Case law

Mendoza v. Collier

District Court, S.D. Texas · Mar 17, 2023

“A complaint lacks an arguable basis in fact if, after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Berry v. … “To prevail on a claim of retaliation, a prisoner must establish (1) a specific constitutional right, (2) the defendant’s intent to retaliate against the prisoner for his or her exercise of that right, (3

Patterson v. Prudential Insurance Co. of America

693 F. Supp. 2d 642 · District Court, S.D. Texas · Mar 10, 2010

Perez’s assertion that Plaintiffs pain medications would impair his abilities to focus and think clearly. 113 Moreover, Dr. … The job lists several managerial duties, such as providing feedback to employees, project management, managing delivery of service to clients, establishing functional goals and monitoring progress. Id., ex. J at 5.

Waddleton v. Collier

District Court, S.D. Texas · Jan 27, 2022

the complaint at any time, in whole or in part, if it determines that the complaint is frivolous, malicious, or fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … Dkt. 45, at 2-3 (alleging that Collier is responsible for “ill-written” policies regarding disbursement of inmate funds); id. at 11 (seeking order from court enjoining Collier to change handbook to clearly permit

EF Hutton & Company v. Brown

305 F. Supp. 371 · District Court, S.D. Texas · Sep 18, 1969

Concluding the preliminary matters, the examining attorney advised Brown of his constitutional right to remain silent, explained that he lacked the power to grant any immunity from prosecution, and warned him of his criminal … The Court notes, additionally, that the record in this case clearly implies that Hutton and its New York counsel were aware of a latent conflict between Brown and Hutton even before Brown appeared to testify at the SEC hearing

Partain v. Mid-Continent Specialty Insurance Services, Inc.

838 F. Supp. 2d 547 · District Court, S.D. Texas · Jan 20, 2012

Partain does not qualify as an insured under the policies. (Id.) … Here, the evidence establishes that Mid-Continent did not receive all such material.

Perez v. Peake

373 B.R. 468 · District Court, S.D. Texas · Jul 19, 2007

is that the bankruptcy court in making this determination ‘must determine whether the debtor will be able to make those payments and ... comply with the plan.’ ”); In re Gregory, 143 B.R. 424, 427 (Bankr.E.D.Tex.1992) (“Clearly … case should be dismissed or converted to Chapter 7 because of prepetition bad faith conduct, including fraudulent acts committed in an earlier Chapter 7 proceeding, is tantamount to a ruling that the individual does not qualify

Deelen v. Jones

District Court, S.D. Texas · Aug 16, 2024

Jones filed his second Motion to Dismiss on March 11, 2024, asserting judicial immunity. (ECF No. 39.) … Injury Jackson Walker contends the Plaintiff has not suffered an injury sufficient to establish standing.

Camelot Event Driven Fund, A Series of Frank Funds Trust v. Alta Mesa Resources, Inc. f/k/a Silver Run Acquisition Corporation II

District Court, S.D. Texas · Jun 7, 2023

This includes the basic requirement that the facts plausibly establish each required element for each legal claim. … When 1933 Securities Act claims are grounded in fraud rather than negligence as they clearly are here, Rule 9(b) applies.”).

Sheffield v. Stewart Builders, Inc.

District Court, S.D. Texas · Mar 10, 2021

Eckerhart, 461 U.S. 424, 437 (1983) (stating that “the fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates”). … Notwithstanding Stewart’s contentions otherwise, with the exception of perhaps the law clerk, the other attorneys staffed on this case for which Sanford seeks reimbursement seem to be very qualified and Stiritz, Kinney

Ace American Insurance v. Huntsman Corp.

255 F.R.D. 179 · District Court, S.D. Texas · Sep 26, 2008

Without citation, IRIC argues that “[w]hether or not negotiation or mediation has occurred is clearly a strictly procedural matter that requires no analysis of the underlying claims of this suit.” … “Second, plaintiffs must establish ‘a causal connection between the injury and the conduct complained of.’ ” Id. (citation omitted).

