Case law

Brackeen v. Zinke

338 F. Supp. 3d 514 · District Court, N.D. Texas · Oct 4, 2018

See 25 U.S.C. § 1912 (e) (establishing a clear and convincing evidence standard for foster placements). … That argument contradicts the Final Rule itself which clearly implements binding regulations to counteract the very discretion Defendants argue states are allowed. See 25 CFR 23.132(b); see 81 Fed.

Pimpton v. Collier

District Court, N.D. Texas · Sep 5, 2024

Tex. 2006) (collecting authorities and holding that claim against state official in his official capacity was barred by sovereign and Eleventh Amendment immunities). … The district court is not required to allow such an opportunity, though, if the prisoner’s claims are clearly frivolous, Eason v.

Liggins v. Duncanville Texas

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

ANALYSIS Section 1983 “provides a federal cause of action for the deprivation, under color of law, of a citizen’s ‘rights, privileges, or immunities secured by the Constitution and laws’ of the United States.” … An official policy is most clearly established through a policy statement formally announced by an official policymaker. See id.

Gadhave v. Thompson

District Court, N.D. Texas · Oct 19, 2023

At this step, USCIS “consider[s] whether the record establishe[s] [the applicant’s] sustained acclaim and status at the top of his field.” Id. at 389. … Additionally, USCIS’s explanation for its decision does not clearly run counter to the evidence before it. See id.

The Inclusive Communities Project Inc v. Heartland Community Association Inc

District Court, N.D. Texas · Aug 7, 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 Fifth Circuit noted, however, that the Court “did not clearly delineate [the] meaning or requirements” of the robust causation requirement. Id.

Purdy v. Director, TDCJ-CID

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

established.’” … “But the Supreme Court has only clearly established precedent if it has ‘broken sufficient legal ground to establish an asked-for constitutional principle.’” Id.

Hodge v. Zimmerman

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

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 … The district court is not required to allow such an opportunity, though, if the prisoner’s claims are clearly frivolous, Eason v.

Glenewinkel v. Carvajal

District Court, N.D. Texas · Sep 14, 2020

Indeed, the -6- Court agrees with the Third Circuit that, read in conjunction with the neighboring provisions establishing that a filing fee may be paid … See, e.g., id. at 4 (stating that FCI Seogoville’s staff maintained “a semi-normal routine under the assumption that Seagoville was under an ‘immunity bubble’ despite the virus’s “running rampant throughout various BOP facilities

Texas v. United States

352 F. Supp. 3d 665 · District Court, N.D. Texas · Dec 30, 2018

Gee , 862 F.3d 445 , 455 (5th Cir. 2017), cert. denied , 139 S.Ct. 408 (2018) ("This argument ignores the well-established principle that a threatened injury may be sufficient to establish standing ... … and PPGC is no longer a qualified provider.

Witherspoon v. Waybourn

District Court, N.D. Texas · Jun 25, 2021

The court cannot assume that it has jurisdiction; rather, “the basis upon which jurisdiction depends must be alleged affirmatively and distinctly and cannot be established argumentatively or by mere inference.” … New York City Department of Social Services, 436 U.S. 658 (1978); and (iii) that Chaplain McDuffie in his individual capacity is entitled to qualified immunity. See Def.’s Rule 12(b)(6) Mot.

Frey v. Health Management Systems Inc

District Court, N.D. Texas · Oct 1, 2021

§ 199.8 (“Congress clearly has intended that TRICARE be the secondary payer to all health benefit, insurance and third-party payer plans.”). … The allegations discussed supra clearly establish at least this level of knowledge.

Villarreael v. Navistar Inc

District Court, N.D. Texas · May 2, 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 law … Or evidence brought in through a proper records custodian by affidavit may qualify to go back to the jury room.

Gonzalez v. Blue Cross Blue Shield Association

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

To require that Gonzalez elect to receive a service she knew would not be covered in order to establish standing would be unreasonable. … To the extent the claims arise from an alleged improper denial of PBT, they implicate the Plan, which clearly relates to coverage and benefits.

De Paz Gonzalez v. Duane

District Court, N.D. Texas · Nov 18, 2021

Dist., 28 F.3d 521, 525 (Sth Cir. 2004). , The law is clearly established that the doctrine of respondent superior does not apply to § 1983 actions. … To the extent plaintiffs assert claims arising out "The local state court of appeals has recognized that the operative section of the TADA provides a set of procedures by which an attending physician may obtain immunity

Amaya-Aldaba v. Fifth Third Bank

District Court, N.D. Texas · Oct 10, 2024

Those factors may include “(1) whether material issues of fact are at issue; (2) whether there has been substantial prejudice; (3) whether grounds for default are clearly established; (4) whether default was caused … There are clearly established grounds for default: Gonzalez failed to answer Fifth Third Bank’s third-party complaint.

World Fuel Services Corp. v. Moorehead

229 F. Supp. 2d 584 · District Court, N.D. Texas · May 14, 2002

That these assets cannot be readily attached is also established by the evidence. … Even if the court were inclined to do so, there is no need to engage in “sheer speculation,” as the evidence clearly supports an inference that Defendant may have engaged in fraudulent conduct.

Montgomery v. Barr

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

Claims qualify as frivolous when they lack an arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). … Montgomery’s APA Claim The APA waives sovereign immunity concerning non-monetary claims made against federal agencies, including the BOP. 5 U.S.C. § 702.

Cox v. Shut Up And Laugh Publishing, LLC

District Court, N.D. Texas · Aug 7, 2023

ANALYSIS Plaintiff meets all three requirements to qualify for a default judgment. Defendants failed to answer or otherwise respond against Plaintiff’s Complaint. … Third, Defendants’ continued failure to participate in this litigation establishes the requisite grounds for default.

Americans for Beneficiary Choice v. United States Department of Health and Human Services

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

Notably, this same data qualifies as “protected health information” for purposes of the Health Insurance Portability and Accountability Act (“HIPAA”). 45 C.F.R. … In other words, CMS’s prior regulations clearly affirmed that administrative payments were not considered compensation, which can hardly be interpreted as a “noncommittal” position.

Riddley v. Coopersurgical, Inc.

District Court, N.D. Texas · Oct 23, 2024

As Plaintiff points out in the Responses to each of Defendants’ Motions, this was clearly the result of careful drafting, (ECF 24 at 1, 6; ECF 26 at 1; and ECF 28 at 1, 8). … Despite these multiple forms of preemption by the MDA, courts have been clear that the law does not result in complete immunity for federally-regulated medical device companies.