Case law

Giacona v. Marubeni Oceano (Panama) Corp.

623 F. Supp. 1560 · District Court, S.D. Texas · Dec 27, 1985

Through analogies drawn from the public utility context, the Supreme Court held that such contracts were void as against public policy, and upheld the long-established rule that a common carrier cannot stipulate for immunity … It is well-established that where one instrument refers to another instrument in specific terms which clearly shows an intent to make it part of the contract, both instruments are to be construed together.

Huff v. Texas A & M University

District Court, S.D. Texas · Feb 26, 2020

The record and pleadings in this case clearly show that Huff did not file his Title VII claims within the ninety-day limitation, and his lawsuit is untimely. … Because Huff’s pleading establishes no legal or factual basis for holding his Title VII claims timely filed, the claims are DISMISSED WITHOUT PREJUDICE.

Mata v. Schoch

337 B.R. 138 · District Court, S.D. Texas · Oct 26, 2005

Plaintiffs in this case argue that the removal of their state court lawsuit to the bankruptcy court by Schoch qualifies as an informal proof of claim. [Docket No. 47, ¶ 4, Pls’ Pos. … is an informal proof of claim); In re Scott, 67 B.R. 1011, 1013 (Bankr.M.D.Fla.1986) (holding that complaints against a chapter 7 discharge coupled with objections to a Chapter 13 plan of reorganization are sufficient to establish

Lenihan v. Boeing Co.

994 F. Supp. 776 · District Court, S.D. Texas · Jan 14, 1998

Lenihan also asserts that she was more qualified for the position than Garner. … Clearly, Boeing is an “employer” under the Equal Pay Act.

Lone Star Motor Import, Inc. v. Citroen Cars Corp.

185 F. Supp. 48 · District Court, S.D. Texas · Jun 2, 1960

Clearly the statute could not authorize an appeal *52 before its effective date. … How closely did defendant supervise the alleged establishment of a dealership organization?

Tanner v. Armco Steel Corporation

340 F. Supp. 532 · District Court, S.D. Texas · Mar 8, 1972

as clearly will not support a Fifth Amendment claim. … It is well settled that this provision is operative only when “a right of immunity created by the Constitution or laws of the United States [is] an element, and an essential one, of the plaintiff’s cause of action.”

Dotson v. United States

876 F. Supp. 911 · District Court, S.D. Texas · Feb 15, 1995

Once this burden is met, the burden shifts to the non-moving party to establish the existence of a genuine issue for trial. Matsushita, supra, 475 U.S. at 585-87 , 106 S.Ct. at 1355-56 ; Leonard v. … Accordingly, any gain in wealth is prima facie includable in gross income unless a narrowly construed exclusion clearly directs otherwise. Id.

Tarber v. Collier

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

Texas Department of Criminal Justice Sovereign immunity bars actions against a state or a state official for money damages unless Congress has abrogated such immunity, or the state has specifically waived its immunity … or Congress has clearly abrogated it.

Turk v. Mangum

268 F. Supp. 3d 928 · District Court, S.D. Texas · Jul 17, 2017

On November 16, 2015, the Defendants in their individual capacities moved to dismiss the fourth amended complaint on the basis of qualified immunity and failure to state a claim for conspiracy. … Establishing Paternity under Texas " Eaw Turk asserts he has validly established paternity under Texas law and Man-gum'lacks standing to challenge that establishment.

Tarar v. Pakistan International Airlines

554 F. Supp. 471 · District Court, S.D. Texas · Jan 18, 1982

Thus it is suable for civil damages under the Act by that codified statutory waiver of sovereign immunity. … Article 19 establishes a species of strict liability against air carriers such as PIA.

Ostrewich v. Trautman

District Court, S.D. Texas · Sep 14, 2021

The Supreme Court first recognized that “[a] polling place in Minnesota qualifies as a nonpublic forum.” Id. at 1886. … SOVEREIGN IMMUNITY Paxton and Hughs argue that Ostrewich’s claims against them should be dismissed under the doctrine of sovereign immunity.

Lopez v. Donahoe

94 F. Supp. 3d 845 · District Court, S.D. Texas · Mar 23, 2015

A plaintiff seeking to establish a prima facie case of status discrimination must show that he was qualified for the position made the subject of the claim. Id. … See, e.g., Arango, 20 F.Supp.3d at 567 (holding “Plaintiffs termination in March 2011 clearly qualifies as an adverse employment action”) 3.

Dodd v. Chubb National Insurance Company <b><font color="red">Case remanded to the 334th District Court of Harris County, Texas.</font></b>

District Court, S.D. Texas · Apr 21, 2022

Because Chapter 542 is clearly inapplicable,2 I will focus on Chapter 541. … The Attorney-Immunity Doctrine As for ASD’s argument that it is immune under the attorney-immunity doctrine, it is well settled that “[a] lawyer is authorized to practice his profession

West v. City of League City, Texas

District Court, S.D. Texas · Aug 18, 2023

Because Officer Nguyen and Sergeant McCurley sought dismissal on qualified immunity grounds, discovery was stayed as a matter of law until the Court ruled on that issue. … Defendants oppose the motion to extend the deadlines, arguing that West has failed to establish good cause to extend any deadlines.

Infinity Healthcare Servs., Inc. v. Azar

349 F. Supp. 3d 580 · District Court, S.D. Texas · Oct 12, 2018

Second, it may ask for reconsideration from a Qualified Independent Contractor ("QIC") hired by [the Centers for Medicare and Medicaid Services ("CMS") ] for that purpose. … Plaintiff cites to no authority establishing as a matter of law that Defendant has a clearly established duty--so plainly established as to be free from doubt--not to use a methodology of random sampling when reviewing Plaintiff's

Guerra v. Harris Health

District Court, S.D. Texas · Jun 17, 2025

State sovereign immunity bars actions against a state or state official for money damages unless Congress has abrogated such immunity or the state has specifically waived its immunity. See Will v. Mich. … or Congress has clearly abrogated it.

Martinez v. Zapata County, Texas

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

Although plausibility does not require probability, a plaintiff must establish “more than a sheer possibility that the defendant has acted unlawfully.” Id. … However, it is well established that the TTCA “does not apply to claims arising out of an intentional tort.” Goodman v. Harris Cty., 571 F.3d 388, 394 (5th Cir. 2009).

Stewart v. MAGNUM TRANSCONTINENTAL CORP.

81 F. Supp. 2d 753 · District Court, S.D. Texas · Jan 14, 2000

Second, Defendants contend that even if the LOUISIANA was a vessel in navigation, Stewart lacks the “substantial connection” to this vessel necessary to qualify as a seaman. … Because a reasonable fact finder could so conclude, Defendants have failed to establish that Stewart lacked a substantial connection with the vessel. V.

Camco, Inc. v. Baker Oil Tools, Inc.

45 F.R.D. 384 · District Court, S.D. Texas · Jul 16, 1968

.” *386 Defendant resists the production of' these documents for the reason that it would involve a tremendously large number of instruments whose relevancy is not clearly established by the pleadings. … The work product of an attorney is accorded only a qualified privilege. Hickman v. Taylor, 329 U.S. 495 , 67 S.Ct. 385 , 91 L.Ed. 451 (1947).

Dunn v. Hunting Energy Servs.

288 F. Supp. 3d 749 · District Court, S.D. Texas · Dec 21, 2017

Here, the both statements were clearly about the promotion decision, and both speakers were within the scope of their employment in making the statements. … Accordingly, Dunn has established a prima facie case of retaliation. 3.