Case law

Mayfield v. Fudge

District Court, N.D. Texas · Apr 24, 2024

As relevant here, a plaintiff establishes a prima facie case of discrimination for a failure- to-hire claim by demonstrating that: (1) she is a member of a protected group at the relevant time; (2) she was qualified for … and not disputed in Defendant’s briefing41—she has failed to show that her qualifications “‘leap from the record and cry out to all who would listen that [s]he was vastly—or even clearly—more qualified [than Patton] for

Golden Spread Coop., Inc. v. Emerson Process Mgmt.

360 F. Supp. 3d 494 · District Court, N.D. Texas · Jan 31, 2019

Even if the turbine qualifies as "other property" under the economic loss rule, its repair costs would be unrecoverable "consequential damages" or, if recoverable, subject to the contract's damage cap. See Def.' … Because it appears that the isomax unit and plant were the object of the various contracts, i.e., what Signal bargained for, the entire plant would qualify as the product rather than other property.

Van Rooyen v. Greystone Home Builders, LLC

295 F. Supp. 3d 735 · District Court, N.D. Texas · Mar 14, 2018

"To qualify as unreasonable, the fraud and overreaching must be specific to the forum selection clause." Id. … The marketing materials provide numerous economic, geographic, and demographic figures clearly intended to demonstrate the benefits of investing in Dallas real estate.

Maxwell v. Mesquite Independent School District

District Court, N.D. Texas · Sep 19, 2021

Section 1983 “provides a federal cause of action for the deprivation, under color of law, of a citizen’s ‘rights, privileges, or immunities secured by the Constitution and laws’ of the United States.” Livadas v. … Even if Plaintiff had successfully established a basis for municipal liability, the Court finds that he has not established a First Amendment retaliation claim.

Hutchison v. Gray County Jail

District Court, N.D. Texas · Aug 4, 2025

Allegations of malpractice, negligence, or unsuccessful treatment fail to establish deliberate indifference. Gobert, 463 F.3d at 346. … The district court is not required to allow such an opportunity, though, if the prisoner’s claims are clearly frivolous, Eason v.

Dallas Ass'n of Community Organizations v. Dallas County Hospital District

478 F. Supp. 1250 · District Court, N.D. Texas · Nov 8, 1979

However, simply stating that prior restraints on speech are presumptively invalid does not establish the analytical framework for a first amendment case. … J.L., - U.S. -, 99 S.Ct. 2493, 2506-08 , 61 L.Ed.2d 101, 122-25 (1979) (psychiatrists better qualified than judges to decide if child is mentally or emotionally ill).

Filgo v. United States

387 F. Supp. 1300 · District Court, N.D. Texas · Jul 17, 1974

Having examined those cases in which the economic interest test has been construed, 8 including a considerable number of decisions by the Court of Appeals for the Fifth Circuit, 9 this Court expresses its qualified agreement … Further, the taxpayer shoulders the burden of establishing that he qualifies for capital gain treatment. Hair v. Commissioner of Internal Revenue, 396 F.2d 6, 8 (9th Cir. 1968); Schreiber v.

Quigley v. Braniff Airways, Inc.

85 F.R.D. 74 · District Court, N.D. Texas · Dec 18, 1979

First, it is clearly in Quigley’s interest to have this court award seniority. It was not until 1976, three years after her initial rejection, that she became a flight attendant. … The burden is clearly the plaintiffs. Here, however, the plaintiff had met her initial burden of production by introducing evidence that the general population was the relevant market.

Prince v. Colvin

94 F. Supp. 3d 787 · District Court, N.D. Texas · Feb 25, 2015

Under 28 U.S.C. § 2412 (d), the governmental agency “has the burden of establishing that its position was substantially justified.” Sims v. Apfel, 238 F.3d 597, 602 (5th Cir.2001). … The undersigned also notes that, “[bjecause EAJA is a partial waiver of sovereign immunity, it must be strictly construed in the government’s favor.” Texas Food Indus. Ass’n v.

