Case law

Washington v. Occidental Chemical Corp.

24 F. Supp. 2d 713 · District Court, S.D. Texas · Oct 6, 1998

Plaintiff cannot establish a prima facie case of discrimination under the ADA because she can show neither that she has a “disability” as defined by the ADA nor that she is a “qualified individual.” … Assuming in the alternative that Plaintiff does have a “disability” as defined by the ADA, she cannot establish a prima facie case of discrimination because she cannot show that she is a “qualified individual.”

United States v. Buck

356 F. Supp. 370 · District Court, S.D. Texas · Jan 16, 1973

That theory is clearly appropriate here. As a banker operating with the trust and confidence of the community, Moody has the highest fiduciary and financial obligations to society. … Any of the requested records which are in those boxes are immune from Internal Revenue discovery.

Polk v. Texas Department of Insurance

District Court, S.D. Texas · Mar 18, 2025

A well-qualified finance professor there asserted that he was “able and ready” to apply for a teaching position, but he hadn’t yet applied. Id at *1. … The burden is on the party asserting jurisdiction to establish by a preponderance of the evidence that it is proper.

Dyke v. Heitkamp

119 B.R. 536 · District Court, S.D. Texas · Apr 10, 1990

If the state statute is in conflict with a federal statute, the state statute is clearly preempted. *539 Mackey v. Lanier Collections Agency & Service, Inc., 486 U.S. 825 , 108 S.Ct. 2182 , 100 L.Ed.2d 836 (1988). … Section 42.0021 simply adds another property exemption to the list of exemptions already established by state law.

United States v. Kurdyukov

75 F. Supp. 2d 660 · District Court, S.D. Texas · Nov 8, 1999

From the record, it clearly appears that the defendant actually received the full benefits of American constitutional procedure. … Lomberar-Camorlinga, 170 F.3d 1241, 1243 (9th Cir.l999)(“where treaty provisions establish individual rights, these rights must be enforced by the courts of the United States at the behest of the individual.”).

Doe v. Texas Southern University

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

Plaintiff failed to show that either sovereign immunity does not apply to her claims or Texas has waived its sovereign immunity as to the claims raised. … Absent surmounting that obstacle, Plaintiff cannot establish a substantial likelihood of success on the merits. Cf. Atakapa Indian de Creole Nation v.

Evers v. Powell

238 F. Supp. 787 · District Court, S.D. Texas · May 27, 1964

The answer to the question posed by that issue depends on the time period established in the applicable statute. But it is in determining which statute is applicable that the parties disagree. … This general rule, however, is qualified to some extent.

Blessett v. Texas Office of the Attorney General Galveston County Child Support Enforcement Division

District Court, S.D. Texas · Aug 27, 2019

The court also established Blessett’s paternity over a child born during the marriage and ordered him to pay child support payments of $800 each month. Id. … Evidence that (1) the complaint listed the state as well as the individual employee as a defendant, and (2) that the employee never asserted the defense of qualified immunity favors a finding that the employee was sued

Ulrich v. Exxon Co., USA, a Div. of Exxon Corp.

824 F. Supp. 677 · District Court, S.D. Texas · Jun 4, 1993

manner, an inapropos joke, being mistakenly accused of absenteeism, lower evaluations than merited, being characterized as having an “attitude problem,” and being aggressively questioned without time for response — fall clearly … A prima facie case may also be established by showing that the plaintiff was within a protected class, he was qualified for the job in question, and employees outside the protected class were treated more favorably.

Weeks v. Coury

951 F. Supp. 1264 · District Court, S.D. Texas · Mar 29, 1996

First, Defendants argue that Plaintiff cannot establish a prima facie case of race discrimination because Plaintiff did not have a B.S.M.E. and therefore was not qualified for the position from which he was terminated. 31 … Plaintiff does not qualify for its graces, even if adequate time had passed for the doctrine to be invoked as a matter of law.

