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Citation: 365 F. Supp. 155 | Docket No.: Crim. Nos. SA 73 CR 164, SA 73 CR 163
Status: Published | Citing: 28
Summary: 365 F. Supp. See United States v. Leighton, 265 F. Supp. 2d 282 (1968); United States v. Montos, 421 F.2d 215 (5th Cir.)United States v. Morado, 454 F.2d 167, 172 (5th Cir.)The government has argued strenuously that witnesses before the grand jury are entitled to no Miranda warnings whatsoever, United States v. DiMichele, 375 F.2d 959 (3d Cir.)2d 100 (1967); United States v. Orta, 253 F.2d 312 (5th Cir.)788 (1955); United States v. Wolfson, 294 F. Supp. In United States v. Potash, 332 F. Supp. I......read more.


Citation: 579 F. Supp. 2d 798 | Docket No.: 3:07-cv-433
Status: Published | Citing: 19
Summary: (2008) Virginia CARTER, Plaintiff, v. FEDERAL BUREAU OF PRISONS and United States Department of Justice, Defendants. On this day, the Court considered Plaintiff Virginia Carter's ("Plaintiff') "Amended Complaint," filed on July 8, 2008; Defendants Federal Bureau of Prisons ("BOP") and United States Department of Justice's ("DOJ") (collectively "Defendants") "Amended Motion to Dismiss Plaintiff's Amended Complaint," filed on September 23, 2008; and Plaintiffs "Response to Defendant's Motion to Di......read more.


Citation: 379 F. Supp. 139 | Docket No.: Civ. A. No. SA-72-CA-285
Status: Published | Citing: 53
Summary: 379 F. Supp. This is a class action brought under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) and (4) seeking injunctive and declaratory relief pursuant to 28 U.S.C. § 2201 and § 2202 against the State of Texas and its Department of Public Welfare for their alleged failure to comply with the provisions of the Social Security Act of 1935, 42 U.S.C.A. §§ 1302, 1351 et seq. and 1396 et seq. and the regulations promulgated thereunder, 45 C.F.R. 249.10(a)(5) in the operation of the state Medicaid progra......read more.


Citation: 507 F. Supp. 2d 692 | Docket No.: 1:06-cv-111
Status: Published | Citing: 149
Summary: 507 F. Supp. Petitioner William Josef Berkley filed this federal habeas corpus action pursuant to Title 28, United States Code, Section 2254, collaterally attacking his otherwise final, April, 2002, El Paso County conviction for capital murder and sentence of death. Prosecution's Rebuttal Evidence A pair of El Paso Police officers each testified (1) Bosanko was unable to identify anyone in the lone photo array shown to him on March 13, 2000, (2) Bosanko was later taken to police headquarters and......read more.


Citation: 547 F. Supp. 2d 699 | Docket No.: 3:07-cv-452
Status: Published | Citing: 11
Summary: (2008) Cynthia ZAMORA, Plaintiff, v. SWIFT TRANSPORTATION CORPORATION, Defendant. On this day, the Court considered Defendant Swift Transportation Corporation's ("Swift") "Motion to Stay Court Proceeding Pending Arbitration and Motion to Compel Arbitration," filed on February 29, 2008, and Plaintiff Cynthia Zamora's ("Zamora") "Response to Defendant's Motion to Compel Arbitration," filed on March 10, 2008; and (3) Swift's "Reply to Plaintiffs Response to Stay Proceedings and Motion to Compel Arb......read more.


Citation: 303 F. Supp. 436 | Docket No.: Civ. A. No. SA69CA136
Status: Published | Citing: 16
Summary: 303 F. Supp. *438 The pleadings, stipulations, proposed conclusions of law, and representations made by counsel at the pretrial conference, support the recitation in the pre-trial order signed by counsel for all parties, and approved by the Court, that this case involves only one contested issue of law, that is, "whether or not the Constitution of the United States requires that an adversary hearing to determine the question of obscenity must be held prior to the seizure of allegedly obscene mot......read more.


Citation: 757 F. Supp. 790 | Docket No.: SA 88 CA 874
Status: Published | Citing: 9
Summary: 757 F. Supp. John F. Paniszczynn, Winstanley F. Luke, Asst. U.S. Attys., San Antonio, Tex., for defendants Department of the Army and the U.S. FINDINGS OF FACT AND CONCLUSIONS OF LAW GARZA, District Judge. Prior to surgery, Mr. Knight was not advised of (1) the risk of being exposed to the HIV virus from a blood transfusion; (2) the non-availability of a commercial test to detect the presence of the HIV virus in blood; and (3) the availability of autologous[3] or directedblood transfusion progra......read more.


