Case law

Jones v. Dickerson

District Court, S.D. Texas · Nov 5, 2020

These claims are barred by Eleventh Amendment immunity. … The Court will determine the defendants’ respective entitlements to qualified immunity should plaintiff timely file an amended complaint sufficiently repleading one or more of the claims dismissed without prejudice in this

Dugas v. The United States Of America

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

A claim has no arguable basis in fact if “after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Talib v. … Ray, 386 U.S. 547, 554 (1967)). 4/9 “Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction

Ed & F Man Biofuels Ltd. v. Mv Fase

728 F. Supp. 2d 862 · District Court, S.D. Texas · Jul 23, 2010

. -, 129 S.Ct. 1937, 1940 , 173 L.Ed.2d 868 (2009)(5-4), the Supreme Court, applying the Twombly plausibility standard to a Bivens claim of unconstitutional discrimination and a defense of qualified immunity for government … That qualified immunity applies regardless of whether the conduct is wrongful for purposes of the underlying lawsuit. Id. The court may decide issues of justifiable reliance as a matter of law.

Toliver v. Experian Information Solutions, Inc.

973 F. Supp. 2d 707 · District Court, S.D. Texas · Sep 19, 2013

The “O” code, like the “OC” code, is clearly defined in the CRRG. … Hovnanian required a minimum credit score of 660 in order to qualify for a mortgage, 96 a reasonable jury might conclude that the impact that the LVNV account had on Toliver’s credit score caused her to no longer qualify

Rothfos Corp. v. M/V NUEVO LEON

123 F. Supp. 2d 362 · District Court, S.D. Texas · Apr 18, 2000

(quoting Harbert Int’l Establishment v. … This is clearly insufficient to establish his expertise under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), and Kumho *373 Tire Co. v.

Borden v. Fort Bend County

District Court, S.D. Texas · Mar 17, 2020

The Fifth Amendment Claim The Bordens contend that the Medical Defendants deprived Tacoma Borden of her clearly established rights under both the Fifth and the Fourteenth Amendments … The court denied a previous motion to invoke qualified immunity and dismiss the § 1983 claims against FBC Defendant Garza. Dkt 28.

Rainly Equipos de Riego v. Pentagon Freight Services, Inc.

979 F. Supp. 1079 · District Court, S.D. Texas · Sep 29, 1997

Consequently, the Court finds that Defendant qualifies as a carrier under COGSA. 2 Next, Plaintiff has established a prima facie case for recovery under COGSA by showing that the pipe was undamaged when delivered to Pentagon … Pentagon clearly had knowledge of the contents of each container, since it loaded the containers itself.

Arredondo Ex Rel. Lopez v. Brockette

482 F. Supp. 212 · District Court, S.D. Texas · Dec 19, 1979

In Shapiro, supra, the Court clearly noted that residency and one-year residency were two separate and distinct prerequisites for welfare assistance. 394 U.S. at 636 , 89 S.Ct. at 1332 , 22 L.Ed.2d at 616 . … Likewise, if a managing conservator is appointed, his domicile establishes that of the child. Id. § 14.02.

King v. Stevenson Beer Distributing Co.

11 F. Supp. 3d 772 · District Court, S.D. Texas · Mar 27, 2014

The evidence in the record clearly demonstrates that each sales team was a unit or subdivision of the sales department with permanent status and function at SBD and that King regularly directed the work of more than two full-time … “To establish disparate treatment!

Johnson v. Goodyear Tire & Rubber Company

349 F. Supp. 3 · District Court, S.D. Texas · Aug 10, 1972

However, there has never been any established procedure for transferring seniority from one department to another. … to insure that any employee seeking to exercise these transfer rights is reasonably qualified for the job sought.

Kelly Law Firm, P.C. v. an Attorney for You

679 F. Supp. 2d 755 · District Court, S.D. Texas · Dec 16, 2009

Defendants further promised to deliver 3800-5100 Qualified and Targeted Birth Injury Leads ... 4. … Conclusion Considering the relevant private and public interest factors, the court concludes that Calliope has not met its burden of establishing that the Southern District of California is clearly more convenient than the

Morris v. BC OLYMPIAKOS, SFP

721 F. Supp. 2d 546 · District Court, S.D. Texas · Jun 30, 2010

Stavropoulos states clearly that his declaration is premised solely “upon [his] review of the books and records of Olympiakos.” … Without more, such evidence does not help establish continuous and systematic contacts.

Pouncy v. Prudential Insurance Co. of America

499 F. Supp. 427 · District Court, S.D. Texas · Jul 9, 1980

Also, the evidence clearly demonstrated that current employee evaluations are, in fact, utilized in selecting employees for promotion. 72. … to rebut it by establishing that the reasons established by defendant were pretextual.

The Satanic Temple, Inc. v. Hellerstedt

District Court, S.D. Texas · Jul 3, 2023

Once put at issue, the party asserting jurisdiction has the burden to establish by a preponderance of the evidence that it properly exists. … The plaintiff must clearly allege facts at the pleading stage establishing all three criteria. Spokeo Inc v Robins, 578 US 330, 338 (2016).

Carr v. Brazoria County, Texas

341 F. Supp. 155 · District Court, S.D. Texas · Feb 5, 1972

For reasons apparently sufficient to defendants, the procedure established by Article 2351% (a) was not implemented. … and until his successor shall be elected and qualified.

Olley v. TodmanThe clerks office is ORDERED to not accept any further filings in this matter until the motions to dismiss are ruled on..

District Court, S.D. Texas · Aug 12, 2025

the certified agency, having so commenced such proceedings, fail[ed] to carry forward such proceedings with reasonable promptness; or (C) the Secretary determine[d] that the certified agency no longer qualifies … or Congress has clearly abrogated it.’”

Mix v. Commissioner of the Social Security Administration

District Court, S.D. Texas · Nov 20, 2024

The Appeals Council denied Plaintiff’s request for review, 5 Primary immunodeficiency disorders — also called primary immune disorders or primary immunodeficiency — weaken the immune system, allowing infections and other … Other courts have found it is reversible error to not consider whether a medically determinable diagnosis of fibromyalgia qualifies a claimant for benefits because a claimant can establish fibromyalgia is a qualifying

Chowdhury

District Court, S.D. Texas · Mar 18, 2026

They are also immune from Plaintiff’s state law claims due to sovereign and qualified immunity. B. … Once again, however, Eleventh Amendment immunity presents a problem. “Section 1983 does not abrogate Eleventh Amendment Immunity,” Champagne v.

Ryan v. Hercules Offshore, Inc.

945 F. Supp. 2d 772 · District Court, S.D. Texas · May 13, 2013

It was “well-established that maritime claims do no ‘aris[e] under the Constitution, treaties or laws of the United States’ for purposes of federal question and removal jurisdiction.” Id. … A defendant who desires to remove a maritime action from state court must establish diversity jurisdiction.” Id. In Tennessee Gas Pipeline v.

Hardin v. T.D.C.J.

District Court, S.D. Texas · Dec 20, 2019

Because Texas has not waived its immunity, Hardin cannot recover monetary damages from TDCJ because, as a state agency, it is immune from suit. See Talib v. … under the Eleventh Amendment is “clearly established” in this circuit).