Case law

Taylor v. Bank One, Texas, N.A.

137 B.R. 624 · District Court, S.D. Texas · Feb 18, 1992

power to establish a successor trust to the MEBA Trust. … Such filing shall comply with the format established in Johnson v. Georgia Highway Express.

Lee v. UTMB Health of Clear Lake

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

This Section, titled “Civil action for death or personal injury in a place subject to exclusive jurisdiction of United States,” clearly governs entities subject to exclusive jurisdiction of the United States. … To make out a prima facie case of discrimination under the ADA, a plaintiff must plead: “(1) that he is a qualified individual within the meaning of the ADA; (2) that he is being excluded from participation in, or being

KHC LLC v. Ogg

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

The defendants further assert that even if any such claim has been alleged, it is defeated by qualified immunity. … The pleadings also fail to establish that DA Ogg is not entitled to official immunity under Thompson. See Thompson v. Upshur County, Texas, 245 F. 3D 447, 456-57 (5th Cir. 2001).

Drain v. Galveston County

979 F. Supp. 1101 · District Court, S.D. Texas · Oct 7, 1997

Clearly, these facts, if true, establish a violation of Joe Drain’s Fourth Amendment right to be free from excessive force and his Fourteenth Amendment right to due process of law. … These factual allegations clearly meet the threshold necessary to preclude Rule 12(b)(6) dismissal.

Donald Lynn Thompson, Jr. v. Matagorda County, et al.

District Court, S.D. Texas · Aug 5, 2026

Thompson’s conclusory allegation that he suffered “[e]xacerbation” of “severe, known physical disabilities (deteriorating shoulders, hips, and knees)” does not suffice to establish an injury that would qualify for … Thompson 3 As established above, Judge Sanders has absolute judicial immunity irrespective of the merits of Thompson’s malicious prosecution claim. advances no such allegations.

Young v. Houston Lighting & Power Co.

11 F. Supp. 2d 921 · District Court, S.D. Texas · Jun 24, 1998

To establish a prima facie case of sex discrimination based on a promotion denial, a plaintiff must demonstrate that: (1) she was a member of a protected group; (2) she applied for a position for which she was qualified; … Similarly, to establish a pri-ma facie case under Title VII based on differential treatment, a plaintiff must demonstrate that: (1) she belongs to a protected group lie., she is female); (2) she was qualified for the position

Gay v. Wheeler

363 F. Supp. 764 · District Court, S.D. Texas · Aug 8, 1973

The District’s actions with respect to plaintiff fall within the exception so clearly articulated by the Supreme Court in Chicot County Drainage District v. Baxter, supra. … As noted in Finding of Fact 6, when the time had clearly come, the District voluntarily unitized its public school system.

Noel v. Shell Oil Co.

261 F. Supp. 3d 752 · District Court, S.D. Texas · Aug 16, 2017

Noel’s evidence, along with the evidence of pretext, clearly present issues for a jury to resolve. … See id To establish a prima-facie case of discrimination, the plaintiff must show that she: (1) is a member of a protected class; (2) was qualified for her position; (3) suffered an adverse employment action; and (4) was

Cushman v. GC SERVICES, LP

657 F. Supp. 2d 834 · District Court, S.D. Texas · Aug 13, 2009

The Texas Supreme Court has “recognized at least two requirements that must be established for a person to qualify as a consumer under the DTPA.” Sherman Simon Enter., Inc. v. Lorac Serv. … -El Paso 1995) (noting that “the DTPA is clearly consumer protection legislation”).

Hawk v. Engelhart (In re Hawk)

556 B.R. 788 · District Court, S.D. Texas · Aug 29, 2016

Thus, § 522(c) “essentially ‘immunizes’ exempt property against any liability for prepetition debts.” In re Reed, 184 B.R. 733, 738 (Bankr.W.D.Tex.1995)(citations omitted). … "so all parties may then freely pursue their rights with regard to the exempt property," and to establish “a notice procedure to alert the debtors that the property claimed as exempt cannot be so treated until the controversy

Young-Trezvant v. Lone Star College System

District Court, S.D. Texas · Oct 27, 2023

These claims are clearly the former. … Indeed, the Fifth Circuit has written that “making a general complaint about mistreatment or hostile work environments does not qualify as protected activity under Title VII.” Quintero v.

