Case law

Waller v. City of Fort Worth Texas

District Court, N.D. Texas · Jan 25, 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.

Garza v. Energy Transfer Partners LLC

District Court, N.D. Texas · Mar 7, 2024

He also maintains that he “clearly suffered an adverse employment action” when “he was kept from returning to work until he was ultimately terminated from his employment.” P. Br. (ECF No. 30) at 45. … reference individual portions of Garza’s pleadings as to these additional claims, the court deems defendants’ statement adequate to meet their summary judgment burden, because doing so allows the court to dispose of these clearly

Grado

District Court, N.D. Texas · Nov 21, 2025

filed this Motion for Summary Judgment, asserting that Grado’s claims should be dismissed for failure to exhaust his administrative remedies and, alternatively asserting that Grado’s claims against her are barred by qualified … immunity.

SBC Communications, Inc. v. Federal Communications Commission

981 F. Supp. 996 · District Court, N.D. Texas · Dec 31, 1997

An analysis under the applicable standards for a bill of attainder show that this is clearly what the statutes are. … However, the statute allowed those failing to timely register to qualify for aid by filing late. Id. at 850 , 104 S.Ct. at 3353-54 .

Roe v. Wade

314 F. Supp. 1217 · District Court, N.D. Texas · Jun 17, 1970

Clearly, the question whether to abstain concerning an injunction against the enforcement of state criminal laws is divorced from concerns of abstention in rendering a declaratory judgment. Quoting from Zwickler v. … We need not here delineate the factors which could qualify the right of a mother to have an abortion.

Jay v. United States Department of Agriculture

308 F. Supp. 100 · District Court, N.D. Texas · Dec 30, 1969

Although plaintiffs Jay and Doss qualify for, and are in great need of, Federal food assistance, they receive no aid solely because of their county of residence. 3. … Congress has clearly declared its intent that the Federal food programs be implemented and made available “to the maximum extent practicable.” 7 U.S.C. § 2011 . 5.

Nunez-Renck v. International Business Machines Corporation

District Court, N.D. Texas · Apr 5, 2024

When the plaintiff has not presented direct evidence of employment discrimination, she must make a prima facie showing of discrimination by establishing that (1) she is a member of a protected class; (2) she was qualified … Nuñez still does not clearly identify the protected activity in which she engaged. Although she apparently testified for IBM in the Kingston v.

Fiberco Inc v. Acadia Insurance Company

District Court, N.D. Texas · Nov 15, 2023

April 10, 2021 (the “Policy”).2 In April 2020, the building suffered damage from a hailstorm while the Policy was 1 The Court’s Order on the parties’ motions for summary judgment concludes that FiberCo did not establish … As an initial matter, however, Day is clearly qualified, and his reports are relevant to the action.

McCalister v. United States

District Court, N.D. Texas · Feb 23, 2023

The factual resume set forth the penalty Movant faced, the elements of the offense, and the stipulated facts establishing that Movant had committed the offense. CR ECF No. 15. … Here, the Court clearly expressed by detailed reasons that the same sentence would be imposed even had the guideline range been improperly calculated. Molina-Martinez v.

Buchanan v. LaRue

District Court, N.D. Texas · Feb 6, 2020

Higgs, 892 F.2d 438, 440 (Sth Cir. 1990), if it is frivolous', malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §§ … deliberate indifference requires the prisoner to submit evidence that prison officials “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly

Addison v. Sedco Forex, U.S.A.

798 F. Supp. 1273 · District Court, N.D. Texas · Jul 27, 1992

The preemption provision is familiar territory for the federal courts and, as is oft noted, is “deliberately expansive, and designed to ‘establish pension plan regulation as exclusively a federal concern.’ ” Pilot Life Ins … Taylor (In re Goff), that ERISA “clearly was not intended to affect the operation of other federal law.” 706 F.2d 574 , 587 (5th Cir.1983).

BlueLinx Corporation v. Edwards

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

Co., 982 F.3d 280, 288 (5th Cir. 2020) (“A preliminary has clearly carried [its] burden of persuasion’” with respect to all four requirements.) (citation omitted). … Plaintiff, however, has not shown that its evidence qualifies as trade secrets under the DTSA.

State of Texas v. Becerra

District Court, N.D. Texas · Dec 15, 2021

authority to establish vaccination requirements.” 86 Fed. … Although CMS acknowledges the effectiveness of natural immunity, it rejects natural immunity as a viable alternative to the CMS Mandate’s vaccination requirement.21 86 Fed. Reg. at 61,614.

Roberts v. Willow Distributors, Inc.

967 F. Supp. 904 · District Court, N.D. Texas · Jun 30, 1997

P. 8, 2 the court concludes that Willow has met its burden of showing that the work Roberts performed as a merchandiser qualifies him as an “outside salesman” and thus exempts him from the overtime provisions of the FLSA. … The court will assume, for purposes of this motion, that Roberts has established a prima facie case of discrimination.

Mendoza

District Court, N.D. Texas · Mar 19, 2026

The burden is on the proponent of expert witness testimony to establish by a preponderance of the evidence that the testimony is admissible. See Daubert, 509 U.S. at 592 n.10. … M.’s epilepsy and accompanying seizures “clearly constituted qualifying impairments that substantially limited major life activities” and “entitl[ed] him to protections under federal disability law” (ECF 52 at 8), and any

Kirk v. Our Community Our Children

District Court, N.D. Texas · Aug 22, 2025

ACH has not carried its burden to show that the Fort Worth Division is a “clearly more convenient venue” than the Dallas Division. … “Title VII and [§] 1981 require the same proof to establish liability.” Shackelford v. Deloitte & Touche, LLP, 190 F.3d 398, 403 n.2 (5th Cir. 1999) (citing Bunch v.

Smith v. AZZ Inc.

District Court, N.D. Texas · Mar 23, 2021

Alternatively, the plaintiff can produce evidence to show that she was clearly better qualified than the person selected for the position. Churchill v. Texas Dept. of Crim. Justice, 539 F. … To establish a prima facie age discrimination case under the ADEA for wrongful termination, a plaintiff must show that: (1) she was discharged; (2) she was qualified for the position; (3) she was within the protected class

Independent Financial Group LLC v. Harrison

District Court, N.D. Texas · Jun 6, 2025

These allegations clearly implicate USAllianz for its conduct upon affliating with Morrison. … The court concluded the defendants’ failure-to-supervise claim was arbitrable because it “clearly ‘arises in connection with the business’ of ONESCO[.]” Id.

McGowan v. Southern Methodist University

District Court, N.D. Texas · Apr 11, 2023

The parties dispute whether these documents are protected by either attorney-client privilege or work-product immunity. … Thus, SMU has failed to meet its burden of establishing that the interviews are privileged.

Hamer v. Central Office Administrative Remedy

District Court, N.D. Texas · Feb 4, 2021

1915(e)(2) provide for sua sponte dismissal of the complaint or any portion thereof, if it is frivolous, malicious, fails to state claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … Kyle, 65 F.3d 29, 31-32 (5th Cir. 1995) (noting that “it is difficult to see that any other deprivations in the prison context, short of those that clearly impinge on the duration of confinement, will hence- forth qualify