Westside Ventures, Ltd. v. Houston Community College System

District Court, S.D. Texas · Mar 29, 2024

A district court has discretion to deny motions for reconsideration and only “abuses its discretion when its ruling is based on an erroneous view of the law or a clearly erroneous assessment of the evidence.” … SOVEREIGN IMMUNITY “A municipal government enjoys immunity from suit unless its immunity has been waived.” City of Houston v.

Bush v. Martin

224 F. Supp. 499 · District Court, S.D. Texas · Mar 2, 1964

There has been no holding by the Supreme Court on the question [50] and there is no clearly discernible constitutional or statutory mandate. [51] The State of Texas has not in any way waived its immunity, either inherent … what it did not establish in Baker v.

Bradley v. Phillips Chemical Co.

484 F. Supp. 2d 604 · District Court, S.D. Texas · Mar 22, 2007

., 68 F.3d 922, 928 (5th Cir.1995), this Court must follow the guidance of the Fifth Circuit until and unless a subsequent state court decision or statutory amendment renders the federal court of appeals’ interpretation clearly … To be qualified to render an expert opinion under Rule 702 of the Federal Rules of Evidence, a person must be shown to be qualified in that he has specialized "knowledge, skill, experience, training, or education” in the

Keys v. Sawyer

353 F. Supp. 936 · District Court, S.D. Texas · Jan 30, 1973

However, there is no language in the Constitution wherein the right of any person to an education is established, either expressly or by implication. Flemming v. … The statutory prerequisite for liability under § 1983 is a defendant who has acted “under color of state or local law” and a plaintiff who has been “deprived of constitutional rights, privileges or immunities.”

Teal v. City of Houston

523 F. Supp. 2d 555 · District Court, S.D. Texas · Oct 31, 2007

Municipalities and cities qualify as persons under § 1983. Monell v. Dep’t of Soc. Serv., 436 U.S. 658, 690 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). … Clearly, the nonmovant’s summary judgment burden may not be satisfied by conclusoty allegations, unsubstantiated assertions, metaphysical doubt as to the facts, or a scintilla of evidence.

Sanders v. Cambrian Consultants (CC) America, Inc.

132 F. Supp. 3d 853 · District Court, S.D. Texas · Sep 21, 2015

The defendant must, in fact, “show that there is no possibility that plaintiff would be able to establish a cause of action.” Id. … Sanders contends that she “clearly meets both prongs under the seaman status test delineated by Chandris ” because she “was an active crewmember participating in the function of the vessel” in that she “ate, slept and worked

Olvera Amezcua v. Garcia

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

has waived its immunity. … To establish a prima facie case under the Rehabilitation Act, a plaintiff must show that “(1) [he] is an individual with a disability under the Rehabilitation act; (2) [he] is otherwise qualified for participation in

Rincon Del Sol, LLC v. Lloyd's of London

709 F. Supp. 2d 517 · District Court, S.D. Texas · Apr 27, 2010

The Removing Defendants may establish improper joinder by: (1) showing “actual fraud in the pleading of jurisdictional facts”; or (2) showing an “inability of the plaintiff to establish a cause of action against the [local … And, the Pirelli court acknowledges that other courts have read this language to simply waive immunity and require an independent basis of jurisdiction in federal court. Id.

Chapman & Cole v. Itel Container International B.V.

116 F.R.D. 550 · District Court, S.D. Texas · Jul 22, 1987

What clearly does merit sanctions, however, is defendants’ incomplete answer to Interrogatory No. 4 contained in Plaintiff’s Fifth Set of Interrogatories. … The Rule 33 requirement that a party disclose its objections to an interrogatory applies to all privileges, including the work-product qualified immunity from discovery.

Jones v. FJC Security Services, Inc.

40 F. Supp. 3d 840 · District Court, S.D. Texas · Aug 19, 2014

In Texas, the qualifying state agency originally was the Texas Commission on Human Rights (“TCHR”). … For example, Plaintiff could show that she is clearly better qualified than the person who got the job, promotion, raise, etc., 6 or that the employer’s articulated reason is false by showing inconsistency in the employer