Case law

Brantley v. Director, TDCJ-CID

District Court, N.D. Texas · Feb 13, 2024

A federal court may grant relief if the state court adjudicated a constitutional claim contrary to, or unreasonably applied clearly established federal law as determined by the Supreme Court. Harrington v. … Moreover, he cannot show that the state courts’ denial of his claims constituted an unreasonable or contrary application of clearly established federal law as required by 28 U.S.C. § 2254(d).

US Ex Rel. Wall v. Vista Hospice Care, Inc.

778 F. Supp. 2d 709 · District Court, N.D. Texas · Mar 9, 2011

To qualify for federal funding, participating states must develop a plan for medical assistance to the poor, develop cost-based payment rates to reimburse medical providers for services rendered to eligible recipients, and … She does not allege clearly whether the patients were all admitted in Denton, Texas or elsewhere (“where”).

Streater v. Lorie Davis, Director TDCJ-CID

District Court, N.D. Texas · Dec 6, 2021

Aaron, 570 F.2d 317, 319 (10th Cir. 1978) (establishing procedure approved in Cay). … Additionally, Plaintiff asserts that his food allergies qualify as a disability under the statutes. (See id. at 8.)

Lara v. Penhall Company

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

. § 1981, the Americans with Disabilities Act (“ADA”), and Texas law – “the complaint need not contain specific facts establishing a prima facie case of discrimination [or retaliation] under the framework set forth ... … This termination was clearly discriminatory and retaliatory. First, Penhall’s failure to provide a reason for the termination at the time of termination will be burden shifting.

Whitley v. Hartford Accident & Indemnity Co.

532 F. Supp. 190 · District Court, N.D. Texas · Apr 16, 1981

in Texas, however, that an exception has been carved out of this general rule where: the statute creates a right and also incorporates a limitation upon the time within *195 which a suit is to be brought, the limitation qualified … The limitations statute which the Plaintiff seeks to avoid is an integral part of the regulatory system created by the Pennsylvania legislature “to establish at reasonable cost to the purchaser of insurance, a statewide system

Parmley v. Home Depot USA Inc

District Court, N.D. Texas · Mar 20, 2024

The Court assumes that Lewis is a qualified expert and his declaration is otherwise relevant. Thus, the dispositive issue here is whether Lewis’s opinion is reliable. … This conclusion does not clearly follow from Lewis’s premises, and he fails to bridge this logical gap in his declaration. State Auto. Mut. Ins. Co. v.

Baylor All Saints Medical Center v. Becerra

District Court, N.D. Texas · Aug 15, 2024

Under the 340B Program, qualifying DSHs receive a substantial rebate on many drugs, enabling them to use such drugs at or below a statutory price ceiling. See generally 42 U.S.C. § 256b. … And the bigger the numerator, the greater the proportion of patient days factored into the DSH percentage, resulting in more money for qualifying DSHs. Why does this matter?

Jarvis v. Knowlton

459 F. Supp. 687 · District Court, N.D. Texas · Oct 12, 1978

If Eyssen had prosecuted Jarvis for kidnapping and obtained a conviction, then the Double Jeopardy Clause would clearly preclude prosecution of the attempted capital murder indictments. Brown v. … Insofar as plaintiff seeks attorneys fees from defendants individually, they enjoy absolute immunity from recovery of those fees under Imbler v. Pachtman, 424 U.S. 409 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976).

2999TC LP, LLC v. Hodges

District Court, N.D. Texas · Apr 12, 2021

Br. at 16), the bankruptcy court properly considered and rejected it because “[c]osts associated with a second trial . . . do not qualify as plain legal prejudice.” Robles, 77 F. … None of the bankruptcy court’s findings in support of its decision are clearly erroneous.

Doherty v. Center for Assisted Reproduction, P.A.

108 F. Supp. 2d 672 · District Court, N.D. Texas · Jul 13, 2000

Plaintiff, as an embryologist, was clearly an employee exempt from the FLSA’s overtime compensation requirement. … The McDonnell Douglas test requires the plaintiff to show that (1) she was a member of a protected class, (2) she was qualified for the position she lost, (3) she suffered an adverse employment action, and (4) others similarly

Reyna v. Epiroc Drilling Solutions LLC

District Court, N.D. Texas · Jan 28, 2025

A: I think he recommends also Edgar.74 When the employer’s proffered reason is that another candidate is more qualified, the plaintiff can show pretext either by showing that he is “clearly … evidence and he has not attempted to show he is clearly more qualified than Huong, his failure to promote claim fails.

