Case law

Federal Deposit Insurance v. Day

148 F.R.D. 160 · District Court, N.D. Texas · Jan 22, 1993

Able establishes that a seller of real estate must purchase the services of the title company in order to be a "consumer" and, therefore, qualify to bring suit under the DTPA. Id. at 2-3. . … FDIC is not immune from Rule 11 sanctions. See In re Good Hope Indus., Inc., 886 F.2d 480 (1st Cir.1989). .

Dill

District Court, N.D. Texas · Mar 18, 2026

Numerous courts have determined that CRAs are neither qualified nor required to reinvestigate consumer disputes that are not objectively and readily verifiable. … Appx. 54-61), and Trans Union’s First Supplemental Initial Disclosures clearly note that it will use documents marked TU 1–1537 to support its defenses (see Dkt. No. 141 at Appx. 21).

Row v. Commissioner of the Social Security Administration

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

The Commissioner argues in response that, even though the ALJ stated that fibromyalgia was a severe impairment, she clearly explained that the medical evidence did not establish that Plaintiff’s alleged fibromyalgia was … Patel’s opinion did not qualify as a medical opinion, and the ALJ was not required to provide a more detailed analysis of the opinion.

Mid-Continent Casualty Co. v. Eland Energy, Inc.

795 F. Supp. 2d 493 · District Court, N.D. Texas · Jun 14, 2011

And Fodge seemed to emphasize the undeveloped state of the doctrine by highlighting the absence of cited examples in Stoker of what would qualify as bad faith conduct. … The court held in Midr-Continent I that “a ‘Pollution Incident’ also clearly constitutes an ‘occurrence.’ ...

United States v. Richardson Independent School District

483 F. Supp. 80 · District Court, N.D. Texas · Dec 28, 1979

Intervenor was sent a written notice that the RISD Board of Trustees intended to terminate her contract of employment at the next regular meeting of the Board, based on her “failure to comply with official directives and established … Clearly the Board Policy referred to is the following: (Intervenor’s Exhibit 31.) “Corporal punishment will be administered only as a last resort and only after notifying the parents or guardian.

Campbell v. RaceTrac Petroleum Inc

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

Below, the Court explains why these alleged facts do not qualify them as consumers of goods or services under the DTPA. I. … However, the Campbells’ pleadings clearly establish that the RaceTrac did provide public restrooms—restrooms that were closed at the time of their visit. Doc. 1-1, Original Pet., ¶¶ 11, 29, 40, 46.

Reeves v. State Farm Lloyds

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

Clearly absent is any express mention of an appraiser appointed under the terms of a homeowners policy. … Chapter 154 clearly references alternative dispute resolution within the context of court involvement, not private party disputes.

Wilmington Savings Fund Society v. King-Johnson

District Court, N.D. Texas · Aug 30, 2024

The Notice of Default qualifies as a Notice of Intent to Accelerate, since it states clearly and unequivocally the “Noteholder will accelerate all payments owing on your Note” if the default is not cured. Dkt. … WSFS qualifies as a “mortgagee” under Chapter 51 of the Texas Property Code. See TEX. PROP. CODE § 51.0025; see Dkt. No. 46 at 19. WSFS was the last assigned entity of record of the Deed of Trust. See Dkt.

Gaumond v. The City of Dallas Texas

District Court, N.D. Texas · Feb 15, 2023

Green, the Supreme Court laid out the required elements needed for a plaintiff to establish a prima facie case of discrimination under Title VII. 411 U.S. 792 (1973). … subjects, or causes to be subjected, any citizen . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws [of the United States] . . . .”); Wyatt v.

Greathouse v. Capital Plus Financial, LLC

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

This act required a comprehensive plan to disperse over $800 billion dollars to countless qualified businesses in a short timeframe. … Aside from dates and entities, the class boils down to these qualifiers: (1) whether an SBA number was issued, and (2) whether funds were not disbursed.

