Case law

Lawson v. Dallas County

112 F. Supp. 2d 616 · District Court, N.D. Texas · Aug 29, 2000

He qualifies for the maximum federal disability assistance available, Medicare TILE 3, to pay for the twenty-four hour skilled nursing care he requires as a paraplegic. Mr. … Lawson— clearly noted in Lawson’s jail records that she could not read the medical transfer order from Tri-City Hospital.

Brown v. Davis-Director TDCJ-CID

District Court, N.D. Texas · Jun 4, 2020

The state habeas court clearly relied upon a firmly established and regularly followed state procedural rule to recommend denial of this claim. See Aguilar v. … The Court determined that he was qualified to testify to that information.

Vela Wood PC v. Associated Industries Insurance Company Inc

District Court, N.D. Texas · Sep 10, 2020

When a party bears the burden of proof on an issue, she “must establish beyond peradventure all of the essential elements of the claim or defense to warrant judgment in [her] favor.” Fontenot v. … Tex. 2011) (“With regard to Texas Insurance Code claims, the Code specifically defines who qualifies as an agent for the purpose of attributing liability for violations of code provisions.”) (citing TEX. INS.

Equal Employment Opportunity Commission v. Omni Hotels Management Corp.

516 F. Supp. 2d 678 · District Court, N.D. Texas · Sep 26, 2007

To establish a prima facie case of national origin and religious discrimination under Title VII, a plaintiff must show that he “(1) is a member of a protected class; (2) was qualified for [his] position; (3) was subject to … “An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience.” Id.

Carroll

District Court, N.D. Texas · Dec 31, 2025

Initial Failure to Comply with the Arbitration Agreement Although, the record clearly establishes that Ms. … “‘[O]nly the most egregious misconduct’ qualifies as fraud on the court.” Id. (quoting Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir. 1978)).

Tex. v. United States

340 F. Supp. 3d 579 · District Court, N.D. Texas · Dec 14, 2018

For example: those qualifying for a "[r]eligious exemption[ ]," id. § 5000A(d)(2)(A) ; "member[s] of a health care sharing ministry," id. § 5000(d)(2)(B); individuals who are "not ... citizen[s] or national[s] of the United … However, those who can't afford coverage or meet other conditions may qualify for [a shared-responsibility-payment] exemption.").

Class v. Director, TDCJ-CID

District Court, N.D. Texas · May 14, 2024

A federal court may grant relief if the state court adjudicated a constitutional claim contrary to, or unreasonably applied clearly established federal law as determined by the Supreme Court. Harrington v. … Instead, the test is whether the state court’s decision–that [the inmate] did not make the Strickland–showing–was contrary to, or an unreasonable application of, the standards, provided by the clearly established federal

Klein v. O'Neal, Inc.

705 F. Supp. 2d 632 · District Court, N.D. Texas · Jun 18, 2010

Category 4 contains claims alleging injury that do *643 not qualify for Categories 1 through 3, including claims for ongoing medical monitoring costs due to the potential effects of E-Ferol. … The opinions of class counsel and class representatives clearly favor approving the Settlement Agreement.

Poly-America, LP v. STEGO INDUSTRIES, LLC

694 F. Supp. 2d 600 · District Court, N.D. Texas · Mar 8, 2010

2137 , 132 L.Ed.2d 214 (1995) ("By the Declaratory Judgment Act, Congress sought to place a remedial arrow in the district court's quiver; it created an opportunity, rather than a duty, to grant a new form of relief to qualifying … Actual Controversy While there is no mechanistic process to determine whether an "actual controversy" exists in a declaratory judgment action, the Supreme Court has clearly instructed that "`the question in each case is whether

Madrid v. United States

District Court, N.D. Texas · Dec 5, 2023

Zwicke is qualified under Daubert v. … But it is clearly established by regulation that, once Madrid filed suit, he was no longer permitted to amend his claim at the administrative level.

United States v. Petra Group Inc

District Court, N.D. Texas · Jul 6, 2023

The factors relevant to this inquiry include [1] whether material issues of fact are at issue, [2] whether there has been substantial prejudice, [3] whether the grounds for default are clearly established … Third, the grounds for default are clearly established. See Lindsey, 161 F.3d at 893. The Haddad Defendants have failed to appear and answer after being properly served over twelve months ago.

Chandler v. United States

875 F. Supp. 1250 · District Court, N.D. Texas · Aug 22, 1994

The evidence clearly supports plaintiffs’ claim of malicious prosecution against Lander. … Plaintiffs established that Chandler paid $15,000.00 in attorney’s fees and $904.00 for expert witnesses to defend the charges against him.

In re Kosmos Energy Ltd. Securities Litigation

955 F. Supp. 2d 658 · District Court, N.D. Texas · Jun 24, 2013

Thus, the fact that overall production was static and that per-well production was decreasing would significantly alter the total mix of information available to investors — it would clearly affect whether or not Kosmos’ … Kosmos As an initial matter, the Consolidated Complaint does not allege, and the Pension Plan does not argue, that Kosmos qualifies as a § 12(a)(2) statutory seller under the solicitation prong under Pinter .

BNSF Railway Company v. International Association of Sheet Metal Air Rail and Transportation Workers

District Court, N.D. Texas · Feb 22, 2022

This portion of the dispute (again) clearly pertains to how an existing term must be enforced. … Again, this aspect of the dispute clearly pertains to how an existing term must be enforced.

George v. LeBlanc

78 F.R.D. 281 · District Court, N.D. Texas · Mar 15, 1977

September 29, 1976), the court cited Surowitz for the proposition that: “In a stockholders’ derivative action at least the United States Supreme Court has indicated quite clearly that lack of *286 knowledge and interest ‘ … They did not establish an attorney-client relationship which would engender and protect confidential communications between ACFC and McDonald, Sanders. B.

Gonzales v. Commissioner, Social Security Administration

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

The Fifth Circuit noted that the record contained a vast amount of evidence establishing that the claimant had a back problem, but it did not clearly establish the effect that condition had on the claimant’s ability to … Absent a report from a qualified medical expert, the Court is unable to determine the effects of Plaintiff’s conditions and symptoms on her ability to work.

International Union, United Automobile, Aerospace, & Agricultural Implement Workers of America v. LTV Aerospace & Defense Co.

136 F.R.D. 113 · District Court, N.D. Texas · Mar 26, 1991

Having quit her job, Wilson *129 clearly cannot represent plaintiffs who were discharged from LTVAD. … Clearly, in those areas covered by this clause, the Company does have unfettered discretion. . Blum v.

Granado

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

The movant bears the burden of establishing the need for a transfer, and a plaintiff’s choice of forum should not be lightly disturbed. Jumara, 55 F.3d at 879. … period; (2) they drove, at any point, a vehicle with a Gross Vehicle Weight Rating of less than 10,001 pounds; (3) they worked more than 40 hours in any given week; and (4) they were not, in fact, paid overtime for those qualifying

Snow v. Mike Bloomberg 2020, Inc.

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

Therefore, Texas law clearly forecloses Mr. Snow’s alternative claim under a promissory estoppel theory. The cases Mr. … To establish FLSA coverage, Mr.

Young v. Waybourn

District Court, N.D. Texas · Jul 21, 2021

In the medical care context, a detainee must show that the defendant “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton … Allegations of isolated incidents are generally insufficient to establish a custom or policy. Fraire v. City of Arlington, 957 F.2d 1268, 1278 (5th Cir. 1992). As Lt.