Case law

Sullivan v. Feldman

District Court, S.D. Texas · Dec 4, 2020

Nonetheless, the case law clearly establishes that, in the appropriate circumstances, such an order is within the power of the district court.”). … These courts took forum questions away from the arbitrator if the chosen forum was clearly foreclosed by the parties’ agreement.

US Ex Rel. Bennett v. Medtronic, Inc.

747 F. Supp. 2d 745 · District Court, S.D. Texas · Sep 30, 2010

The relators allege that the average reimbursement for a hospital under DRG 108 is $30,289 and the average cost to the hospital for patients who require procedures qualifying under that DRG is $31, 074. … The court first determined that hospitals requests for payments on form HCFA-1450 (UB-82 21 and UB-92) “clearly constituted the submission of a ‘claim’ ” under the FCA. Id. at 343.

De Valentino v. Houston Independent School District

District Court, S.D. Texas · Jan 6, 2020

“All of the witnesses stated in the interviews that they did not witness any situations that qualify as a workplace bullying.” See Investigation Letter, Exh. 2-B to Motion. … Additionally, the Fifth Circuit has clearly held that “the receipt of a right-to-sue letter subsequent to the commencement of a Title VII action, but while the action remains pending, satisfies the precondition that a plaintiff

Smith v. AMERICAN FOUNDERS FINANCIAL, CORP.

365 B.R. 647 · District Court, S.D. Texas · Mar 10, 2007

Congress clearly intended that trustees would have a reasonable period to determine the viability of various creditor’s claims. … “Statutes of repose are based on considerations of the economic best interests of the public as a whole and are substantive grants of immunity based on a legislative balance of the respective rights of potential plaintiffs

Gordon

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

To establish a prima facie case of race discrimination with circumstantial evidence, Gordon must show that she (1) is a member of a protected group, (2) was qualified for her position, (8) was subject to an … Gordon, for her part, does not clearly identify which acts she contends constitute harassment. Neither party addresses the issue.

Faucette v. Wolf

District Court, S.D. Texas · Mar 5, 2021

The plaintiff alleging discrimination must make a prima facie showing that: (1) she is a member of a protected class, (2) she was qualified for the position, (3) she was subjected to an adverse employment action, and ( … Faucette’s misrepresentations about his training credentials, his work as police officer, and his denial that he had previously been fired from a law enforcement agency, among other misrepresentations, were clearly nondiscriminatory

Lee v. Commissioner Of Social Security

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

request a consultative examination or specify the information requiring further development, ‘we will not impose a duty on the ALJ to order a consultative examination unless the need for one is clearly … established in the record.’”)

LaRocca v. Alvin Independent School District

District Court, S.D. Texas · Feb 28, 2024

In that document, LaRocca’s counsel clearly checked a box complaining of discrimination based on national origin: Discrimination based on national origin: National Origin Discrimination … For that reason, the Fifth Circuit held that a “later verification [in a EEOC Form 5] cures” the employee’s failure to initially verify a submission “that qualifies as a charge.”

Edwards v. McDermott International, Inc.

District Court, S.D. Texas · Sep 11, 2023

Neither party offered a rigorous choice-of-law analysis in their motion to dismiss briefing, though Defendants clearly argued for the application of federal common law. See Dkt. 124 at 32. … causation theory upheld in Heckmann derived from the plaintiffs’ allegation “that the eligible Company shareholders were denied the IPO proceeds they would have received once the Company failed to complete a qualifying

Drew v. McGriff Insurance Services, Inc.

District Court, S.D. Texas · Mar 13, 2024

It is not the duty of the Court to search the record for evidence that might establish an issue of material fact. Id. I. … There are specific dates in the record in which Drew was told that he would not qualify for participation.

Sweat v. Houston Methodist Hospital

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

Supp. 2d 497, 515 (S.D.N.Y. 2001) (concluding that “the legislative record suggests that the element of ‘tortious’ or ‘criminal’ mens rea is required to establish a prohibited purpose under § 2511(2)(d)”). … Therefore, having a commercial purpose in addition to the purpose of violating HIPAA or [a state privacy law] does not immunize INOVA from Plaintiff’s [Wiretap Act] claims”); Cooper, 742 F.

Longas-Palacio v. Jaddou

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

The agency has the burden to establish whether withheld documents fall within a statutory exemption. Cooper Cameron, 280 F.3d at 543. … and medical files and similar files the disclosure of which would constitute a clearly warranted invasion of personal privacy.” 5 U.S.C. § 552(b)(6).

Garrett v. Gonzalez

District Court, S.D. Texas · May 19, 2022

A state procedural ground is “independent” of federal law when the state court has “clearly and expressly” indicated that its judgment rests on a state procedural bar. … In addition, Garrett does not describe the contents of the videotape or explain how it establishes his innocence.

United States v. Cox

73 F. Supp. 2d 751 · District Court, S.D. Texas · Jan 8, 1999

It held: We are unable to discern the sort of “unambiguous directions from Congress” that would justify a judicially created work-product immunity for tax accrual workpapers summoned under §• 7602. … The importance of keeping source code confidential and the risks of disclosure to competitors are well established.

Allen v. O'Malley

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

Even so, Plaintiff has not established that such an error is not harmless. … ‘“The ALJ must clearly consider the severe impairments in determining the claimant’s RFC, not necessarily assess limitations for each severe impairment.’” Id.

Rodriguez v. Harris County

964 F. Supp. 2d 686 · District Court, S.D. Texas · Aug 1, 2013

voters thereof one County Commissioner, who shall hold his office for four years and until his successor shall be elected and qualified. … Murray, this data clearly shows that Precinct 2 is not a Latino opportunity district because the Latino share of Precinct 2’s citizen voting age population and the percentage of Spanish-surname registered voters in the *718

Halliburton Energy Services, Inc. v. NL Industries

648 F. Supp. 2d 840 · District Court, S.D. Texas · Aug 18, 2009

Before considering the indemnity provisions in the relevant leases, the equitable factors addressing comparative fault do not clearly establish, as a matter of law, that Georgia-Pacific should be allocated zero responsibility … But the documents at issue here also qualify as ancient documents and Milwhite has not identified any basis for suspicion about their authenticity.

Advon Corporation v. Coopwood's Air Conditioning, Inc.

District Court, S.D. Texas · Feb 4, 2021

Allegations of a breach of contract will survive dismissal on the pleadings “if they are ‘clearly based on contractual provisions.’” … Coopwoods alleges, “Relevant held itself out as a qualified and reputable subcontractor/supplier with the requisite skills and expertise necessary to provide accurate information regarding the equipment it was supplying

Winter v. Kijakazi

District Court, S.D. Texas · Aug 31, 2023

The claimant bears the burden of proof at the first four steps to establish that a disability exists. Farr v. Astrue, No. G-10-205, 2012 WL 6020061, at *2 (S.D. Tex. Nov. 30, 2012). … These added restrictions clearly address Plaintiff’s moderate limitation in concentration, persistence, and maintaining pace. See Linda Michelle M. v.

OneSubsea IP UK Limited v. FMC Technologies, Inc.

District Court, S.D. Texas · Dec 10, 2020

Expert opinions that are inconsistent with the established constructions of claim terms are irrelevant and unhelpful to the factfinder. See, e.g., Mission Pharmacal Co. v. … Indeed, Parks testified clearly and unequivocally that there is “one single flowpath in and out. . . . there is only one flowpath.