Heartland Federal Savings & Loan Ass'n v. Briscoe Enterprises Ltd., II (In Re Briscoe Enterprises Ltd., II)

138 B.R. 795 · District Court, N.D. Texas · Apr 14, 1992

Whether the Bankruptcy Court erred in its failure to make any finding regarding the establishment and use of the Distribution Fund. 45. … The Court recognizes the “well established principle that relief under bankruptcy laws is not to be withheld because of technicalities.” Kane v.

Pogo Resources, LLC v. St. Paul Fire and Marine Insurance Company

District Court, N.D. Texas · Mar 29, 2021

The burden is on the proponent of the expert testimony to establish its admissibility by a preponderance of the evidence. See Id. at 592 n.10. … Plaintiff has met its burden to establish that Larson’s expert testimony on the estimated costs of Option A is relevant and reliable. See Equal Emp’t Opportunity Comm’n v.

Brooks Home Care Services Inc v. Becerra

District Court, N.D. Texas · Mar 29, 2024

Although Plaintiff has framed [its] claim[s] in constitutional terms by alleging a denial of appeal rights[,] . . . it essentially seeks to prevent improper recoupment and suspension of its Medicare payments, which is clearly … Jd. 7 As discussed below, Plaintiff received overpayment notices that qualify as initial determinations.

Hundahl v. United Benefit Life Ins. Co.

465 F. Supp. 1349 · District Court, N.D. Texas · Feb 8, 1979

With respect to the question of Mutual's purpose in making the tender offer, the offer itself states that "Offeror is making this Offer primarily for the purpose of . . qualifying Offeror for certain tax benefits . . .. … A nonpurchaser or nonseller seeking to establish monetary damages must establish that absent the misrepresentation, he would have sold or bought. Such "proof" is both speculative and virtually irrebuttable.

Securities & Exchange Commission v. Stanford International Bank, Ltd.

776 F. Supp. 2d 323 · District Court, N.D. Texas · Apr 6, 2011

In particular it is well-established that the identities, and *339 account- and transaction-related information of bank customers are protected by Article 273.” Id. … Anschuetz II, 838 F.2d at 1364 ("In weighing the respective rights of the parties before it, and in determining the need for *329 granting discovery requests, the 'exact line between reasonableness and unreasonableness' is clearly

Coleman v. Bank of New York Mellon

969 F. Supp. 2d 736 · District Court, N.D. Texas · Sep 4, 2013

She sent a qualified written request (QWR) to both BOA and Reconstruct, and sent Reconstruct a request to validate the debt. (Id. at 4, 47.) … The party invoking federal question jurisdiction bears the burden of establishing its existence. Steel Co. v.

Mcginty v. Commissioner, Social Security Administration

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

“In order to qualify for disability insurance benefits or [supplemental security income], a claimant must suffer from a disability.” Id. (citing 42 U.S.C. § 423(d)(1)(A)). … “The ALJ must clearly consider the severe impairments in determining the claimant’s RFC, not necessarily assess limitations for each severe impairment.” Id. at *13 (citations omitted).

Acevedo v. Davis

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

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 … In order for Petitioner to establish cruel and unusual punishment, she must establish that her punishment is grossly or significantly disproportionate to her crime. Ewing v. California, 538 U.S. 11, 20-24 (2003).

Gupta v. Quest Government Services Inc

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

Relative to the few months that Priya was reporting to me and in role, she met universal competencies, but distractions were impacting her ability to demonstrate urgency and she was not communicating openly or clearly … She does not, however, present any evidence of available positions at Qwest for which she was qualified.

TB v. Northwest Independent School District

District Court, N.D. Texas · Jan 25, 2022

Motion on August 16, 2021, arguing the Court should dismiss Plaintiff’s claims for three reasons: (1) Plaintiff failed to exhaust the IDEA’s administrative remedies for his RA, ADA, and § 1983 claims; (2) the District is immune … But the District predicates its argument on an assumed legal conclusion—that Plaintiff's claims sound in FAPE—without establishing that premise. As noted above, because 7.B.