Case law

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.

Hill v. American National Can Co./Foster Forbes Glass Division

952 F. Supp. 398 · District Court, N.D. Texas · Oct 9, 1996

The history of the statute’s enactment clarifies the law established in Alexander specifically with respect to the ADA Clearly, Congress intended citizens to have a clear path to the rights and remedies created by the ADA … Clearly, from the terms of the CBA, the employee’s role in the process is minimal.

Matez v. Foley

District Court, N.D. Texas · Jun 3, 2020

Notwithstanding any potential merit to the factual accuracy of this claim, it is firmly established that past exposure to illegal conduct—without any current, continuing adverse effects—is insufficient to establish … Furthermore, the facts alleged do not show— let alone clearly show-——that deliberate indifference will occur in the future and thereby place Plaintiff in immediate danger of serious injury.

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.

Behnken v. Luminant Mining Co.

997 F. Supp. 2d 511 · District Court, N.D. Texas · Feb 14, 2014

The court agrees with plaintiffs that the proposed notice form clearly indicates that plaintiffs are seeking recovery of “unpaid overtime compensation.” E.g., Ps. App. 35. … To qualify as a bona fide meal time, the employee must be completely relieved from duty. See id.

United States v. Bredimus

234 F. Supp. 2d 639 · District Court, N.D. Texas · Jul 19, 2002

Others are such that to limit their locus to the strictly territorial jurisdiction would be greatly to curtail the scope and usefulness of the statute and leave open a large immunity for frauds as easily committed by citizens … If either side establishes that additional time is needed, the court will extend the current trial setting up to three weeks past its current setting of August 19, 2002.

Lelsz v. Kavanagh

673 F. Supp. 828 · District Court, N.D. Texas · Oct 15, 1987

Each facility will have a physician peer review procedure established by the Medical Director and a nursing care review procedure established by the Director of Nursing which are modeled after systems described in current … Defendants will clearly delineate the types of staff behavior which are abusive or neglectful and provide specific and relevant examples of each type of abusive or neglectful action defined. g.

Hancock v. Chicago Title Insurance

635 F. Supp. 2d 539 · District Court, N.D. Texas · Jul 9, 2009

They maintain that they qualified for a reissue discount for lender title insurance when they refinanced their homes, and that Chicago Title failed, as mandated by Texas law, to discount the premiums. … Chicago Title has not established waiver.

Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan

District Court, N.D. Texas · Jun 21, 2022

The Board’s letter further reasoned that in order to qualify for Active Football T&P benefits, Plaintiff “would have to clearly and convincingly show that (1) [he] ha[s] a new or different impairment (Section 5.7(b)), … not “clearly and convincingly shown” that he was “totally and permanently disabled by a new or different impairment.”

Berry v. Indianapolis Life Insurance

608 F. Supp. 2d 785 · District Court, N.D. Texas · Mar 11, 2009

The policies issued by American General are clearly referenced repeatedly in the Complaint. (See, e.g., Compl. ¶¶163, 164, 168-169). … It is well-established that “[c]laims alleging violations of the DTPA are subject to the requirements of Rule 9(b).” Patel v.

Terrazas v. Clements

537 F. Supp. 514 · District Court, N.D. Texas · Mar 24, 1982

By the spring of 1978, the House districts were established. … The record clearly indicates that the LRB did not apportion on the basis of qualified electors, as provided by Article III, Section 25 of the Texas Constitution. 12 .

Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan

District Court, N.D. Texas · Jun 21, 2022

The Board’s letter further reasoned that in order to qualify for Active Football T&P benefits, Plaintiff “would have to clearly and convincingly show that (1) [he] ha[s] a new or different impairment (Section 5.7(b)), … not “clearly and convincingly shown” that he was “totally and permanently disabled by a new or different impairment.”

The Savings Bank Mutual Life Insurance Company of Massachusetts v. Blackston

District Court, N.D. Texas · Jul 26, 2023

ANALYSIS Plaintiff meets all three requirements to qualify for a default judgment. Defendant failed to answer or otherwise respond against Plaintiff’s Complaint. … The Court considers a variety of factors to make such a determination, including whether: (1) there is an issue of material fact; (2) substantial prejudice is present; (3) proper grounds for default are clearly

Butler v. ACH Child and Family Services

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. … But Butler alleges no factual content to explain or support this assertion that she was a highly qualified candidate.

Roy v. United States

District Court, N.D. Texas · Aug 27, 2024

Akamnonu “establish that the denial of the constitutional claims were [sic] clearly erroneous and worked manifest injustice requiring the Court to entertain the claims on the merits,” his argument fails. … Akamnonu’s affidavit testimony does not establish that the Fifth Circuit’s decision was “clearly erroneous” and “worked manifest injustice.” Id. At best, P.

Aviall Services, Inc. v. Cooper Industries, LLC

572 F. Supp. 2d 676 · District Court, N.D. Texas · Aug 11, 2008

But as the Licciardi court also observed, a complete immunization of investigatory response costs from the requirement of NCP consistency is contrary to the text of CERCLA. … “It is well-established that costs of investigation, assessment, or monitoring of potential environmental harm qualify as ‘costs of response’ under CERCLA.”

Diggs v. Tango Management Consulting Inc

District Court, N.D. Texas · Aug 26, 2021

The case law is well-established that dismissal under Rule 12(b)(6) may be appropriate where an affirmative defense appears clearly on the face of Plaintiff’s Amended Complaint. See Love Terminal Partners, L.P. v. … Based on the allegations, the Court cannot conclude that this affirmative defense of the 90-day limitations period clearly appears on the face of Plaintiff’s Amended Complaint.

Yoshikawa v. Exxon Mobil Corporation

District Court, N.D. Texas · Sep 29, 2022

Statements about “assumptions intrinsic to those forward-looking statements . . . are also immunized.” In re Twitter, Inc. Sec. Litig., 2021 WL 4166725, at *1 (N.D. … However, the goal of full-year production exceeding 1 million gallons was “clearly forward looking.” Carlton, 184 F. Supp. 3d at 495.

United States v. Contreras-Mendoza

366 F. Supp. 2d 446 · District Court, N.D. Texas · Apr 1, 2005

An identification tag from a cleaning establishment was found on clothing inside the Expedition when it was searched after having been found at Webb’s. … Riley, 544 F.2d 237, 240 (5th Cir.1976), many of the Fifth Circuit opinions contain a qualifier, see, e.g., United States v.

Villas at Parkside Partners v. City of Farmers Branch

496 F. Supp. 2d 757 · District Court, N.D. Texas · Jun 19, 2007

Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified … clearly became so.”