Citation: 18 F. Supp. 2d 669 | Docket No.: 5:97-cv-1452
Status: Published | Citing: 20
Summary: 18 F. Supp. 2d 669 (1998) SAN ANTONIO GARMENT FINISHERS, INC., and Nora Sierra, Plaintiffs, v. LEVI STRAUSS & CO., Defendant. [1] Statement of Facts A brief summary of the facts is as follows: San Antonio Garment Finishers, Inc. ("SAGF") entered into an agreement with Levi Strauss & Co. ("Levi Strauss") in 1992, whereby SAGF agreed to perform work for Levi Strauss involving the pressing, washing and labeling of pants and jeans before they were shipped to consumers. Lee v. Wal-Mart Stores, Inc., ......read more.


Citation: 434 F. Supp. 349 | Docket No.: EP-76-CA-60
Status: Published | Citing: 7
Summary: 434 F. Supp. Plaintiff, Francia Goodwin Coe Kingery, is the legal owner of an undivided one-half royalty interest in a certain Oil, Gas and Mineral Lease, dated May 13, 1944, by and between Frank C. Goodwin, as Lessor, and W. R. Lokey, as Lessee, said lease being filed for record in Volume 103, Page 105 of the Deed Records of Live Oak County, Texas. The gas produced from the wells on the Goodwin lease has been sold and delivered by Defendant to Transcontinental Gas Pipeline Corporation for trans......read more.


Citation: 773 F. Supp. 2d 674 | Docket No.: 6:09-cr-00274
Status: Published | Citing: 38
Summary: 773 F. Supp. 2d 265 (1986); Weaver v. CCA Indus., Inc., 529 F.3d 335, 339 (5th Cir.2008). "Sossamon v. Lone Star State of Tex., 560 F.3d 316, 326 (5th Cir.2009) (quoting Hamilton v. Segue Software, Inc., 232 F.3d 473, 477 (5th Cir.2000) (per curiam)). 2d 202 (1986); Ellison v. Software Spectrum, Inc., 85 F.3d 187, 189 (5th Cir.1996). "*678 Univ., 80 F.3d 1042, 1046-47 (5th Cir. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (en banc). Man Roland, Inc. v. Kreitz Motor Express, Inc.......read more.


Citation: 492 F. Supp. 313 | Docket No.: Civ. A. No. SA79CA56
Status: Published | Citing: 18
Summary: 492 F. Supp. In Lone Star Motor Import, Inc. v. Citroen Cars Corp., 185 F. Supp. 185 F. Supp. In Rozell v. Kaye, 197 F. Supp. Judge Ingraham in Lone Star Motor Import, Inc. v. Citroen Cars Corp., S.D.Tex., 1960, 185 F. Supp. Rozell v. Kaye, S.D.Texas, 1961, 197 F. Supp. 733; second opinion 1962, 201 F. Supp.


Citation: 868 F. Supp. 852 | Docket No.: EP-93-CA-370-F
Status: Published | Citing: 26
Summary: 868 F. Supp. 852 (1994) Deborah A. JOHNSON, M.D. v. EL PASO PATHOLOGY GROUP, P.A. and El Paso Healthcare System, Ltd. d/b/a Sun Towers Hospital. Alleging that she was fired because of her sex, Plaintiff Deborah A. Johnson ("Johnson"), a pathologist, sued Defendants El Paso Pathology Group, P.A. (the "Group") and El Paso Healthcare System, Ltd. d/b/a Sun Towers Hospital (the "System") for violating Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. Serious negotiations were conducted b......read more.


Citation: 361 F. Supp. 2d 643 | Docket No.: A-04-CA-314-LY
Status: Published | Citing: 21
Summary: 361 F. Supp. 2d 643 (2005) SAVE OUR SPRINGS ALLIANCE, Plaintiff, v. Gale NORTON, Secretary of the Interior, and United States Fish, and Wildlife Service, Defendants. Plaintiff Save Our Springs Alliance ("SOSA") brings this action against Defendant Gale Norton, Secretary of the Interior and the United States Fish and Wildlife Service (together the "Service") alleging violations of the "regular listing" and "emergency listing" provisions of the Endangered Species Act (the "Act"), 16 U.S.C. §§ 1533......read more.


