Case law

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.

Enron Corp. Savings Plan v. Hewitt Associates, L.L.C.

258 F.R.D. 149 · District Court, S.D. Texas · Mar 19, 2009

If so, the Court should order them produced because they are clearly relevant. Haensel v. Chrysler Corp., No. Civ. A. 96-1103, 1997 WL 537687 , *11 (E.D.La. … Customer complaints about the NTRC system, which is at the core of this action, are clearly relevant.

In Re Refined Petroleum Products Antitrust Litigation

649 F. Supp. 2d 572 · District Court, S.D. Texas · Jan 9, 2009

Petitioners point out, however, that the facts necessary to establish respondent’s claim will also establish that the contract was unlawful. … under the FSIA [Foreign Sovereign Immunities Act]. 49 The court does not read Walter Fuller as so holding.

Egner v. Texas City Independent School District

338 F. Supp. 931 · District Court, S.D. Texas · Feb 11, 1972

It has established a central agency as ‘the policy-forming and planning body for the public school system of the state.’ Tex.Educ.Code Ann. § 11.24(a). … By reason of their familiarity with local conditions and their close proximity to the all-important factual setting, state trial courts are uniquely qualified to perform this “delicate and difficult” task. C.

Johnson v. Hurtt

893 F. Supp. 2d 817 · District Court, S.D. Texas · Jul 25, 2012

While Plaintiff may arguably qualify as an “official,” this provision does not clearly and unambiguously demonstrate that Congress intended to address the individual concerns of officials in sharing information with ICE. … In establishing a uniform rule of naturalization, Congress enacted the Immigration and Nationality Act (“INA”), which “established a ‘comprehensive federal statutory scheme for regulation of immigration and naturalization

Houston Contractors Ass'n v. METRO. TRANSIT AUTH. OF HARRIS CTY.

984 F. Supp. 1027 · District Court, S.D. Texas · Nov 13, 1997

The lower costs would come through competition itself and through attracting the best qualified people in the whole community for a particular job. … Neither the federal nor state statute clearly requires the program as Metro apparently administers it.

United States v. Angleton

269 F. Supp. 2d 878 · District Court, S.D. Texas · Jun 10, 2003

The jail notes do not qualify as dying declarations under Rule 804(b)(2). B. … There are no circumstances clearly indicating trustworthiness disclosed in the present record.

Sabala v. Western Gillette, Inc.

371 F. Supp. 385 · District Court, S.D. Texas · Feb 26, 1974

The testimony at trial and the evidence established that of the qualified class members ten would have accepted over-the-road employment anywhere in the Southern Conference and thirteen of the qualified class members limited … It is clearly in the discretion of the court, once having found intentional unlawful employment practices, to order, as part of the affirmative action necessary to obviate such unlawful employment practices, that the party

Lee v. City of Corpus Christi

749 F. Supp. 2d 521 · District Court, S.D. Texas · Sep 3, 2010

She may do so either by showing that she was clearly better qualified for the position or by showing that the City’s explanation is false or unworthy of credence. Burrell v. Dr. … This evidence is simply insufficient to show that she was better qualified for the position.

Nweme v. The United States of America

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

A complaint lacks an arguable basis in fact when the facts alleged are “clearly baseless,” “fanciful,” “fantastic,” or “delusional.” Denton v. Hernandez, 504 U.S. 25, 32 (1992) (quoting Nietzke v. … United States, 281 F.3d 158, 165 (5th Cir. 2001) (“A court exercising its equitable authority may not expand its jurisdiction beyond the limits established by Congress.”).

Burns v. Vowell

424 F. Supp. 1135 · District Court, S.D. Texas · Aug 30, 1976

Burns has no adequate legal remedy, and her eviction would clearly impair the Court’s ability to render a final judgment. … The weight of the relative harms is clearly in favor of Plaintiffs.

Atwell v. United States

339 F. Supp. 425 · District Court, S.D. Texas · Feb 29, 1972

Both of these institutions are qualified charities under the provisions of 26 U. S.C. § 2055. … One, the trustee attempted by. what in essence was a brash bookkeeping entry to transfer the income beneficiary that which was clearly principal. See Miami Beach First National Bank v.

Gardner-Douglas v. Tunsel

District Court, S.D. Texas · Aug 27, 2024

This includes the basic requirement that the facts plausibly establish each required element for each legal claim. … was qualified for the job; and (3) he was subject to an adverse employment decision on account of his disability.’”

Weed v. Sidewinder Drilling, Inc.

245 F. Supp. 3d 826 · District Court, S.D. Texas · Mar 29, 2017

While employed by Sidewinder, Weed was a “qualified individual with a disability,” was a qualified individual with a record of disability, and/or was regarded by Defendant as a person with a disability under the ADA. … The Court agrees with Judge Stacy that “[t]he statements in paragraphs 3,4,5,7, and 11 of Jason Weed’s affidavit do not clearly, directly, and irreconcilably contradict his deposition testimony.” # 38, p. n.1.

Greater Houston Transportation Co. v. Uber Technologies, Inc.

155 F. Supp. 3d 670 · District Court, S.D. Texas · Dec 18, 2015

However, this language clearly limits the scope of Uber’s claims. (Instrument No. 107-7). … The Ony Court found that publication and dissemination of a scientific study that had the effect of touting a company’s product is *690 noncommercial speech and was thereby immune from the false advertising provisions of

Hernandez v. City of Corpus Christi

820 F. Supp. 2d 781 · District Court, S.D. Texas · May 17, 2011

Smith thus concluded that Plaintiff “was not the best qualified captain for the promotion,” and instead believed Moseley to be the most qualified. (D.E. 25-47.) … More is needed to establish causation.

Tucker v. State Farm Fire & Casualty Co.

981 F. Supp. 461 · District Court, S.D. Texas · Oct 22, 1997

.; Plaintiff established that he was in Austin, a three hour drive away, at 7:41 a.m. … Whether State Farm’s denial is erroneous is clearly a fact issue for the trier of fact in this case.

Bruce W. v. Blue

67 F. Supp. 2d 686 · District Court, S.D. Texas · May 27, 1999

While municipal liability .based on inadequate training is difficult to establish, Plaintiffs have alleged facts that support such a theory. … Plaintiffs clearly have alleged a violation of Justin Smith’s Fourteenth Amendment right to medical protection against his own suicidal intentions. See Rhyne v. Henderson County, 973 F.2d 386, 391-92 (5th Cir.1992).

Skinner v. Brown

951 F. Supp. 1307 · District Court, S.D. Texas · Oct 31, 1996

As to her claims for denial of promotion generally and to the position of Rehabilitation Clinical Nurse Specialist, Plaintiff is required to establish that she was “clearly better qualified” than the person who received the … for the appointment, clearly suffice as non-discriminatory reasons for the denial of this promotion.

Kutka v. Temporaries, Inc.

568 F. Supp. 1527 · District Court, S.D. Texas · Aug 15, 1983

The Illinois rule is clearly a minority position. … In any event, the subsequent Frankiewicz decision is clearly controlling.