Garcia v. City of Amarillo, Texas

District Court, N.D. Texas · Jul 22, 2020

To establish a prima facie case, “a plaintiff must prove: (1) that he has a disability; (2) that he was qualified for the job; and (3) that he was subject to an adverse employment decision on account of his disability.” … “A plaintiff can establish that he is qualified by showing that either (1) he could perform the essential functions of the job in spite of his disability, or (2) that a reasonable accommodation of his disability would have

Dews v. Town of Sunnyvale, Tex.

109 F. Supp. 2d 526 · District Court, N.D. Texas · Aug 1, 2000

In Simms , the evidence at trial established that the plaintiff had submitted a qualified proposal seeking a commitment letter from the defendant bank for the refinancing of an existing loan on property located in a predominantly … The analysis of that alternative clearly established that large lot zoning, .5 to 1 unit per acre, does not serve the Town’s legitimate zoning, planning, development, and fiscal interests.

Mickey Ray Taylor v. John Doe, et al.

District Court, N.D. Texas · Dec 31, 2025

against a government entity or employee if the court determines that the complaint is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … A complaint has no arguable basis in fact if it rests upon clearly fanciful or baseless factual contentions, and similarly lacks an arguable basis in law if it embraces indisputably meritless legal theories.

Johnson v. Raytheon Company

District Court, N.D. Texas · Sep 24, 2021

The evidence on which Johnson relies at least requires that inferences be drawn and therefore does not qualify as direct evidence of retaliation. … immunity from tort liability.

CRG Partners, LLC v. United States Trustee

445 B.R. 667 · District Court, N.D. Texas · Feb 14, 2011

Thus, Perdue establishes a framework different from the standard that has been used in Texas bankruptcy cases in determining whether to award a fee enhancement. … This Court’s role is simply to ensure that the bankruptcy court employs the correct legal standard and that its factual determinations are not clearly erroneous in light of the evidence.

Graham v. Whisenant

District Court, N.D. Texas · Aug 4, 2025

Rather, the plaintiff must show that the officials refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard … Graham’s claims are not sufficient to establish a constitutional violation.

Doe v. Abbott

345 F. Supp. 3d 763 · District Court, N.D. Texas · Nov 19, 2018

The provisions that Plaintiffs point to as vague and impossible to comply with are in fact well-defined and clearly list what is required of Plaintiffs to comply with each provision. … Alternatively, Defendants argue that Plaintiffs' claims against Governor Abbott are barred by Eleventh Amendment Immunity because "[s]uits against state officials in their official capacity ... should be treated as suits

Simmons v. Methodist Hospitals

106 F. Supp. 3d 799 · District Court, N.D. Texas · May 1, 2015

“Generally, a litigant seeking equitable tolling bears the burden of establishing two elements: (1) that he has been pursuing his rights diligently; and (2) that some extraordinary circumstance stood in his way.” … In addition, Simmons places the blame with his prior attorney, whose neglect or error is an internal factor that cannot qualify as an external extraordinary force warranting equitable tolling.

Benson v. United Investexusa 10 LLC

District Court, N.D. Texas · Mar 18, 2021

The summary judgment evidence establishes that Benson was very successful as both an acquisition agent and sales agent (Id., pp. 8, 197). … Additionally, the ICA’s restrictive covenants clearly limited Benson’s ability to earn profits by providing the same services on his own or working for a competitor.

Waller v. City of Fort Worth Texas

District Court, N.D. Texas · Jan 22, 2021

By June 20, 2016, following the Court’s scheduling order (ECF No. 140), the officers filed motions to dismiss based on their qualified-immunity defense. … Because qualified immunity is unavailable to municipalities, the proceedings did not include the City.

Jay v. Nesco Acceptance Corp. (In Re Jay)

308 B.R. 251 · District Court, N.D. Texas · Sep 30, 2003

Clearly, an offer and its acceptance in strict compliance with the offer’s terms are essential to the creation of a binding contract.... … Property that is incidentally useful or profitable to the business does not qualify as a business homestead. In re Kang, 243 B.R. 666, 669 (Bankr. N.D.Tex.1999) (Felsenthal, J.).