, S.D. Texas · Sep 30, 2022

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 or if … Prosecutorial misconduct Claims of prosecutorial misconduct in a state court prosecution are governed by the clearly established standard set forth in Darden v Wainwright

Abughaseeb v. Kijakazi, Acting Commissioner of the Social Security Administration

District Court, S.D. Texas · Feb 4, 2025

3 “R.” citations refer to the electronically filed Administrative Record, ECF No. 6. 4A claimant is eligible for disability insurance benefits only if the onset of the qualifying … As is evident by her summarization of the opinion, the ALJ clearly considered the opinion, but fell short of engaging in the requisite analysis.

Gapasin v. Wells Fargo Bank

District Court, S.D. Texas · Jun 5, 2024

Rather, “by its terms the deed of trust ‘secures … repayment of the debt evidenced by the Note,’ an obligation clearly placed on the borrower, i.e., [the Gapasins].” … denied) (reversing judgment on quiet title because plaintiff failed to establish that defendant’s lien was invalid).