Case law

Moreno v. STP NUCLEAR OPERATING CO.

172 F. Supp. 2d 857 · District Court, S.D. Texas · Oct 30, 2001

In this lawsuit, Moreno alleges that STP purposefully and knowingly failed to promote him to the position of temporary or permanent supervisor on the basis of his national origin, even though he was qualified for both positions … Reece clearly holds that where the litigated issues are specifically covered in the CBA, preemption applies.

Delverne v. Klevenhagen

888 F. Supp. 64 · District Court, S.D. Texas · May 30, 1995

The policy clearly does not infringe upon a constitutionally protected fundamental right. Seoane v. … However, as set forth above, Plaintiff has failed to establish an equal protection violation and therefore cannot succeed on an equal protection claim under § 1983.

Norman v. Harris County,Texas

District Court, S.D. Texas · Aug 10, 2023

Both Harris County and Sheriff Gonzalez state as the basis for the dismissal of the plaintiff’s suit against them that the plaintiff has failed to assert facts that establish a basis for relief against them in the capacities … It is noted that both defendants assert that qualified immunity shields them from civil liability as a governmental entity and, as the Sheriff of Harris County in his individual capacity.

Sandoval v. Lumpkin

District Court, S.D. Texas · Sep 12, 2024

Thus, a prisoner’s right to practice his religion may be limited where the prison officials establish there is a legitimate penological objective. Id.; Cruz v. … Eleventh Amendment Immunity and Official Capacity Claim. Plaintiff has also named Director Lumpkin in his official capacity.

Daniels v. PennyMac Loan Services, LLC

District Court, S.D. Texas · Oct 31, 2022

This includes the basic requirement that the facts plausibly establish each required element for each legal claim. … Richards, 464 F.3d 524, 527 n.3 (5th Cir. 2006) (“[L]itigating lawyers are not exempt from the FDCPA if they otherwise qualify as debt collectors.”).

Suzlon Wind Energy Corporation v. Shippers Stevedoring Company

662 F. Supp. 2d 623 · District Court, S.D. Texas · Jan 27, 2009

The notice inquiry for negligence per se is whether the statute or regulation clearly defines the required conduct. … Qualified Contractors, No. 04-80505-Civ., 2005 WL 5955702 , at *3 (S.D.Fla.

Edwards v. Galveston-Texas City Pilots & Galtex Pilots Service Corp.

203 F. Supp. 2d 759 · District Court, S.D. Texas · May 8, 2002

Plaintiffs Prima Facie Case To establish a prima facie case of racial discrimination, a plaintiff must show that: (1) he belongs to a protected group; (2) he was qualified for the position held or sought; (3) he suffered … These facts clearly do not support an allegation of racism. In addition, Captain Kern’s statements to Pegúese are similarly flawed.

Barnes v. Lerner Shops of Texas, Inc.

323 F. Supp. 617 · District Court, S.D. Texas · Mar 8, 1971

The testimony and evidence before the Court fails to establish by its greater weight, or preponderance, that plaintiff was discharged for racial prejudice. … This clearly is a misstatement. Plaintiff undoubtedly was referring to the sales managers of the Northline store and not “other display managers.” 3 .

Heimlich v. United States

District Court, S.D. Texas · Mar 28, 2025

These statements alone, however, are insufficient to establish that the relief Plaintiff seeks is not merely a collateral attack on their administration of the property in question. … , qualified immunity, and sovereign immunity.

Moreno v. Bridenstine

District Court, S.D. Texas · Dec 12, 2022

Was Moreno clearly better qualified than Shull and Merancy? The second way a plaintiff can establish pretext is by demonstrating that he or she was “clearly more qualified” than the other candidates. … Mere proof that two candidates are similarly qualified does not establish pretext. Price, 283 F.3d at 723. Moreno does not devote much argument to this point.

E.M. b/n/f Guerra v. San Benito Consol. Indep. Sch. Dist.

374 F. Supp. 3d 616 · District Court, S.D. Texas · Apr 2, 2019

Thus, to establish a cause of action under either the ADA or § 504 of the RA, a plaintiff must show the following: (1) the person is a qualified individual within the meaning of the ADA; (2) the person is being excluded from … This is a demanding standard: a school district is "deemed 'deliberately indifferent' to acts of student-on-student harassment only where the recipient's response to the harassment or lack thereof is clearly unreasonable

Wojciechowski v. National Oilwell Varco, L.P.

763 F. Supp. 2d 832 · District Court, S.D. Texas · Jan 12, 2011

This assertion clearly conflicts with Plaintiffs prior deposition testimony, stating Plaintiff became ill and suffered symptoms of stress only after she was terminated. … Plaintiffs statements clearly establish that Plaintiff, as Sales Manager, oversaw the sales of the account managers who were primarily responsible for outside sales.

Spiess v. C. Itoh & Co.(America), Inc.

408 F. Supp. 916 · District Court, S.D. Texas · Jan 29, 1976

We are establishing no new right, declaring no new principle. … This Court’s decision in McDonald clearly should not support such a reading.

Cloyd v. KBR, Inc.

District Court, S.D. Texas · May 4, 2021

Landy, 370 F.2d 46, 52 (9th Cir. 1966) (“[T]he coverage provisions of the Defense Base Act clearly evidence the intent that the act shall afford the sole remedy for injuries or death suffered by employees in the course … This suggests that Congress intended to give government contractors less than the full immunity enjoyed by the government.

Kohl v. Woodlands Fire Department

440 F. Supp. 2d 626 · District Court, S.D. Texas · Jul 11, 2006

The issue is whether her primary duties qualify her as an exempt administrative employee. The record includes the job description for the FLSO position. … Some of these activities may be performed by employees who also would qualify for another exemption.

United States v. LeTourneau

534 F. Supp. 2d 718 · District Court, S.D. Texas · Jan 9, 2008

He claims that SORNA does not include state sexual offenses as qualifying SORNA sex offenses. (Docket No. 11). … Congress clearly set forth the purpose of SORNA in 42 U.S.C. § 16901 . See Lovejoy, 2007 WL 2812681, at *3 ; Mason, at 928.

Marathon Oil Co. v. Texas City Terminal Railway Co.

164 F. Supp. 2d 914 · District Court, S.D. Texas · Sep 24, 2001

Such a decision is manifestly premature and clearly inappropriate without additional discovery by the parties. … Although Marathon Ashland denies any liability for contamination of the DPC Site, as the current lessee of the contaminated property, Marathon Ashland undeniably qualifies as a potentially responsible party (“PRP”) under

Texas v. United States

328 F. Supp. 3d 662 · District Court, S.D. Texas · Aug 31, 2018

As such, Texas satisfies the first factor to qualify for special solicitude. … DACA clearly has impacted the entire country.

LK Productions, Inc. v. American Federation of Television & Radio Artists

475 F. Supp. 251 · District Court, S.D. Texas · Jun 13, 1979

This is important because Clark, being a performer himself, was clearly not an “employer group.” (See American Federation of Musicians v. … Despite this clearly reprehensible conduct, and despite the fact that the union conduct would have been clearly violative of the antitrust laws under the previous cases of Duplex Printing Press Co. v.

Collins v. Collier

District Court, S.D. Texas · Feb 15, 2022

A complaint lacks an arguable basis in fact if it rests upon clearly baseless factual contentions, and similarly lacks an arguable basis in law if it contains indisputably meritless legal theories. … A qualifying disability is “a physical or mental impairment that substantially limits one or more major life activities.” 42 U.S.C. § 12102(a)(1).