Case law

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

Corbello v. Sedgwick Claims Management Services, Inc.

856 F. Supp. 2d 868 · District Court, N.D. Texas · Mar 7, 2012

If the nonmoving party fails to make a showing sufficient to establish the existence of an element essential to its ease and on which it will bear the burden of proof at trial, summary judgment must be granted. … “A plan administrator abuses its discretion where the decision is not ‘based on evidence, even if disputable, that clearly supports the basis for its denial.’ ” Holland v. International Paper Co. Ret.

Cross Timbers Concerned Citizens v. Saginaw

991 F. Supp. 563 · District Court, N.D. Texas · Dec 16, 1997

The General Permit governs all Texas CAFO operations as point sources under the effluent standards the EPA established. … Although Plaintiff’s Complaint did not mention subsection (a)(1) in the section on jurisdiction, it clearly relied on that subsection elsewhere in the ' Complaint as a basis' for jurisdiction. 4 .

Poullard v. Jones

District Court, N.D. Texas · Sep 17, 2021

Avado Brands, Inc., 187 - 9 - F.3d 1271, 1279–80 (11th Cir. 1999) (noting that affidavits are “clearly the sort of evidentiary material that is not appropriate … In considering the actions of multiple independent intermediaries, the Court need only consider whether one act was sufficient to break the casual chain and immunize Jones. See Buehler v.

Williams v. City of Dallas

734 F. Supp. 1317 · District Court, N.D. Texas · Mar 28, 1990

As to liability, Judge Mahon — with out using these exact terms — clearly held that the black plaintiff class in Lipscomb had established the three “threshold” requirements that were later defined in Thornburg v. … Finally, although it was clearly established that Al Gonzalez was an excellent at-large representative of all minorities, 249 it was also obvious that minorities still objected because 4 of the 11 members of the City Council

United States v. Hunt

366 F. Supp. 172 · District Court, N.D. Texas · Nov 14, 1973

257 , 80 S.Ct. 725 , 4 L.Ed.2d 697 (1960), in construing the right of a person to assert fourth amendment rights by a motion to suppress filed under Rule 41(e), Federal Rules of Criminal Procedure, stated: “In order to qualify … It is well established that searches conducted outside of the judicial process, without prior approval of a judge or magistrate, are per se unreasonable under the Fourth Amendment — subject to only a few specifically established

Payne v. Sutterfield

District Court, N.D. Texas · Sep 2, 2020

That caution notwithstanding, a “claim against a defendant who is immune from suit is frivolous because it is based upon an indisputably meritless legal theory. … A condition may qualify as an ADA disability even if it is not severe or permanent. See id. § 3(4)(D). 2.

Polak v. Sterilite Corporation

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

To establish a prima facie case of discrimination based on a disability under the ADA, Polak must show that (1) he suffers from a disability or is regarded as disabled; (2) he is qualified for the job despite the disability … The Policy also clearly permits the termination of any employee who tests positive for illegal drugs. See id. at 57.

Lewis

District Court, N.D. Texas · May 14, 2026

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.

Woods v. STS Aviation

District Court, N.D. Texas · Apr 1, 2024

her work assignments and standard on-boarding procedures and does not “expressly, clearly, and specifically” modify Woods’s at-will employment status. … -5- except under clearly specified circumstances.” Wal-Mart Stores, Inc. v.

Holley v. Kitty Hawk Inc.

200 F.R.D. 275 · District Court, N.D. Texas · Mar 6, 2001

The PSLRA establishes a procedure governing the appointment of a lead plaintiff and lead counsel in private actions arising under the Securities Exchange Act that is brought by a plaintiff class action pursuant to the Federal … Third, the purported class period is clearly indicated as running between April 22, 1999 and April 11, 2000. Id.

Kovac v. Wray

363 F. Supp. 3d 721 · District Court, N.D. Texas · Mar 5, 2019

Government agencies "nominate" individuals who may qualify for inclusion and submit those "nominations" to the NCTC for inclusion in its Terrorist Identities Datamart Environment ("TIDE") database. Id. at 12 . … Further, it is well-established and " 'clearly proper in deciding a 12(b)(6) motion [that a court may] take judicial notice of matters of public record.' " Funk v.

United States v. United Statesplabs, LLC

338 F. Supp. 3d 547 · District Court, N.D. Texas · Oct 5, 2018

To qualify as unconstitutionally vague, a statute must be "impermissibly vague in all its applications," Village of Hoffman Estates v. … The Government counters that the investigations in question qualify *579 as "proceedings before" the FDA. Doc. 411 at 5-13.

Miller v. Dunn

District Court, N.D. Texas · Nov 5, 2020

In this case, however, Defendants Plumlee and Diaz have acted without jurisdiction, well in excess of their authority, and they are therefore deprived of immunity. … Considering the second and third purposes for Rule 59(e), such motions “‘must clearly establish either a manifest error of law or fact or must present newly discovered evidence’” and “‘cannot be used to argue a case under

Jean v. Guyger

District Court, N.D. Texas · Sep 29, 2023

A court granted the officers summary judgment on qualified immunity grounds. Dawes, et al. v. City of Dallas, Tex., et al., Case No. 3:17-cv-1424-X (N.D. Tex.) ECF No. 142. An appeal is pending. II. … For summary judgment, however, Plaintiffs briefed only six incidents and claim they establish a pattern. Given Fifth Circuit precedent, those six incidents are insufficient to establish a pattern.

Lacy v. Mann + Hummel/Air Filtration Americas

District Court, N.D. Texas · Oct 11, 2024

Accordingly, Lacy has not established that she is entitled to equitable tolling. … Under this framework, a plaintiff must establish a prima facie case of discrimination by showing that (1) [s]he is a member of a protected class, (2) [s]he was qualified for the position at

Ward v. Commissioner of Social Security

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

Substantial evidence did not support the ALJ’s RFC determination in Ripley, thus warranting remand, because the record “d[id] not clearly establish…the effect [the claimant’s] condition had on his ability to … After Ripley, the Court found that reversible error lies where the “record does not clearly establish” how an applicant’s condition affects his ability to work. Bowles v. Comm'r of Soc.

Enviroglas Products, Inc. v. Enviroglas Products, LLC

705 F. Supp. 2d 560 · District Court, N.D. Texas · Apr 6, 2010

(citing Med-Immune, Inc. v. Genentech, Inc., 549 U.S. 118, 126-27 , 127 S.Ct. 764 , 166 L.Ed.2d 604 (2007))). … Therefore, if the transferee district “is not clearly more convenient,” the plaintiffs choice of venue must be respected. Id.

Bryant Ex Rel. Bryant v. Giacomini, S.P.A.

391 F. Supp. 2d 495 · District Court, N.D. Texas · Oct 12, 2005

“The risk of child play is subsumed in the risk of adult use and is clearly relevant to the risk-utility analysis.” Flock, 319 F.3d at 241 . … Their sole expert denies having any opinion concerning the warnings or lack thereof in this matter, despite his expressed beliefs that he is qualified to do so.

Rogers v. American Airlines, Inc.

192 F. Supp. 2d 661 · District Court, N.D. Texas · Oct 29, 2001

The final inquiry is whether Congress clearly intended that claims brought under the Warsaw Convention be removable. … The Court is unaware of any case interpreting the well-pleaded complaint doctrine in a fashion which would qualify that general allegation as a Warsaw Convention claim.