Tesco Corp. v. Weatherford International, Inc.

722 F. Supp. 2d 755 · District Court, S.D. Texas · Aug 5, 2010

But, simply because a court is the first to rule on a question or counsel disagrees on applicable precedent does not qualify the issue as one over which there is substantial disagreement. Id. (citing 4 Am. … Tesco does offer any legal or factual evidence that legitimately calls into question NOV’s immunity from damages for direct infringement as to these devices.

Herrera v. CTS Corp.

183 F. Supp. 2d 921 · District Court, S.D. Texas · Jan 15, 2002

Once the movant establishes the absence of a factual dispute, the burden shifts to the nonmovant to show that summary judgment is inappropriate. … To establish a prima facie case under the ADA, a plaintiff must show that he is a “qualified individual with a disability.” See Holtzclaw v. DSC Communications Corp., 255 F.3d 254, 258 (5th Cir.2001).

Rayha v. United Parcel Service, Inc.

940 F. Supp. 1066 · District Court, S.D. Texas · Oct 11, 1996

The handling and processing of packages containing potentially hazardous materials is at the heart of a DMP clerk’s job and clearly bears more than a marginal relationship to the job at issue. … The principle that an employee is entitled only to a reasonable accommodation and not to the preferred accommodation is firmly rooted in caselaw established under both the ADA and the Rehabilitation Act. Carter v.

Emergency Health Centre at Willowbrook, L.L.C. v. Unitedhealthcare of Texas, Inc.

892 F. Supp. 2d 847 · District Court, S.D. Texas · Aug 31, 2012

Section § 1301.069 requires UHC to pay EHC for emergency services only if EHC qualified as a provider. … Section 108.002(10) of the Health & Safety Code provides that a birthing center and a freestanding imaging center both qualify as a “health care facility,” and UHC has not established that an entity must be licensed to be

Gonzales v. P.T. Pelangi Niagra Mitra Int'l

196 F. Supp. 2d 482 · District Court, S.D. Texas · Apr 18, 2002

Rather, an alternative forum qualifies as “adequate” as long as the parties will be treated fairly and will not be deprived of all remedies there. … Put another way, the remedy provided by the foreign forum qualifies as inadequate only when it amounts to “no remedy at all.” Piper, 454 U.S. at 254 , 102 S.Ct. at 265 .

Gonzalez v. Degollado

District Court, S.D. Texas · Nov 29, 2021

immunity, and qualified immunity. … App’x 603, 604–05 (5th Cir. 2004) (absolute judicial immunity); Burnett v. Denman, 368 F. App’x 603, 604 (5th Cir. 2010) (qualified immunity for county clerks); Torres v. All Dist. Ct.

F.F. v. City of Laredo

912 F. Supp. 248 · District Court, S.D. Texas · Dec 13, 1995

To qualify for relief under the Act, Plaintiff must establish the following: (1) that he was an “individual with handicaps;” 3 (2) that he was “otherwise qualified;” (3) that he worked for a “program or activity” that received … The relevant D.O.T. regulations clearly state that a person should not drive a motor vehicle unless he is physically qualified to do so. 49 C.F.R. § 391.41 (a).

Udoewa v. Plus4 Credit Union

754 F. Supp. 2d 850 · District Court, S.D. Texas · Nov 15, 2010

A plaintiff may create a fact issue by providing or identifying evidence that he was “clearly better qualified” than the employee chosen for the position, not merely “similarly qualified.” Sabzevari v. … Select Plan, 167 Fed.Appx. 377, 383 (5th Cir.2006) (applying the “clearly better qualified” standard, post-Asfc).

Todd v. Academy Corp.

57 F. Supp. 2d 448 · District Court, S.D. Texas · Aug 5, 1999

To establish a prima facie case of discrimination under the ADA, Plaintiff must show that: (1) he suffers from a disability; (2) he is a qualified individual for the job in question; and (3) an adverse employment decision … It is uncontro-ve~ted that during a seizure Plaintiff is not able to work, walk, talk or think very clearly.