Case law

Malbrew v. A+ Charter Schools

District Court, N.D. Texas · Aug 22, 2024

The School argues that Malbrew has not established his prima facie case of racial discrimination, as he fails to prove the second element: that he was qualified for the position at issue—a history teacher. … Since the School clearly pronounced numerous, justified reasons for non-renewing Malbrew, the question becomes whether Plaintiff proves such reasons to be pretext.

VanDerStok v. Garland

District Court, N.D. Texas · Sep 14, 2023

“firearms” as encompassing partially manufactured frames and receivers.1 ATF subsequently issued an “Open Letter to All Federal Firearms Licensees,” declaring that certain products are considered “frames” (and thus qualify … Even assuming their businesses survive the appeals process, Intervenor-Plaintiffs will never be able to recoup monetary damages at law due to the Government Defendants’ sovereign immunity.

Quantas Healthcare Management LLC v. Sun City Emergency Room LLC

District Court, N.D. Texas · Apr 8, 2024

‘A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify … United States, 4 F.3d 1313, 1322 n.23 (5th Cir. 1993) (“Rule 37(b) clearly indicates that district courts have authority to grant a broad spectrum of sanctions.”).

Winn v. Cleburne Independent School District

District Court, N.D. Texas · Sep 3, 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; … Here, Winn’s Second Amended Complaint clearly alleges these events were both retaliatory and discriminatory.

Confirm Laboratory LLC v. Becerra

District Court, N.D. Texas · Mar 28, 2024

Because “Plaintiff cites to no authority establishing as a matter of law that Defendant has a clearly established duty[, ]so plainly established as to be free from doubt[,]” the Court concludes that Plaintiff has not identified … /d Plaintiff attempts to expand its petition for mandamus in its Response by stating that the nondiscretionary duty owed to Plaintiff is “clearly established under the Medicare Act in requiring payment of Plaintiffs

Tidelands Royalty "B" Corp. v. Gulf Oil Corp.

611 F. Supp. 795 · District Court, N.D. Texas · Jun 18, 1985

Moreover, the provisions excusing Gulf from drilling on Block 322 were certainly not intended to immunize Gulf from its own drainage of gas from this property. Coyle v. … The fact of this drainage is also established by the Affidavit of Phil Porter, filed in support of Tidelands' motion for partial summary judgment.

Gibbs

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

Appx. 379 (5th Cir. 2017).3 To obtain a Rule 12(b)(6) dismissal based on an affirmative defense, the “successful affirmative defense [must] appear[] clearly on the face of the pleadings.” Sivertson v. … To establish a prima facie case of age discrimination under the ADEA, “the plaintiff must establish that ‘she (1) was a member of the protected class [forty years of age or older], (2) was qualified for the position at issue

EmCode Reimbursement Solutions, Inc. v. Nutmeg Insurance

512 F. Supp. 2d 603 · District Court, N.D. Texas · Mar 15, 2007

Any other reading would result in one lawsuit’s qualifying as two different civil proceedings. … Although Nutmeg did not explicitly mention plaintiffs’ claim for attorney’s fees in its motion, that claim clearly depends on the viability of plaintiffs’ other causes of action.

Penneti v. L&T Technology Services, LTD

District Court, N.D. Texas · Jul 20, 2023

§ 12112(a) (“No covered entity shall discriminate against a qualified individual on the basis of disability in regard to . . . discharge of employees[]”). … Penneti regarding the doctor’s note from December 16, 2020 already stated: Hi Rajesh, In order for HR to review your case please send me a doctors note clearly

Mesa Underwriters Specialty Insurance Company v. West Dallas Investments LP

District Court, N.D. Texas · Jul 22, 2025

WDI argues that Mesa has not established that the facts alleged qualify as an assault or battery under the policy. Def.’s Resp. Br. at 16 [19]. … However, because the policy is not limited to an assault, and because the Court finds that the action alleged clearly constitutes a “battery” under the policy, the Court need not determine whether this is a reasonable

Daniel v. Logoplaste

District Court, N.D. Texas · Jul 30, 2025

The facts presented in the Petition clearly state a plausible claim for retaliation under both Title VII and the Texas Labor Code, and Plaintiff is entitled to proceed to discovery. … May 31, 2024) (per curiam) (“Employer policies do not qualify as contracts, and their ‘breaches’ do not create causes of action under Texas law.”

Ruff v. Destination Development Partners, Inc

District Court, N.D. Texas · Nov 1, 2023

Whatever “in any capacity” means, it is qualified by the initial clause that the contested property must actually be held by Mike. … The Bankruptcy Court did not clearly err in finding (1) Suzann failed to establish that property from Exhibit A was identified in the deed executed to Icarus Investments IV and (2) Suzann

Continental Casualty Co. v. Allen

710 F. Supp. 1088 · District Court, N.D. Texas · Apr 3, 1989

Simply reasoning through the different terms and the lack of agreement to “renew” on different terms dictates that the 1983 Policy does not qualify as a renewal of the 1980 Policy. … This process was established even though MGIC’s own in-house legal counsel was uncertain that such would be legal and enforceable in a court of law.

Weeks v. Collier

District Court, N.D. Texas · Jul 27, 2021

Higgs, 892 F.2d 438, 440 (Sth Cir. 1990), if it is frivolous', malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §§ … To prevail on a retaliation claim, an inmate must establish (1) a specific constitutional right, (2) the defendant’s intent to retaliate against the prisoner for exercising that right, (3) a retaliatory or adverse act,

Jones v. Davis

District Court, N.D. Texas · Aug 6, 2019

On September 26, 2012, the trial court was notified that [Petitioner] had been evaluated by a qualified mental health professional and the professional found that there was no “clinical evidence to support a belief … Clearly, the state court found counsel’s sworn testimony credible. Such credibility determinations by the state court must be afforded deference. See Carter v.

Hernandez v. Commissioner, Social Security Administration

District Court, N.D. Texas · Mar 24, 2025

Substantial evidence did not support the ALJ’s RFC determination in Ripley, thus warranting remand, because the record “d[id] not clearly establish…the effect [the claimant’s] condition had on his ability to … After Ripley, the Court found that reversible error lies where the “record does not clearly establish” how an applicant’s condition affects her ability to work. Bowles v. Comm'r of Soc.

US Bank National Association v. White

District Court, N.D. Texas · Feb 10, 2025

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 by good … There are clearly established grounds for default: they failed to answer U.S. Bank’s complaint.

Reyna v. Feazell

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

And a “viable ineffective assistance of counsel claim exists for Section 2254(d) purposes only if the Supreme Court has clearly established that the Sixth Amendment gives rise to the assistance of counsel in connection … Further, “[a] judge’s ordinary efforts at courtroom administration—even a stern and short-tempered judge’s ordinary efforts at courtroom administration—remain immune [from establishing a bias].” Id. at 55.

Bennett v. Tarrant County College District

District Court, N.D. Texas · Aug 15, 2022

To establish a claim of age - 10 - discrimination under the ADEA, the plaintiff must establish that she “(1) was within a protected class; (2) was qualified … To establish a substantive due process claim in the public employment context, the plaintiff “must show that [s]he had a clearly-established property interest/right in [her] employment, and that the public employer’s termination

Silco, Inc. v. United States

591 F. Supp. 480 · District Court, N.D. Texas · Jul 23, 1984

That is, any other result in Estate of Smith would violate the well established rule against assigning income. In Helvering v. … Clearly, administrative *490 convenience would be advanced by the IRS’s interpretation. IV. Conclusion The Court is of the opinion that Silco is not entitled to a refund of the corporate taxes sought herein.