Case law

Winn v. Cleburne Independent School District

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

To assert a sex discrimination claim under Title VII, a plaintiff must demonstrate that: (1) she was a member of a protected class; (2) she was qualified for her position; (3) she suffered an adverse employment action; … White, 548 U.S. 53, 68 (2006) (an employee’s engagement in a protected activity “cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees

Carmona v. The City of Dallas

District Court, N.D. Texas · Oct 11, 2019

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. … The TTCA, however, expressly preserves immunity for claims against governmental entities for intentional torts.

Connally v. Commissioner, Social Security Administration

District Court, N.D. Texas · Aug 24, 2022

Federal courts are to invoke jurisdiction to compel agency action only when the circumstances clearly require judicial intervention. … First, Plaintiff has established a clear right to relief.

Brewer v. United States

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

Here, as Movant admits that the state sentences at issue were not imposed on the same day, § 4A1.2(a)(2)(B) is clearly not satisfied. (See No. 3:22-CV-2318-B-BK, doc. 18 at 2; id., doc. 27 at 4-5, 15-16.) … Conclusory allegations are insufficient to establish Strickland prejudice. See Miller v.

Branch v. Berryhill

District Court, N.D. Texas · Mar 31, 2020

-3- “In order to qualify for disability insurance benefits or [supplemental security income … The record contained “a vast amount of medical evidence” establishing that the claimant had a back problem, but it did not clearly establish the effect of that problem on his ability to work, so the ALJ’s RFC determination

Green v. Director, TDCJ-CID

District Court, N.D. Texas · Sep 27, 2019

Texas was not clearly established federal law when an Ohio state court rejected Hill’s Atkins claim in 2009). … “[I]t is not an unreasonable application of clearly established Federal {aw for a state court to decline to apply a specific legal rule that has not been squarely established by this Court.”

Biliouris v. Patman

District Court, N.D. Texas · Jul 28, 2022

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. … Under this liberal rule of construction, “evidence that an account is an IRA is sufficient to establish that it is exempt, unless evidence is presented that the IRA does not qualify for exempt treatment under the Internal

Acosta v. Amarillo Independent School District

District Court, N.D. Texas · Apr 29, 2025

If no plausible right to relief is established, the claim must be dismissed. III. … Phrased differently, if the Court were to make a factual finding that AISD was negligent in connection with E.C.’s death based solely on the expert report, the Court would clearly be in error; if this case were to proceed

National Athletic Trainers' Ass'n v. United States Department of Health & Human Services

394 F. Supp. 2d 883 · District Court, N.D. Texas · Aug 25, 2005

An occupational or physical therapist is qualified under 42 C.F.R. § 484.4 if he or she meets certain educational or experience-based requirements. 42 C.F.R. § 484.4 . … ANALYSIS “A motion to alter or amend the judgment under Rule 59(e) must clearly establish either a manifest error of law or fact or must present newly discovered evidence and cannot be used to raise arguments which could,

Casey v. State Farm Lloyds

District Court, N.D. Texas · Aug 26, 2022

Saum’s CV, included as Exhibit A-1, outlines how he is qualified and competent to testify on the matters stated based on his observations. … He further argues that even if all the damage did not result from a hail or wind event, “the Policy still clearly covers ‘resulting loss from wear and tear.’” (citing Def.’s Summ. J. App. 36-37). The court agrees.

Ramachandran v. Jain

District Court, N.D. Texas · Dec 15, 2020

There is no indication that the qualifying sale will happen soon or ever. … J2 Cloud Services, LLC37 establishes standing in this case because he disputes the 2010 assignment. But James is clearly distinguishable.

Vuyanich v. Republic National Bank of Dallas

82 F.R.D. 420 · District Court, N.D. Texas · Apr 25, 1979

She testified that many other educated and qualified women were in comparable positions. … The Fifth Circuit, in Satterwhite and Payne , clearly rejected the Fourth Circuit’s view of Rodriquez .

Villarreael v. Navistar Inc

District Court, N.D. Texas · Jul 24, 2023

Exhibits, Depositions, and Witnesses The Court expects that the parties will reach agreements resolving those evidentiary issues that are governed by well-settled and clearly established … Or evidence brought in through a proper records custodian by affidavit may qualify to go back to the jury room.

State of Texas v. Bureau of Alcohol Tobacco Firearms and Explosives

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

To that end, it clarifies “that firearms dealing may occur wherever, or through whatever medium, qualifying . . . activities are conducted.” Id. … “Although one might read language in that opinion to require that only persons identified by their legal names can have standing, that was clearly not the intent of the Court.” Id.

BNSF Railway Company v. Internal Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division

District Court, N.D. Texas · Jan 14, 2022

SMART-TD argues that Section 3 “clearly delineates an exclusive list of job duties that BNSF can require of its road service employees without additional compensation.” Id. at 10. … The record before the Court does not establish an immediate threat of a strike.

Brown v. Astrue

597 F. Supp. 2d 691 · District Court, N.D. Texas · Feb 11, 2009

Whether the order qualified as a substantive ruling, and whether it explicitly or implicitly reached the merits, are separate questions. C Brown relies on another decision of this court, Goundie v. … The ALJ therefore clearly violated the court’s order by failing to conduct the very inquiry that the court specified in the remand order.

Career Colleges & Schools of Texas v. United States Department of Education

District Court, N.D. Texas · Apr 17, 2023

This burden in turn qualifies as an “unlawful rule imposing its burdens” in this division. Plaintiff cites Umphress and Texas as clear guidance. … In Sigoloff, the plaintiff failed to establish residency of the division and did not establish any meaningful connection to the division despite having ample opportunity to do so. Sigoloff v.

MDJ Aviation, LLC v. Uniflight, LLC

District Court, N.D. Texas · Apr 22, 2020

With regards to what provisions are stated earliest, Section 1.09 is clearly the first section that provides direction on this issue, giving it more weight in the Court’s analysis. … Because Section 1.09 clearly establishes the costs that Uniflight is responsible for under the Lease, and roof maintenance is not one of them, the Court finds that Uniflight is not responsible for the repairs to the roof

Vaughan v. Commissioner, Social Security Administration

District Court, N.D. Texas · Jun 25, 2025

What the record does not clearly establish is the effect Ripley’s condition had on his ability to work.”). … But if the evidence in the record clearly establishes the effects that a claimant’s impairments have on their ability to work, then the record contains “medical opinion” evidence, even without any statements from any medical

Young v. Capital One Bank USA NA

District Court, N.D. Texas · Nov 18, 2022

Rather, as the party defying the forum [] selection clause, the plaintiff bears the burden of establishing that transfer to the forum for which the parties bargained is unwarranted.” Atl. Marine, 571 U.S. at 63. … Plaintiff couches other statements in her declaration with similar qualifying language; she states that if her Capital One account invited her to see her credit score, she “may have clicked to look at it, but . . . would