Case law

Harrison v. Phillips

District Court, N.D. Texas · Jul 3, 2019

Under Burford, abstention is proper “where the issues ‘so clearly involve basic problems of [State] policy’ that the federal courts should avoid entanglement.” Aransas Project v. … This arises under 42 U.S.C. § 12132, which prohibits discrimination against qualified disabled individuals: Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason

Crawford v. Lewis

District Court, N.D. Texas · Aug 5, 2025

To establish liability under 42 U.S.C. § 1983, a civil rights plaintiff must establish two elements: (1) state action, i.e., that the conduct complained of was committed under color of state law, and (2) a resulting violation … The district court is not required to allow such an opportunity, though, if the prisoner’s claims are clearly frivolous, Eason v.

Euristhe v. Beckmann

District Court, N.D. Texas · Jun 30, 2023

The party seeking injunctive relief must clearly carry the burden of persuasion on all four Callaway prerequisites to prevail. Mississippi Power & Light Co. v. … . § 1101(21)(a) such that they are “protected people with diplomatic immunity.” ECF No. 1 at 5. Such sovereign-citizen legal arguments are indisputably meritless.

McCune v. Zhongyiqun

District Court, N.D. Texas · Apr 12, 2023

Typically, analyzing whether a trade dress qualifies for protection requires considering the product’s functionality, distinctiveness, and secondary meaning. Id. … Thus, Plaintiffs have shown that their trade dress qualifies for protection.

In re Online Travel Co. (OTC) Hotel Booking Antitrust Litigation

997 F. Supp. 2d 526 · District Court, N.D. Texas · Feb 18, 2014

Similarly, Plaintiffs have plausibly alleged that the rate guarantees qualify as “unfair” under the consumer protection statutes. … A proximate causation “deficiency” may be seen more clearly “by removing the [misconduct] from the [Plaintiffs’ narrative.” Walters v. McMahen, 684 F.3d 435, 444 (4th Cir.2012).

Kolluri v. United States Citizenship and Immigration Service

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

The plain reading of the regulations shows that Plaintiffs do not qualify for an automatic extension of their work authorization. … Thus, the Court determines that Plaintiffs have not met their burden in establishing bad faith.

Waples-Platter Companies v. General Foods Corp.

439 F. Supp. 551 · District Court, N.D. Texas · Oct 19, 1977

If a mark is “generic” (by virtue of including the proper name of the product or of an essential ingredient), it is clearly weak. … Thus the term “ranch style” is clearly descriptive in a literal sense.

Welsh v. Lamb County

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

Mandel, 408 U.S. 753, 762-63 (1972) (explaining that “[i]t is now well established that the Constitution protects the right to receive information and ideas”’); Mann v. … Plaintiff objects, arguing that the Magistrate Judge failed to consider his claim under the Privileges and Immunities Clause as he intended it.

Gerstman v. Crestbrook Insurance Company

District Court, N.D. Texas · Jun 9, 2025

The first requirement is that the expert be qualified. … “Rule 702 does not mandate that an expert be highly qualified in order to testify about a given issue.

United States of America v. Healthcare Associates of Texas LLC

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

However, that email is clearly not the only basis for his opinion. Anderson has decades of experience with EHR and other healthcare information management systems. Id. at 7. … She brings it up because she believes HCAT relied on the Stark law when establishing its policies about which providers should bill which services. Id. at 4590–91.

Alexander v. Beach

District Court, N.D. Texas · May 29, 2020

relief from a defendant who is immune from such relief. 28 U.S.C. §§ 1915A and 1915(e)(2). … ANALYSIS The right of an inmate to be protected from assault by other inmates was clearly established under the Eighth Amendment at the time of the events giving rise to this lawsuit. See Farmer v.

Arista

District Court, N.D. Texas · Mar 10, 2026

A state court decision is “contrary” to clearly established federal law only if “it relies on legal rules that directly conflict with prior holdings of the Supreme Court or if it reaches a different conclusion than … established.’”

Lind v. UNC INC.

36 F. Supp. 2d 350 · District Court, N.D. Texas · Feb 19, 1999

To establish a prima facie case of age discrimination, Lind must set forth evidence showing that’l) he was discharged; 2) he was qualified for his position; 3) he was within the protected *356 class; and 4) he was replaced … Lind’s subjective belief will not sufficiently establish his ADEA claim. Waggoner, 987 F.2d at 1164 .

Chaplin v. HCL America, Inc.

District Court, N.D. Texas · Dec 12, 2023

First, Chaplin must establish a prima facie claim by showing “(1) [he] is a qualified individual with a disability; (2) the disability and its consequential limitations were known by [HCL]; and (3) [HCL] failed … To establish his claim, Chaplin must show HCL failed to provide reasonable accommodations for his disabilities. See Amedee, 953 F.3d at 837.

Villas at Parkside Partners v. City of Farmers Branch

701 F. Supp. 2d 835 · District Court, N.D. Texas · Mar 24, 2010

Ass’n, 505 U.S. 88, 108 , 112 S.Ct. 2374 , 120 L.Ed.2d 73 (1992) (“any state law, however clearly within a State’s acknowledged power, which interferes with or is contrary to a federal law, must yield.”). … See, e.g., 8 U.S.C. § 1229a (admission and removal); 8 U.S.C. § 1641 (qualified alien for purposes of public benefit); 8 U.S.C. § 1324a (qualified alien for purposes of employment). 24 .

State Automobile Mutual Insurance Company v. Freehold Management Inc

District Court, N.D. Texas · Aug 22, 2019

Additionally, Plaintiff maintains that Defendants’ “fluid claims of damage” clearly demonstrate that there is a genuine dispute of material fact regarding Defendants’ faulty maintenance of the Property after the storm because … Defenses (Doc. 186) should be and is hereby denied, as the issues raised by the parties are better left for resolution at trial after the court conducts a Daubert hearing to determine whether the remaining experts are qualified

B S v. Waxahachie Independent School District

District Court, N.D. Texas · Aug 16, 2019

Stryker Corp., 631 F.3d 777, 783 (5th Cir. 2011) (citation omitted) (“[I]t 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.”). … 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.

Ventura v. Professional Frame and Home

District Court, N.D. Texas · Dec 18, 2020

established; (4) whether the default was 1 See, e.g., Wooten v. … Third, the defendants’ continual failure to respond or participate in this ligation clearly establishes grounds for the default.

Biziko v. Van Horne

District Court, N.D. Texas · Aug 20, 2019

But, because Plaintiff has the burden to establish employer status to support her FLSA claim, she must establish the employer status of each defendant “beyond peradventure.” See id. (citation omitted). … Plaintiff must only establish coverage under one of the available methods.

Kennemer v. Parker County

District Court, N.D. Texas · Mar 30, 2021

He alleges Defendant 5 was called and observed the injury, and she (with military training) could see that medical attention by a qualified doctor was needed, but she did not call for an ambulance and told him it would be … A detainee is required to establish that the defendant official has actual subjective knowledge of a substantial risk of serious harm but responds with deliberate indifference to that risk.