Case law

Carney v. Director, TDCJ-CID

District Court, N.D. Texas · Mar 5, 2021

Under the Act, a writ of habeas corpus should be granted only if a state court arrives at a decision that is contrary to or an unreasonable application of clearly established federal law as determined by the United States … established federal law” in making its decision.

State of Texas v. Department of Justice

District Court, N.D. Texas · Jul 28, 2023

Thus, to satisfy the burden, the moving party “must adduce evidence and arguments that clearly establish good cause for transfer based on convenience and justice.” Id. … Bruck, 30 F.4th 414, 433 (5th Cir. 2022) (stating that the party seeking transfer must “clearly establish good cause for transfer based on convenience and justice”).

VanDerStok v. Garland

District Court, N.D. Texas · Nov 3, 2022

“[T]he scope of injunctive relief is dictated by the extent of the violation established[.]” Califano v. Yamasaki, 442 U.S. 682, 702 (1979). … And where costs are nonrecoverable because the government- defendant enjoys sovereign immunity from monetary damages, as is the case here, irreparable harm is generally satisfied.

ADT, LLC v. Capital Connect, Inc.

145 F. Supp. 3d 671 · District Court, N.D. Texas · Oct 28, 2015

Capital Connect was established in 2008 in Tucson, Arizona. It sells the “latest technology in security, automation and interactive services.” … Very little evidence, however, is required to establish the existence of the actual confusion factor. Jellibeans, Incorporated v.

Hay v. United States

263 F. Supp. 813 · District Court, N.D. Texas · Jan 4, 1967

His will was admitted to probate in Wilbarger County, Texas, and the executors were duly qualified. At the time of Guy L. Waggoner’s death, the primary asset of the estate was a one-third stock interest in the W. T. … They distinguish that procedure from the depletion deduction established for tax purposes in Section 611(b) (3) of the Code.

Diggs v. United States

District Court, N.D. Texas · May 29, 2020

To prove that his successive motion relies on the rule established in United States v. Davis, 129 S. … As recited, supra, the court' charge clearly required the jury to find that movant committed the robberies described in counts 10, 14, and 26.

Alvarado v. Director, TDCJ-CID

District Court, N.D. Texas · Jun 20, 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. … And even if a petitioner establishes trial court error, to prevail on his claim, he must also establish that “the error ‘had substantial and injurious effect or influence in determining the jury’s verdict.’”

Coleman v. Swift Transportation

District Court, N.D. Texas · Mar 19, 2025

They may include the following: (i) directing that the matters embraced in the order or other designated facts be taken as established for purposes of the action … While the text of Rule 41(b) may not extend to a failure to comply with a court’s local rule insofar as that violation does not also qualify as a failure to prosecute, see Campbell v.

Vita Nuova Inc. v. Azar II

District Court, N.D. Texas · May 1, 2020

“It is the responsibility of the complainant clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute and the exercise of the court’s remedial powers,” Renne v. … The Supreme Court has established that the “irreducible constitutional minimum of standing contains three elements. . .

Neukranz v. Conestoga Settlement Services LLC

District Court, N.D. Texas · May 28, 2020

This finding is neither clearly erroneous nor contrary to law, and Plaintiff’s disagreement with it does not make it unclear. … executor’s authority and duty to act on behalf of an estate is vested upon his appointment by the probate court,” . . . and “an executrix has no power to act on behalf of the estate until the will is probated or is otherwise qualified

Jefferson v. Mike Bloomberg 2020, Inc.

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

These alleged statements, however, are clearly at variance with the terms of the written agreement, which stated that Ms. … To establish FLSA coverage, Ms.

Patterson v. Dallas/Fort Worth International Airport Board

District Court, N.D. Texas · Sep 28, 2020

Plaintiffs also clearly were trained in fire suppression. … Accordingly, plaintiffs have not established they are entitled to summary judgment on the issue of liquidated damages.

Hamilton v. Mike Bloomberg 2020, Inc.

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

These alleged statements, however, are clearly at variance with the terms of the written agreement, which stated that Ms. … To establish FLSA coverage, Ms.

Pauwels v. Allied Pilots Association

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

As a result of these disputes, Plaintiff has experienced an exacerbation of her underlying auto-immune condition and most recently took medical leave from January to November 2022. … A prima facie case of disability discrimination requires a plaintiff to prove: (1) that she has a disability; (2) that she was qualified for the job; and (3) that she was subject to an adverse employment decision on account

CTM v. Moore

District Court, N.D. Texas · Mar 16, 2020

According to C.T.M., ICE’s failure to provide treatment, resulting in her inability to participate in the interview, violates Section 504 of the Rehabilitation Act, which provides: No otherwise qualified … Based on the facts presented, C.T.M. has not established a substantial threat of irreparable injury.

Hogue v. Scott

874 F. Supp. 1486 · District Court, N.D. Texas · Jan 18, 1995

The practice was clearly established at the time Hogue was filing various writ applications. … The courts of Texas have consistently applied such a rule; and, the practice of requiring a timely objection was clearly established in Texas at the time of Hogue’s trial.

Innova Hospital San Antonio, L.P. v. Blue Cross & Blue Shield of Georgia, Inc.

995 F. Supp. 2d 587 · District Court, N.D. Texas · Feb 3, 2014

Victory’s claims clearly arise out of and relate to SB’s plan, involve a relationship between Victory and BCBS Aabama that resulted from and related to the plan, and allege conduct by BCBS Aabama. … insurer’s payment of a limited number of claims to a medical services provider for treatment of the insurer’s members, “based on the unilateral decision of those insureds who sought treatment in [the forum state],” does not qualify

Trotter

District Court, N.D. Texas · Jan 26, 2026

A court may dismiss a complaint as frivolous when it is based on an indisputable meritless legal theory or when the factual contentions are “clearly ‘baseless.’” Denton v. Hernandez, 504 U.S. 25, 32 (1992). … The complaint relies mostly on conclusory assertions such as “retaliation,” “procedural manipulation,” and “conspiracy”—rather than factual allegations that, if accepted as true, plausibly establish liability under the

Levels v. Merlino

969 F. Supp. 2d 704 · District Court, N.D. Texas · Sep 3, 2013

Credit concluded that the plaintiffs *724 injury was not “inherently undiscover able” because the terms of the document at issue were clearly contrary to the allegedly fraudulent assertions made by defendant and that, therefore … Defendants argue that the Loan Agreements do not qualify as “federally related mortgage loan[s]” and therefore are not subject to any RESPA requirements. See Dkt. No. 40 at 34-35.

Akins v. Valley Proteins, Inc.

District Court, N.D. Texas · Jun 23, 2022

It is well- established that “pro se complaints are held to less stringent standards than formal pleadings drafted by lawyers.” Miller v. Stanmore, 636 F.2d 986, 988 (Sth Cir. 1981). … that Defendant HireRight can compile the DAC report, Defendants LabCorp and Goodner appear to qualify as “furnishers of information.”