Case law

Bosley v. Kijakazi

District Court, S.D. Texas · Jan 24, 2025

First, Plaintiff argues the mental limitations in her RFC are unsupported by a medical opinion and the record does not clearly establish the effect of Plaintiff’s mental impairments on her ability to work. … Second, Plaintiff argues the physical limitations in the RFC are not supported by a medical opinion and the record does not clearly establish the effect her impairments have on her ability to walk or stand.

Lusk v. Guggenheim

District Court, S.D. Texas · Mar 14, 2023

Unless the parties clearly and unmistakably provide otherwise, the court, not the arbitrator, decides whether the parties agreed to arbitrate a particular dispute. AT&T Techs., Inc. v. … The claim against Newman is plainly related to the claims brought against the other defendants: Newman plays an important role in the events alleged in the amended petition that may, if proven, establish the liability

Imperial 290 Hospitality Group, LLC

District Court, S.D. Texas · Aug 3, 2021

Imperial offered the bankruptcy court a sale with what it identified as a qualified buyer willing to pay $7 million, but the sale fell through after Imperial defaulted on its sale agreement with the Bank. … Once the moving party meets its burden in a summary judgment, the burden shifts to the opposing party to establish a genuine issue of material fact. Carr v.

Velasco

District Court, S.D. Texas · Jan 27, 2026

To the extent that Velasco attempted to incorporate her entire deposition into the record without citations, see ECF No. 24 at 3, Velasco did not clearly identify in her response specific evidence … qualified for her position, (3) was subject to an adverse employment action, and (4) was replaced by or was treated less favorably than other similarly situated employees outside her protected group.

Food Not Bombs Houston v. City of Houston, TX

District Court, S.D. Texas · Feb 14, 2024

This Court understands that a cogent argument can be made that the mere act of feeding the homeless might not qualify as protected First Amendment expressive behavior. … The City’s interests, however, do not clearly implicate the constitution, and these addressing these risks may be achieved through less restrictive means.

Johnson 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 … But to qualify, that state-law procedural ground must provide an “independent and adequate ground for dismissal.”

Mott v. Schneider Electric Systems USA, Inc.

District Court, S.D. Texas · May 30, 2025

Improper joinder can be established in two ways: (1) actual fraud in the pleading of jurisdictional facts, or (2) inability of the plaintiff to establish a cause of action against the non- diverse party in state court … As such, Plaintiff's defamation claim against Nix is clearly time-barred. Plaintiff has failed to establish a cause of action against Nix, the non-diverse party.

Villarreal v. Davis

District Court, S.D. Texas · Mar 30, 2020

established” Supreme Court precedent. … To constitute an “unreasonable application” of clearly established federal law, the state court’s determination “must be objectively unreasonable, not merely wrong; even clear error will not suffice.”

Ricard v. The Prudential Insurance Company of America

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

Stanfill’s report does not establish that Prudential acted arbitrarily or capriciously. C. … Any potential conflict of interest is clearly outweighed by the substantial evidence supporting Prudential’s decision. IV.

Punger

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

Also clearly depicted on each 1099 is that $0.00 of federal income tax was withheld. (/d.). … ° See First Draw PPP Loan: Who May Qualify, U.S. SMALL BUS. ADMIN., https://www.sba.gov/funding- programs/loans/covid- | 9-relief-options/paycheck-protection-program/first-draw-ppp-loan (last updated Oct. 3, 2024).

Wapiti Energy, LLC v. Clear Spring Property and Casualty Company

District Court, S.D. Texas · Jan 8, 2025

The Fifth Circuit has already resolved that the removal of the barge was compulsory by law—however, the parties continue to debate whether the barge’s condition qualified it as a “wreck.” … A claimant will satisfy the second prong by "establishing that the carrier actually knew there was no reasonable basis to deny the claim or delay payment, or establishing that the carrier, based on its duty to investigate

Harrison v. Saul

District Court, S.D. Texas · Jul 13, 2020

Under this formula, the claimant bears the burden of proof on the first four steps of the analysis to establish that a disability exists. … The law clearly states that an ALJ may not reject a medical opinion without an explanation. Kneeland v. Berryhill, 850 F.3d 749, 760 (5th Cir. 2017).

Thain v. Lumpkin

District Court, S.D. Texas · Oct 12, 2023

Thain now argues that the atomic absorption test clearly demonstrates that he didn’t fire the fatal bullet that killed Kaci Fink. … And it’s equally clear that evidence “does not qualify as ‘new’ under the Schlup actual- innocence standard if ‘it was always within the reach of [petitioner’s] personal knowledge or reasonable

Colindres v. QuietFlex Manufacturing

235 F.R.D. 347 · District Court, S.D. Texas · Mar 31, 2006

Univ. of Houston Sys., 324 F.3d 310, 316 (5th Cir.2003) (the elements for establishing a prima facie case of retaliation under section 1981 are identical to those that must be established under Title VII). … Under the piece rate pay system, pay clearly varies as a function of individual productivity, plant production needs, and other factors.” (Id. at 2).

Traveler's Insurance Company v. United States

283 F. Supp. 14 · District Court, S.D. Texas · May 29, 1968

The only evidence in the record, clearly indicates that the accident was due to the unsafe condition of the rain-slick porch. I find that Mrs. … But article 2212 merely establishes the procedural requisites to sue for contribution; merely meeting these requirements does not entitle the plaintiff to contribution.

V. v. Brownsville Independent School District

District Court, S.D. Texas · Jun 22, 2020

States that receive funding through the IDEA must establish and maintain procedures to resolve disputes over the adequacy of a disabled student’s education. 20 U.S.C. § 1415(a) (Agencies must “ensure that children … J.V. received these educational and supportive services from BISD precisely because he was an enrolled student with a qualifying disability.

Bermudez v. Davis

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

To constitute an “unreasonable application” of clearly established federal law, the state court's decision “must be objectively unreasonable, not merely wrong; even clear error will not suffice.” … I believed it was error for the court to deny the requested charge, but I did not believe I could successfully establish sufficient harm to qualify as reversible error. The jury found Mr.

Miller v. Anadarko Petroleum Corporation Change of Control Severance Plan

District Court, S.D. Texas · Mar 7, 2025

Before the acquisition, Anadarko established the Change of Control Plan (“the Plan”), administered by the Health and Welfare Benefits Administrative Committee (“the Committee”), to address the acquisition’s impact on employees … This document stated that any adverse, material changes in job responsibilities must be permanent, and that temporary changes would not qualify as a “Good Reason” event. (AR 48).

A.A. Ex Rel. Betenbaugh v. Needville Independent School District

701 F. Supp. 2d 863 · District Court, S.D. Texas · Jan 20, 2009

Plaintiff Arocha clearly shares that belief, even though he does not belong to a tribe that practices it. … It noted that “if this interpretation is correct, then every choice of clothing, regardless of the intent of the wearer to communicate a particularized message, would not qualify as protected speech.”

In re: Kimble

District Court, S.D. Texas · Aug 10, 2023

Now, clearly, it was not following another case. It was a deliberate attempt to divest this Court of jurisdiction by being able to assert a jury trial right. … This includes the basic requirement that the facts plausibly establish each required element for each legal claim.