Case law
Opinions from 1658 to today.
2,190 results
0.93s
District Court, S.D. Texas · Aug 17, 2022
It is also well-established that a governmental unit enjoys a heavy presumption in favor of immunity, see City of Galveston v. … or Congress has clearly abrogated it.”).
Cited 0 timesUnknown205 F. Supp. 492 · District Court, S.D. Texas · May 31, 1962
Clearly, if these sums represented loans, as found by the referee, no tax is owing. … Further, such a loan is clearly prohibited by Art.
Cited 7 timesPublished213 F. Supp. 2d 728 · District Court, S.D. Texas · Apr 2, 2002
Moreover, the court noted that the “statute clearly speaks' in permissive, not mandatory language.” … The United States, as sovereign, is immune from suit unless it waives that immunity. United States v. Dalm, 494 U.S. 596, 609 , 110 S.Ct. 1361 , 108 L.Ed.2d 548 (1990); see also United States v.
Cited 0 timesPublishedRyan 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.
Cited 46 timesPublishedJane Doe, on behalf of M.F. v. Harris County Precinct Six Constable Sylvia Trevino
District Court, S.D. Texas · Apr 7, 2020
For his part, Martinez invokes the affirmative defense of qualified immunity. Dkt 21 at 7. … If Doe later seeks to replead her claim against him, Martinez may reassert a qualified immunity defense as against those specific and concrete allegations.
Cited 0 timesUnknown994 F. Supp. 2d 831 · District Court, S.D. Texas · Jan 15, 2014
Congress clearly outlined international solutions in other portions of the TVPRA. … immunity. 541 U.S. at 691 , 124 S.Ct. 2240 .
Cited 2 timesPublishedDistrict 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).
Cited 0 timesUnknown198 B.R. 201 · District Court, S.D. Texas · Jan 19, 1996
These “deemed payments” are clearly outside the three year period counting back from the time the debtors filed their claim in June, 1993. 7 The debtors’ counsel contended at oral argument that resolution of this appeal depends … that the taxpayer must meet before qualifying for mitigation.
Cited 0 timesPublishedGarrett v. Harris County Sheriff's Office
District Court, S.D. Texas · Feb 11, 2025
App’x. 491 (5th Cir. 2009) (“As a division within the Harris County Sheriff’s Department, the Harris County Jail does not qualify as an entity with capacity under the rules because it cannot sue or be sued. … Hickman, 935 F.3d 302, 307 (5th Cir. 2019) (noting that to establish a due process claim regarding episodic acts or omissions, a plaintiff must “establish that the official[s] acted with subjective deliberate indifference
Cited 0 timesUnknownSynair Corp. v. American Industrial Tire, Inc.
645 F. Supp. 1080 · District Court, S.D. Texas · Aug 28, 1986
Plaintiff argues that neither man was qualified to state an opinion on the nature of these prior endeavors. … Amco’s agreement not to bring further suit to invalidate the patent clearly protects that license.
Cited 3 timesPublishedRainey v. Manufacturers & Traders Trust Company
District Court, S.D. Texas · Jul 10, 2024
“Representing a mortgage company and filing a foreclosure action against homeowners who have defaulted on their loan is clearly the kind of conduct an attorney engages in as part of the discharge of his duties in representing … To establish DTPA consumer status, Plaintiffs must show: (1) that they acquired goods or services by purchase or lease; and (2) that the goods or services purchased or leased form the basis of the complaint.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Oct 17, 2024
The undersigned found the facts alleged were sufficient to raise a claim that these defendants were deliberately indifferent to Jason Perez’s serious medical needs and to defeat qualified immunity. … immunity.
Cited 0 timesUnknown202 B.R. 235 · District Court, S.D. Texas · Aug 16, 1996
The parties are ordered to advise the Court on the facts that would establish jurisdiction under a refund theory for the other tax years in dispute. B. … As such, the decree does not qualify as an instrument that would enable the plaintiff to take an “alimony” income tax deduction for the payments he made to his former spouse.
Cited 0 timesPublishedAggarwal v. Secretary of State of the United States
951 F. Supp. 642 · District Court, S.D. Texas · Dec 31, 1996
The memorandum from the Embassy to the INS requesting review clearly establishes: that Vinod Aggarwal married Sita Aggarwal in 1974 and never divorced her; that Vinod Aggarwal thereafter bigamously married Beverly Green in … By asserting tMs claim Plaintiff once again attempts to sidestep the established principle of law that consular decisions denying visas to aliens are immune from judicial review.
Cited 4 timesPublishedDistrict Court, S.D. Texas · Feb 14, 2023
He alleges that he sought treatment during the entire twenty years he was in TDCJ custody, but he was repeatedly told he did not qualify. Perkins alleges that P.A. … Sovereign immunity bars actions against a state or state official unless Congress has abrogated such immunity or the state has specifically waived its immunity. See Will v. Mich.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Apr 28, 2023
It lacks an arguable basis in fact “if, after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Id. … Harris, 401 U.S. 37 (1971), and its progeny established that “absent extraordinary circumstances federal courts should not enjoin pending state criminal prosecutions.” New Orleans Pub. Serv., Inc. v.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Feb 13, 2023
This includes the basic requirement that the facts plausibly establish each required element for each legal claim. … immunity.”
Cited 0 timesUnknown641 F. Supp. 1391 · District Court, S.D. Texas · Aug 18, 1986
Pate to establish pension and profit sharing plans for the employees of the corporations. … In the interest of getting a plan qualified with the IRS, S. Pate, N. Cantrell, and A.
Cited 14 timesPublishedRostan Solutions, LLC v. Corpus Christi Independent School District
District Court, S.D. Texas · Sep 30, 2025
This language clearly and unambiguously waives immunity from suit. See City of Houston v. Williams, 353 S.W.3d 128, 134 (Tex. 2011). … Texas law establishes a three-part test for determining whether Section 271.152’s waiver of immunity applies: “(1) the party against whom the waiver is asserted must be a ‘local government entity’ as defined by section
Cited 0 timesUnknown71 F. Supp. 3d 627 · District Court, S.D. Texas · Oct 9, 2014
While the state has an iriterest in detecting and deterring voter fraud, SB 14 was clearly overkill in that its extreme limitation on the type of photo IDs that would qualify does not justify the burden that it engenders. … The evidence establishes that discriminatory purpose was at least one of the motivating factors for the passage of SB 14.
Vacated in part, on other grounds by Veasey v. Abbott, 796 F.3d 487 (2015)Cited 25 timesPublished
Ask Donna