Sanders v. Casa View Baptist Church

898 F. Supp. 1169 · District Court, N.D. Texas · Aug 24, 1995

A plaintiff makes out a prima facie ease of sex discrimination by proving: 1) she was discharged; 2) she was qualified for the position; 3) she was within the protected class at the time of discharge; and 4) she was replaced … Moreover, even if Plaintiffs could establish sexual harassment against Baucum, Plaintiffs cannot recover from Casa View for Baucum’s alleged sexual harassment unless they can establish vicarious liability under respondeat

State of Texas v. Janet Yellen, in her official capacity as Secretary of the Treasury

District Court, N.D. Texas · Apr 8, 2022

ARPA establishes a “Coronavirus State Fiscal Recovery Fund,” which earmarks $220 billion to mitigate the fiscal effects of the COVID-19 pandemic on States, territories, and tribal governments ! … Accordingly, enforcing those limitations will serve that interest, an interest that qualifies as ‘public.’”).

Janvey v. Suarez

978 F. Supp. 2d 685 · District Court, N.D. Texas · Oct 17, 2013

Like the defendants in Alguire , Suarez does not establish that she qualifies for TUFTA’s good-faith affirmative defense, and — beyond the statute of limitations defense discussed below-another defense does not present itself … Co., 794 F.2d 967, 970 (5th Cir.1986) (noting that a court should grant dismissal under Rule 12(b)(6) “if a successful affirmative defense appears clearly on the face of the pleadings.”) (citations omitted).

Calderon-Canas v. United States

District Court, N.D. Texas · Sep 24, 2019

United States, 531 U.S. 198, 200 (2001) (holding “that if an increased prison term did flow from an error [of counsel] the petitioner has established Strickland prejudice”). … Movant contends that the key point in Mathis was that the modified categorical approach could be used when a statute sets out alternative elements, instead of alternative factual means, and the Supreme Court clearly stated

Erwin v. Texas Health Choice, L.C.

187 F. Supp. 2d 661 · District Court, N.D. Texas · Feb 22, 2002

Defendants urge that since these bad faith claims clearly “relate to” Defendants’ coverage decisions, they are preempted by ERISA. … As to Plaintiffs Article 21.21 claim, the Fifth Circuit has held that an employee’s suit is not immune from preemption even though based on Article *665 21.21. Ramirez v.

Amarillo-Borger Express, Inc. v. United States

138 F. Supp. 411 · District Court, N.D. Texas · Jan 24, 1956

In the early part of 1954, the rail carriers published certain schedules which established a substantial differential in their favor below motor carrier rates. … Since, as competing carriers, they are clearly an aggrieved party entitled to complain of Commission action, Alton R. Co. v. United States, 315 U.S. 15 , 62 S.Ct. 432 , 86 L.Ed. 586 ; Chicago, St. P., M. & O. R. Co. v.

Reyes v. North Texas Tollway Authority

186 F. Supp. 3d 621 · District Court, N.D. Texas · May 16, 2016

NTTA did not act outside established norms in setting the $25 administrative fee. … NTTA clearly outlined the circumstances in which the CSC agents were permitted to waive administrative fees. Id. at 046-66.

Ades

District Court, N.D. Texas · Apr 3, 2026

Additionally, the Court may grant a temporary restraining order only when the movant establishes each of the following elements: (1) a substantial likelihood of success on the merits, ( … Given these concerns, and Plaintiff’s failure to address whether Defendant, the Secretary of the Department of Treasury, is immune from suit, Plaintiff has not demonstrated a substantial likelihood of success on the merits

Huffman v. Commissioner, Social Security Administration

District Court, N.D. Texas · Sep 3, 2021

“In order to qualify for disability insurance benefits or [supplemental security income], a claimant must suffer from a disability.” Id. (citing 42 U.S.C. § 423(d)(1)(A)). … Nelon’s opinion, “the record does not clearly establish … the effect [Plaintiff]’s condition had on [her] ability to work.” Ripley, 67 F.3d at 557.