Case law

Berlanga v. Reno

56 F. Supp. 2d 751 · District Court, S.D. Texas · May 25, 1999

The Court thus concludes that Petitioner’s constitutional arguments qualify for review to the extent the Court were held to have subject matter jurisdiction over Petitioner’s habeas petition. 26 C. … Congress clearly meant to streamline judicial review, and it seems perverse to find that the new laws actually added a layer of review in the district courts that did not generally exist before.

FMC Technologies, Inc v. OneSubsea IP UK Limited

District Court, S.D. Texas · Sep 24, 2019

OneSubsea argues also that, if the on-sale bar applies to sales by third parties, FMC has failed to present evidence to establish the requirements for the on-sale bar in this case. … The Federal Circuit clearly stated a general rule that “sales or offers by one person of a claimed invention will bar another person from obtaining a patent if the sale or offer is made [prior to the critical date].”

Pfifer v. Sedgwick Claims Management Services Inc.

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

A plan administrator or fiduciary’s “decision to deny benefits must be ‘based on evidence, even if disputable, that clearly supports the basis for its denial.’” Lain, 279 F.3d at 342 (quoting Vega v. … Here, Sedgewick has established that its decision to deny the plaintiff’s claim for benefits was based on substantial evidence. Sedgewick reasonably relied on the opinion of Dr.

Vazquez Barrera v. Mayorkas

District Court, S.D. Texas · Sep 21, 2020

As to the staff, the court observed that “staff clearly go in and out of the institution and mix to varying degrees with family and the public.” Id. … Plaintiffs will submit a brief in support of granting bail for each qualifying Plaintiff. 2. Defendants will then be given 48 hours to file a response. 3.

Bell v. Lumpkin-Director TDCJ-CID

District Court, S.D. Texas · Sep 15, 2022

This Court, therefore, can only grant relief if “the state court’s adjudication of the merits was ‘contrary to, or involved an unreasonable application of, clearly established Federal law.’” Berghuis v. … The Court finds Jennifer Pollock to be a qualified DNA analyst based on her educational background, training, qualifications, and 13 years of analysis experience. (SX C, SXD). 22.

Wilco Marsh Buggies and Draglines Incorporated v. Houston Heavy Machinery, LLC

District Court, S.D. Texas · May 24, 2022

Bennett, a naval architect and engineer who qualifies as a person of ordinary skill in the art. … To act as its 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. at *4 (citations omitted).

Herrero v. Davis

District Court, S.D. Texas · Sep 2, 2020

Because the pending petition was filed well after April 24, 1996, the one- year limitations period clearly applies. See Flanagan v. Johnson, 154 F.3d 196, 198 (5th Cir. 1998) (citing Lindh v. … To qualify under the miscarriage of justice exception, evidence must be “‘material, not merely cumulative or impeaching.’” Vega v. Johnson, 149 F.3d 354, 364 (5th Cir. 1998) (quoting Lucas v.

Frank's Nursery LLC v. Walsh

District Court, S.D. Texas · Jul 14, 2022

To request H-2A workers, an employer must seek certification from the Department of Labor that (1) “there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place … These regulations do not mention drug testing, 28 C.F.R. § 1472.635, and 48 C.F.R. § 52.223-6, and the Act, 41 U.S.C. § 81 et seq., does not establish a drug testing requirement.

Salvex, Inc. v. Transfair North America International Freight Services, LLC

District Court, S.D. Texas · Aug 12, 2020

Defendants do not dispute, for purposes of summary judgment, that they qualify as “insiders” under TUFTA or that TransProject was insolvent at the time of the alleged transfers. … However, in the next round of briefing, the parties should expressly and clearly set forth their arguments regarding the applicability of any provision of § 21.223 and the interaction of that section with the U.S.

Marshall v. Davis

District Court, S.D. Texas · Mar 31, 2025

The AEDPA’s requires that a petitioner show that the state court’s decision was either “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the … The Fifth Circuit has observed that “[e]vidence does not qualify as ‘new’ . . . if ‘it was always within the reach of [an inmate’s] personal knowledge or reasonable investigation.’” Hancock v.

