Case law

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.

Hina v. Commissioner of Social Security

District Court, S.D. Texas · Mar 4, 2024

See https://www.mayoclinic.org/diseases- conditions/fibromyalgia/symptoms-causes/syc-20354780 (last visited November 27, 2023). 7 An autoimmune disorder, rheumatoid arthritis occurs when your immune system mistakenly … The Act places the burden of establishing disability on the claimant. Perez v. Barnhart, 415 F.3d 457, 461 (5th Cir. 2005).

Gause

District Court, S.D. Texas · Jun 17, 2026

. § 1101 et seq., establishes a framework for evaluating personnel actions taken against federal employees.” Kloeckner v. Solis, 568 U.S. 41, 44 (2012). … He claims that the initial decision “was not clear or did not provide required notice of when the decision or what decision was clearly final to invoke the deadline filing period.” Id.

Boyd v. Saul

District Court, S.D. Texas · Sep 17, 2021

The claimant bears the burden of proof at the first four steps to establish that a disability exists. Farr, 2012 WL 6020061, at *2. … Eslami qualifies as a treating physician for the purposes of assigning “controlling weight.”

Hamlin v. Lumpkin-Director TDCJ-CID

District Court, S.D. Texas · Dec 12, 2022

Under the AEDPA, federal habeas relief cannot be granted on legal issues adjudicated on the merits in state court unless the state adjudication was contrary to clearly established federal law as determined by the Supreme … Court, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court.

TREMONT LLC v. Halliburton Energy Services, Inc.

696 F. Supp. 2d 741 · District Court, S.D. Texas · Mar 11, 2010

The panel clearly stated that the transfers in 1988 and 1990 included all historical liabilities. … The case law clearly established that the decisions could be given preclusive effect in later eases.

Pierce v. Leidos Inc.

District Court, S.D. Texas · Dec 27, 2021

Pierce is African American and he is qualified for his position. He has established the first and second prongs of the prima facie test. … There is evidence that the relationship between Soodavor and his subordinate employee, Pierce, deteriorated, clearly after the 2018 performance review was issued, but no evidence that it deteriorated because of racial

Williams v. Davis

192 F. Supp. 3d 732 · District Court, S.D. Texas · Jun 28, 2016

Under AEDPA’s rigorous showing, an inmate may only secure relief after showing that the state court’s rejection of his claim was either “contrary to, or involved an unreasonable application of, clearly established Federal … As the Supreme Court later noted, Swain “left prosecutors’ use of perempto-ries largely immune from constitutional scrutiny.” Miller-El v.

Voting for America, Inc. v. Andrade

888 F. Supp. 2d 816 · District Court, S.D. Texas · Aug 2, 2012

Plaintiffs therefore have demonstrated a substantial likelihood of establishing that the In-State Restriction violates the First Amendment. c. The County Limitation Tex. … When this Court cites subsection (d)(3), it is referring to the subsection (d)(3) that requires VDRs to "meet the requirements to be a qualified voter under Section 11.002.” .

Sunny Produce and Brokerage, LLC v. Sasita Produce, LLC

District Court, S.D. Texas · Aug 15, 2025

The Myers Declaration provides evidence that: 1) The produce at issue qualifies as PACA trust-eligible perishable agricultural commodities. (Dkt. … “These facts, if proved, establish a breach of contract.” CF Trade, LLC, 2025 WL 1549460, at *3; see Mirasoles Produce USA, LLC, 2022 WL 1165151, at *4. 2.

Thomas v. Gulfway Shopping Center, Inc.

320 F. Supp. 756 · District Court, S.D. Texas · Apr 7, 1970

The plaintiff is the duly appointed, qualified and acting Trustee in Bankruptcy of the Estate of Francine’s, Inc., a Bankrupt; 2. … The law places the burden of establishing each of these elements in § 60(a) (1) and (b) squarely upon the shoulders of the Trustee. Bumb v. Valley Electric Co., supra; Aulick v.

Araujo Perez v. Mayorkas

District Court, S.D. Texas · Nov 1, 2021

“[T]o qualify as a [Diversity Visa] immigrant . . . an applicant must be granted adjustment of status during the fiscal year for which he or she was selected.” (Docket Entry No. 2-1, at 5). … Preliminary injunctions are “extraordinary remed[ies] which should not be granted unless the party seeking [one] has clearly carried the burden of persuasion.” PCI Transp., Inc. v. Fort Worth & W. R.R.

Lummus Global Amazonas, S.A. v. Aguaytia Energy Del Peru, S.R. Ltda.

256 F. Supp. 2d 594 · District Court, S.D. Texas · Jun 14, 2002

In the award, the panel established a procedure for Aguaytia to claim reimbursement from LGA if, and when, it paid those taxes. … There is no dispute as to how the amounts established by the Stipulation are to be incorporated into the Final Award to state the balance due.

Hawkins

District Court, S.D. Texas · Feb 23, 2026

specifically alleges that “Defendant made false and misleading representations regarding debt enforceability and failed to disclose material facts,” and because Plaintiff “relied on these omissions to his detriment,” he “qualifies … Without establishing his consumer status, he cannot bring a DTPA claim, alone or under the “tie-in” provision.

Limelight Trading Cards, LLC v. Fye

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

The court does not understand how a Facebook group, whose members are known to one another, could qualify as a trade secret. … Also, because the evidence does not establish that Fye Sports Cards, LLC violated the Confirmation Order, it follows that the evidence does not establish that Defendants Cox and Black Label Breaks,

Reyna

District Court, S.D. Texas · Aug 7, 2026

“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Harper v. … However, even if this was not so, Plaintiff also fails to establish that there is complete diversity among the Parties.

Wallace v. Methodist Hospital System

85 F. Supp. 2d 699 · District Court, S.D. Texas · Feb 25, 2000

Methodist policy clearly stated that “[a] physician order is required for the insertion or removal of a nasogastric tube.” (D. Ex. 4, Policy No. D-707, Revision No. 3, p. 1). … To establish a prima facie case of race discrimination under Title VII, a plaintiff must show the following elements: 1) membership in a protected class; 2) that the plaintiff was qualified for the position at issue; 3) that

State of Texas v. United States of America

District Court, S.D. Texas · Jul 16, 2021

Clearly, that court found DACA gave its recipients enforceable rights and imposed obligations on private employers. … The DACA Memorandum clearly “narrowly limits administrative discretion” and establishes “a tight framework,” otherwise DHS agents could grant DACA status to applicants who do not meet the prescribed criteria.

Bradley v. Phillips Petroleum Co.

527 F. Supp. 2d 625 · District Court, S.D. Texas · Dec 18, 2007

However, Plaintiffs have not pled: facts to establish a genuine issue on this exception. … Even the economic consequences of personal injuries do not qualify as “injury to business or property.” See Oscar v. Univ. Students Co-op. Ass’n, 965 F.2d 783, 785-86 (9th Cir.1992) (collecting authority); Doe v.

Troutman v. Kijakazi

District Court, S.D. Texas · Sep 6, 2023

If a claimant establishes at step four that [he] is unable to perform [his] past relevant work, the burden shifts to the Commissioner at step five to establish that the claimant can perform other work which exists … qualified to testify as an expert on the number of jobs in the economy.