Case law

Gantt

District Court, S.D. Texas · Apr 23, 2026

Whether a federal court has jurisdiction must “be established as a threshold matter” and “is inflexible and 2 without exception.” Webb v. … “The Eleventh Amendment bars an individual from suing a state in federal court unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity.” Perez v.

Lewis v. Rosenberg Police Department

District Court, S.D. Texas · Sep 30, 2024

The record clearly shows the officers are looking for persons as well as weapons. … Consequently, there was no violation of their 4th Amendment rights and therefore no need to continue the qualified immunity analysis to determine if the right violated is “clearly established.” Il.

Turco v. Hoechst Celanese Chemical Group, Inc.

906 F. Supp. 1120 · District Court, S.D. Texas · Dec 5, 1995

Thus, once the plaintiff has established a presumption of discrimination by meeting his prima facie burden, the defendant can rebut the presumption by articulating legitimate, nondiscriminatory reasons for the discharge. … Clearly, a store clerk position is much less physically strenuous, or mentally demanding, than a position involving the processing of hazardous chemicals.

Mitchell v. Sisters of Charity of Incarnate Word

924 F. Supp. 793 · District Court, S.D. Texas · Mar 12, 1996

Defendant’s argument that those chosen for the PCO positions were academically more qualified is likewise without merit. … The record clearly establishes that Plaintiffs were denied training to their detriment and to the benefit of younger and less qualified employees.

Ashagre v. Southland Corp.

546 F. Supp. 1214 · District Court, S.D. Texas · Sep 8, 1982

The court in Marks found that, to establish a prima facie case of employment discrimination in a discharge, the plaintiff must show that 1) he is *1219 a member of a protected class; 2) he was qualified for the job from which … Even where the facts of a case fail to meet the rigid four-prong test, a prima facie case may be established where plaintiff has introduced evidence that he was discharged from the position for which he was qualified “under

Kuuriraya

District Court, S.D. Texas · Apr 24, 2026

Plaintiff is clearly aware of Defendant’s motion and has had nearly two months to attempt to obtain a copy. … Similarly, the ADA prohibits employers from discriminating against a “qualified individual on the basis of disability.” 42 U.S.C. § 12112(a).

Collins

District Court, S.D. Texas · May 11, 2026

has overridden the immunity. … Here, Plaintiff clearly named only FDOR, a state agency immune from suit, and did not name any individual state officials. As such, Plaintiff’s suit against FDOR is barred by sovereign immunity.

In Re MCorp Financial, Inc.

139 B.R. 820 · District Court, S.D. Texas · Apr 23, 1992

The bankruptcy court found that the debtors failed to establish that their plan was in the best interest of. the creditors, violating section 1129(a). … Many of the issues implicated are fact intensive questions that do not qualify for an interlocutory appeal.

Elstner v. Southwestern Bell Telephone Co.

659 F. Supp. 1328 · District Court, S.D. Texas · Apr 29, 1987

As such, plaintiff’s first claim against the unions is clearly time-barred. 8. … Second, after establishing that he is handicapped, plaintiff must establish that he is a “qualified handicapped individual,” that is one who is capable of performing the job in question with or without reasonable accomodation

Pritchard v. Spring Branch Independent School District

308 F. Supp. 570 · District Court, S.D. Texas · Jan 22, 1970

The established and uniform practice of the Board of Trustees is to vest in each individual building principal the authority to promulgate and enforce standards for ac-beptable male hair grooming in school. … As indicated heretofore, this is clearly not this Court’s reading of the recent Griswold decision. (1965).

In Re Enron Corp. Securities, Derivative & ERISA

284 F. Supp. 2d 511 · District Court, S.D. Texas · Oct 16, 2003

As a threshold matter, the Court finds that Plaintiffs’ pleadings have raised material issues as to whether the Savings Plan qualifies as a § 404(c) plan, entitling Defendants to immunity from liability for investment decisions … Many 401(k) plans are established to qualify as § 404(c) plans.

Dennison v. The State of Texas

District Court, S.D. Texas · Apr 26, 2024

The court dismissed the plaintiffs’ claims against various state employees as barred by the employees’ qualified immunity. Id. … Eleventh Amendment Immunity.

Hydril Co., LP v. Grant Prideco, LP

385 F. Supp. 2d 609 · District Court, S.D. Texas · Aug 25, 2005

Specifically, Defendants argue that Plaintiffs have failed to allege facts establishing that they have standing to assert the antitrust claim because they have not alleged an injury-in-fact, antitrust injury, or that Hydril … Because a Walker Process claim is aimed at removing patent law immunity from antitrust claims, the level of enforcement required for a Walker Process claim is an issue associated with patent law and Federal Circuit law rather

Robbins v. Fragrance Impressions Ltd.

952 F. Supp. 427 · District Court, S.D. Texas · Mar 31, 1996

If the Court considers the resumes evidence, then Plaintiff clearly is less qualified than Mr. Unger. … Plaintiff, however, has not established that (i) she was qualified for this position, or (ii) that she expressed to anyone that she wanted it at the time.

McManaway v. KBR, Inc.

906 F. Supp. 2d 654 · District Court, S.D. Texas · Dec 4, 2012

Finally, Task Order 3 also stated that “[t]he Contractor shall establish a safety and health program.” (Instrument No. 217-9 at 7). … The FTCA provides a waiver of sovereign immunity for tort suits against the government. See 28 U.S.C. §§ 1346 (b), 2671-80.

Mpiliris v. Hellenic Lines, Limited

323 F. Supp. 865 · District Court, S.D. Texas · Aug 31, 1970

Section 136 of the Greek Penal Code clearly codifies a national policy against such marriages. … Although it is not necessary to the establishment of defendants’ liability in this case, the evidence also clearly shows that the death of Ioannis Biliris was proximately caused by the unsoaworthiness of the S/S HELLENIC

Dortch v. Memorial Herman Healthcare System-Southwest

525 F. Supp. 2d 849 · District Court, S.D. Texas · Nov 28, 2007

The Court will also presume, for the purposes of this discussion, that Dortch was qualified for the position he held. Dortch, however, has failed to establish the other elements of a prima facie case. … A plaintiff in such a case must provide evidence that he was “ ‘clearly better qualified’ than the employee selected for the position at issue.” Celestine v.

Burks v. United States

116 F. Supp. 337 · District Court, S.D. Texas · Aug 6, 1953

Such employees are still citizens and their employment by the Government is no cloak of immunity. … Clearly this is an instance of an expense or loss to the Government, arising from negligence, where the Government’s obligation is fixed by federal statute.

Adhikari v. Daoud & Partners

697 F. Supp. 2d 674 · District Court, S.D. Texas · Nov 3, 2009

in reliance on the promise of future immunity from suit in United States courts.” … The Court finds this sufficient to establish that the trafficking and forced labor alleged in this FAC qualify as universal international norms under Sosa , such that they are actionable under ATS.

Nugent v. City of Houston

159 F. Supp. 2d 529 · District Court, S.D. Texas · Jul 20, 2001

Under that framework, the plaintiffs must establish a prima facie case of discrimination.. See id. at 1824. … To establish a prima facie case of reverse discrimination based on race, plaintiffs must establish: (1) that they are members of a protected group; (2) that they were qualified for the employment positions they sought; (3