Citation: 34 F. Supp. 2d 433 | Docket No.: 5:97-cv-726
Status: Published | Citing: 31
Summary: 34 F. Supp. 2d 433 (1998) Dr. Jorge ZAMORA-QUEZADA, M.D., Dr. Martin Guerrero, M.D., and Their Named and Unnamed Patients and Survivors of Patients, Plaintiffs, v. HEALTHTEXAS MEDICAL GROUP OF SAN ANTONIO, Primary Carenet of Texas, L.L.C., Humana Health Plans of Texas, Humana Gold Plus, Pacificare of Texas and Secure Horizons, Defendants. *434 *435 *436 David M. Adkisson, Law Offices of David M. Adkisson, San Antonio, TX, Deborah C. Hiser, Advocacy, Inc., Austin, TX, Randall C. Jackson, Jr., The......read more.


Citation: 885 F. Supp. 958 | Docket No.: 4:95-cv-68
Status: Published | Citing: 36
Summary: 885 F. Supp. See Memorandum Respecting Denial of Certiorari, Lackey v. Texas, ___ U.S. ___, 115 S. Ct. 1421, 131 L. Ed. On April 19, 1995, the day the court was set to issue its ruling, Petitioner cited the court to James v. Cain, 50 F.3d 1327 (5th Cir.1995). There, the Fifth Circuit analyzed the abuse of the writ doctrine in a habeas corpus death-penalty-stay case in light of the Barefoot standard, which asks whether the issue presented is debatable among jurists of reason.2d 155 (1988) (holdin......read more.


Citation: 389 F. Supp. 2d 753 | Docket No.: DR-02-CR-108(2)
Status: Published | Citing: 5
Summary: 389 F. Supp. DISCUSSION The Fifth Circuit has held that "one proceeding in forma pauperis is entitled to the same, but to no greater, rights as one financing his own defense; that a bad faith appeal is a bad faith appeal whether publicly or privately financed; and that therefore the same rules and requirements govern both...." United States v. Boutwell, 896 F.2d 884, 885 (5th Cir.1990) (emphasis added); contra United States v. Dangdee, 608 F.2d 807 (9th Cir.1979) (holding that an individual with......read more.


Citation: 282 F. Supp. 528 | Docket No.: Civ. A. No. 1590
Status: Published | Citing: 10
Summary: 282 F. Supp. Our defendant, NATIONAL DAIRY PRODUCTS CORPORATION, is the manufacturer of Kraft's Red Label type shortening, a quality shortening which is widely distributed for commercial use. There was much dispute as to whether the Red Label type shortening in our case was "in a defective condition unreasonably dangerous to the user," and whether the product reached the user without substantial change in the condition in which it was sold. Perhaps that is so because, using the test mentioned in......read more.


Citation: 732 F. Supp. 2d 693 | Docket No.: Civil Action No. SA-09-CA-856-XR
Status: Published | Citing: 47
Summary: 732 F. Supp. I. Background Plaintiff Guadalupe Betancourt, a Kansas resident, filed her original complaint against Defendant Federated Department Stores on October 20, 2009, seeking declaratory and injunctive relief, attorney's fees, litigation expenses, and costs under Title III of the Americans with Disabilities Act ("ADA"). After Plaintiff filed her Complaint, Defendant filed a motion to dismiss, arguing that the Complaint should be dismissed under Rule 12(b)(1) for lack of jurisdiction or, i......read more.


Citation: 756 F. Supp. 1004 | Docket No.: Civ. A. No. SA-88-CA-971
Status: Published | Citing: 25
Summary: 756 F. Supp. Federal Agency Issue The Defendants argue that this Court erred in finding that the Defendants' *1006 employer, the Federal Home Loan Bank of Dallas, is not a "federal agency" as defined in 28 U.S.C. § 2671, and that its employees are not employees of the government for purposes of jurisdiction under 28 U.S.C. § 1346(b). Defendants assert that the Federal Home Loan Bank of Dallas is a federal agency, that they are employees of the government, and that the Court has jurisdiction over......read more.


Citation: 547 F. Supp. 2d 685 | Docket No.: EP-05-CA-0490-PRM
Status: Published | Citing: 32
Summary: (2008) PHILIP MORRIS USA INC., Plaintiff, v. William W. LEE, et al., Defendants. On this day, the Court considered the evidence presented by Plaintiff Philip Morris USA Inc. ("Philip Morris") and Defendants William W. Lee ("Lee") and Felipe Castaneda ("Castaneda") at the bench trial held on December 17 and 18, 2007, in the above-captioned cause. On April 8, 2008, the Court entered a order granting summary judgment in favor of Philip Morris against Lee and Castaneda. Three issues survived summary......read more.