Bryant v. Intercontinental Terminals Company LLC

District Court, S.D. Texas · Jun 21, 2023

Federal Rule of Evidence 702 provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise … “[T]o maintain a class action, the class sought to be represented must be adequately defined and clearly ascertainable.” Cleven, 20 F.4th at 176 (quoting Union Asset Mgmt. Holding A.G. v.

Munoz v. Intercontinental Terminals Company LLC

District Court, S.D. Texas · Jun 21, 2023

Federal Rule of Evidence 702 provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise … “[T]o maintain a class action, the class sought to be represented must be adequately defined and clearly ascertainable.” Cleven, 20 F.4th at 176 (quoting Union Asset Mgmt. Holding A.G. v.

Klick v. Cenikor Foundation

District Court, S.D. Texas · Apr 6, 2022

This model generally aims to teach social functioning and education and vocational skills to participants through a highly regulated regimen with clearly stated expectations. See Doc. 166 at 3. … First, there is no evidence that he was loading trucks that belonged to ATCO, one of Cenikor’s Vocational Business Partners, while he was working there; this is essential for him to qualify for the MCA exemption.

Hull v. Berryhill

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

Muehe clearly found Plaintiff capable of work limited to operating simple equipment, with ample time and instruction, limited number of steps, access to a supervisor, and experiential training … Even so, Plaintiff only briefly exhibited psychotic symptoms, an insufficient period of time to qualify longitudinally for disability.

D.C. v. Klein Independent School District

District Court, S.D. Texas · May 29, 2020

To determine whether the IEP is reasonable, I must apply the four-factor test established by the Fifth Circuit two decades ago in Michael F, 118 F.3d at 253. … .3d 458, 475 (5th Cir. 2009) (“Under the abuse of discretion standard, a district court’s decision to award attorneys’ fees will not be disturbed unless the award is based on (1) an erroneous view of the law or (2) a clearly

Auto-Dril, Inc. v. Nat'l Oilwell Varco, LP.

304 F. Supp. 3d 587 · District Court, S.D. Texas · Apr 11, 2018

The court denied the motion to strike, finding that Miller qualified as a person of ordinary skill in the art and that "[t]he extent to which Miller's experience or education may impact his conclusions can be explored by … Cir. 2008) (a claim that used functional language was not indefinite because it was "clearly limited to a[n apparatus] possessing the recited structure and capable of performing the recited functions"); Synqor, Inc. v.

Copeland v. Berryhill

District Court, S.D. Texas · Jun 28, 2021

Similarly, Plaintiff presented sufficient evidence to establish the “severity” requirement of his SOD impairment. … He is currently on what I would call ‘polypharmacy,’ and this has clearly impacted his life.” R. 2158 (10/29/15). When Plaintiff began seeing Dr. Uzodinma, Dr.

Wagner v. Harris County, Texas

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

Additionally, with respect to numerosity, “[t]he number of incidents and other allegations necessary to establish a pattern representing a custom, on a motion to dismiss, varies.” Saenz v. City of El Paso, 637 F. … Despite Defendant’s entreaties, the Court cannot ignore what Plaintiffs allegations clearly assert: the Jail has a policy or custom of permitting excessive force against detainees, failing to provide medical

DM Arbor Court, Ltd. v. The City Of Houston

District Court, S.D. Texas · Aug 17, 2022

I pretty clearly heard you say zero, in excess of zero, and I jumped on it, and I wrote it down. A. Here’s what I said. I said it’s zero given the amount of money that had to be invested. … Viewed in the light most favorable to the City, the record does not conclusively establish that it was uneconomical to do anything other than rebuild Arbor Court as it stood before Hurricane Harvey.

Union Tank Car Company v. Maxwell

District Court, S.D. Texas · May 21, 2021

Second, the defendants are precluded from claiming that Union Tank cannot pursue a claim for breach of the guaranty against NuDevco because that issue was clearly decided in, and necessary to, the Illinois judgment. … The Illinois judgment establishes NuDevco’s liability for breach of guaranty. (See Docket Entry No. 81-5); Union Tank Car, 123 N.E.3d at 1188.