Case law

Lottinger v. Shell Oil Co.

143 F. Supp. 2d 743 · District Court, S.D. Texas · May 16, 2001

In the case at bar, Shell does not contest that Lottinger was qualified for the job. In addition, his termination was clearly an adverse employment action. … must establish as part of prima facie ease that she was a qualified individual with a disability at the time of the discriminatory act).

Hall v. Richardson

362 F. Supp. 662 · District Court, S.D. Texas · Aug 16, 1973

have been sealed by death and in an effort to establish an interest in property. … The record clearly reveals that the Hearing Examiner relied substantially upon Craig v.

Hernandez v. Kloesel

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

Third, they contend that they are entitled to qualified immunity. (Id. at 7–8). Because the issue of (continue) Ill. … See Brown, 2018 WL 2388575, at *4 (determining that it is unnecessary to address other grounds raised supporting dismissal, including qualified immunity, if the plaintiff failed to exhaust her administrative remedies);

Staley v. Harris County, Tex.

332 F. Supp. 2d 1030 · District Court, S.D. Texas · Aug 10, 2004

Though the application of that rule requires interpretation of a delicate sort, the rule itself is clearly and concisely stated in the words of the First Amendment. … No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor

Musslewhite v. O'Quinn (In Re Musslewhite)

270 B.R. 72 · District Court, S.D. Texas · Nov 28, 2000

Evidence also was presented establishing Debtors’ ability to pay sanctions. … As previously held, the sanctions awarded in this case qualify as civil sanctions.

Jane Lewis McCartney Nelson v. RLB Contracting, Inc.

District Court, S.D. Texas · Jan 11, 2021

The sovereign immunity doctrine provides that the United States, as sovereign, is immune from suit unless it consents to be sued. See United States v. Sherwood, 312 U.S. 584, 586 (1941). … [Plaintiffs] would be able to do indirectly that which [they] could clearly not do directly.

Thompson v. City of Mont Belvieu <b><font color="red">DO NOT DOCKET. Case remanded to 344th District Court of Chambers County, TX.</font></b>

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

Dep’t of Agric., 779 F.3d 258, 267 (5th Cir. 2015) (quotations omitted); see also Sureshot Golf Ventures, 2 The defendants make these contentions as part of their qualified-immunity and municipal-liability arguments. … Because the defendants have moved to dismiss on the grounds that Thompson has failed to adequately establish such statutory violations, the court may analyze such arguments independent from qualified immunity

Forbes v. Citimortgage, Inc.

998 F. Supp. 2d 541 · District Court, S.D. Texas · Feb 20, 2014

Forbes argues that she qualifies as a consumer based on her purchase of the escrow waiver, which “was not an incidental service provided by the lender in the service of a loan.” Doc. 45 at 17. … Although not clearly defined in Texas law, a claim for the intentional tort of unreasonable collection efforts has been delineated as “efforts that amount to a course of harassment that was willful, wanton, malicious and

Akers v. Arnett

597 F. Supp. 557 · District Court, S.D. Texas · Dec 16, 1983

This case is clearly distinguishable from Cox . In the latter, plaintiffs sued to be advanced from casual to seniority status. … Pension Fund is defined as "... any water front employee of the Employers whose wage rates and working conditions are established by collective bargaining agreements between the Union and Employers.”

Gladys J. v. Pearland Independent School District

520 F. Supp. 869 · District Court, S.D. Texas · Aug 17, 1981

The Act does contemplate, where possible, however, that educational objectives for the handicapped will be set with reference to objectives established for the non-handicapped, and there is clearly expressed in the legislative … Mainstreaming is clearly a predominant thesis underlying the EHCA.

Phillips v. Super Services Holdings, LLC

189 F. Supp. 3d 640 · District Court, S.D. Texas · May 26, 2016

Finally, Phillips contends that Super Service only conducted a license check on Harris in Texas, even though her application clearly stated that she was a resident of Mississippi. (Id. at 7.) … Upshaw’s prior convictions and traffic violations,” such convictions “lack the nexus to the accident in question to establish liability for negligent hiring,” Id. Establishing the required nexus is difficult in Texas.

Graham v. 3 OR MORE MEMBERS ARMY RES. SEL. BD., ETC.

556 F. Supp. 669 · District Court, S.D. Texas · Feb 8, 1983

[by the Defendants which] violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … Therefore, the Court finds the individual Defendants are immune from personal liability and should not be "subject ... to the costs of trial or to the burdens of broad-reaching discovery." Id.

Schwartz v. Galveston Independent School District

309 F. Supp. 1034 · District Court, S.D. Texas · Mar 10, 1970

It has established a central agency as “the policy-forming and planning body for the public school system of the state.” … Thus because the issue here was not clearly presented or resolved either in McNeese or in Lane , those decisions are not dispositive of the instant case. 4 .

Aransas Project v. Shaw

835 F. Supp. 2d 251 · District Court, S.D. Texas · Dec 5, 2011

Eleventh Amendment Immunity The TCEQ Defendants argue that Eleventh Amendment immunity bars Plaintiffs claim. … The citizen-suit provision of the ESA clearly provides for such relief. See 16 U.S.C. § 1540 (g)(1)(A).

Jimenez v. Mayorkas

District Court, S.D. Texas · Sep 1, 2023

A Rule 59(e) motion “‘must clearly establish either a manifest error of law or fact or must present newly discovered evidence’ and ‘cannot be used to raise arguments which could, and should, have been made before the judgment … But he does not point to evidence that could show that he was “clearly better qualified.” (Docket Entry No. 48 at 11).

Drakos v. City of Meadows Place

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

on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Samford v. … Thus, the City is immune from Drakos’s state-law claims unless the TTCA clearly waives that immunity. See York, 871 S.W.2d at 177; Duhart v. State, 610 S.W.2d 740, 742 (Tex. 1980).

Bay Area Unitarian Universalist Church v. Paxton

District Court, S.D. Texas · Aug 27, 2021

Federal courts do not have jurisdiction over a suit against state officials in their official capacity unless the state has waived its sovereign immunity or Congress has clearly abrogated it. NiGen Biotech, L.L.C. v. … Texas has not waived its sovereign immunity and § 1983 does not clearly abrogate state sovereign immunity. NiGen Biotech, 804 F.3d at 394.

Federal Deposit Insurance v. Enventure V

868 F. Supp. 870 · District Court, S.D. Texas · Nov 14, 1994

When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense. Id. … The Enventure limited partnership agreement clearly does not meet the parameters of § 1823(e).

Patton v. United Parcel Service, Inc.

910 F. Supp. 1250 · District Court, S.D. Texas · Dec 21, 1995

Clearly, the conduct alleged by the Pattons is far less egregious than other actions found not to constitute intentional infliction of emotional distress as a matter of law in a number of eases. … In addition, a defamatory statement may be protected by a qualified privilege.

Lynn

District Court, S.D. Texas · Feb 25, 2026

Such is clearly not the case here. … The face of the Complaint clearly establishes that a substantial part of the events giving rise to the underlying claims occurred in California, and the Plaintiffs have had every opportunity to file these claims there.