Growtech Partners v. Accenture LLP

118 F. Supp. 3d 920 · District Court, S.D. Texas · Jul 13, 2015

relating to Navistar’s treatment of Medicare Part D subsidies and requesting further information about the company’s finances; in its next letter on April 6, 2011, Navistar simply provided an update as to its calculation of qualifying … Daim-lerChrysler Motors Co., LLC, 260 Fed.Appx. 497 , 500 n. 3 (3d Cir.2008) (" ‘Waiver’ is a voluntary and intentional abandonment or relinquishment of a known right and may be established by a party’s express declaration

Mayfield v. LTD Financial Services, L.P.

District Court, S.D. Texas · Sep 30, 2021

Congress “clearly intended the FDCPA to have a broad remedial scope.” Hamilton v. United Healthcare of La., Inc., 310 F.3d 385, 392 (5th Cir. 2002). … Thus, in this case, the qualifier “current” could lead an unsophisticated consumer to believe that there may be future creditors.

Aguacates Seleccionados JBR USA, LLC v. Bucks Fresh Produce, LLC

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

The grounds for default are clearly established, as Defendants have not answered or appeared. … Heritage Bank, 340 F.3d 361, 365 (6th Cir.2003)) (“The maximum time for payment for a shipment to which a seller, supplier, or agent can agree and still qualify for coverage under the trust is 30 days after receipt and

Doe v. William Marsh Rice University

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

taking reckless disregard, from which mental or bodily harm could result to any person” and expressed concern that his conduct “may qualify as dating violence” under the Sexual Misconduct Policy. … Your failure to clearly disclose this information to a sexual partner, and then subsequently engage in unprotected sex, was a reckless action from which mental or bodily harm could result to another person.”

Wilmar Oleo North America LLC v. Eastman Chemical Company

District Court, S.D. Texas · Jun 9, 2026

“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.” Tex. … In sum, Wilmar failed to establish that Killian’s opinions are relevant and reliable under Fed. R. Evid. 702. His opinions are therefore excluded.

Acute Care Ambulance Service, LLC v. Alex M. Azar II

District Court, S.D. Texas · Dec 3, 2020

And some decision by the Secretary is clearly required by the statute.”)). … In general, “a litigant may only assert his own constitutional rights or immunities.”78 Plaintiff asserts two potential exceptions.79 The first precedent cited was issued on the same day as Brown v.

IQBAL v. University of Texas Rio Grande Valley

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

Abraham on the established policies regarding his concerns on ‘hazardous material’? He has 32 Id. at 7. 33 Dkt. … To establish a prima facie case of discrimination under Title VII, Plaintiff must prove that he is “(1) is a member of a protected class; (2) was qualified for [his] position; (3) was subject to an adverse employment

Pirelli Armstrong Tire Corp. v. Dynegy, Inc.

226 F.R.D. 263 · District Court, S.D. Texas · Jan 3, 2005

William Lerach of Lerach Coughlin Stoia Geller Rudman & Robbins L.L.P., 42 and those of Schwartz, Junell, Campbell & Outhout, L.L.P., 43 and the Provost & Umphrey Law Firm L.L.P. as evidence that its chosen attorneys are well qualified … Because in Rosenzweig the Fifth Circuit clearly held that aftermarket purchasers who can trace their shares to a challenged registration statement may sue under § 11, the court is not persuaded that aftermarket purchasers

M.D. v. Abbott

152 F. Supp. 3d 684 · District Court, S.D. Texas · Dec 17, 2015

Most circuits consider this right “clearly established” for qualified immunity purposes. … See Tamas, 630 F.3d at 846-47 (surveying the circuit courts and finding that, by 1996, foster children had a “clearly established” liberty interest in safe foster care placements).

Refined Technologies, Inc. v. USA Debusk LLC

District Court, S.D. Texas · Feb 12, 2024

To act as his own lexicographer, the patentee must “clearly set forth a definition of the disputed claim term” and “clearly express an intent to define the term.” Id. (quotation omitted). … There is simply not enough evidence before me to conclude that RTI clearly and unmistakably meant to limit the meaning of “volatilizing” or “volatilized.”