Case law

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.

Brown v. Jones

473 F. Supp. 439 · District Court, N.D. Texas · Mar 19, 1979

First, a reading of the state court’s findings of fact and conclusions of law does not indicate that the abuse of the child by the plaintiffs has been established. … Central Registry The State Department of Public Welfare shall establish and maintain in Austin, Texas, a central registry of reported cases of child abuse or neglect.

Betancourt

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

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. Clinton, 2011 WL 4100958, at *2 (N.D. Tex. … To plausibly plead a prima facie case of discrimination, Betancourt “must establish: (1) [she] has a disability, or was regarded as disabled; (2) [she] was qualified for the job; and (3) [she] was subject to an adverse employment

Insurance Safety Consultants LLC v. Nugent

District Court, N.D. Texas · Dec 31, 2019

The Fifth Circuit has found “no indication . . . that Congress intended for conduct that is clearly prohibited by Title II [SCA] to furnish the basis for a civil remedy under Title I [ECPA] as well.” … As discussed above, to qualify as an interception under the Fifth Circuit’s contemporaneity requirement, Nugent must have obtained Roberts’s emails while they were in transit.

Banks v. Spence

District Court, N.D. Texas · Aug 26, 2020

or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … To succeed on his episodic-acts claim, Banks must show that a municipal employee violated his clearly established constitutional rights with subjective deliberate indifference.

Nama v. United States Citizenship and Immigration Services

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

The record here clearly establishes that USCIS’s finding of ineligibility turned on disputed facts. … That is clearly not what the statutory language provides in the case before this Court.

Greco v. National Football League

116 F. Supp. 3d 744 · District Court, N.D. Texas · Jul 21, 2015

However, “[i]f a proposed amendment is not clearly futile, then denial of leave to amend is improper.” Moore v. Dallas Indep. Sch. … Additionally, the United States Supreme Court has held that, “for liability to be imposed by reason of association alone, it is necessary to establish that the group itself possessed unlawful goals and that the individual

Amber Refining, Inc. v. Permian Corp.

793 F. Supp. 1422 · District Court, N.D. Texas · Mar 13, 1991

This case is clearly one that Permian and the DOE intended that the Escrow Account be used to resolve. … The attorney who negotiated the settlement on behalf of Permian was highly qualified and had expertise in matters such as this. Tr. 12/20/90 at 123-125.

Brown v. U.S. Department of Education

District Court, N.D. Texas · Nov 10, 2022

City of Jacksonville, 508 U.S. 656, 666 (1993) (holding that plaintiffs who did not qualify for government benefits had standing); Bowsher v. … Because “under our Constitution, the people’s elected representatives in Congress are the decisionmakers here—and they have not clearly granted the agency the authority it claims for itself,” the Program is unlawful

Brown

District Court, N.D. Texas · Jan 6, 2026

APPLICABLE LAW A person may qualify for disability insurance benefits under the Act if they are disabled. 42 U.S.C. § 423(a)(1). … What the record does not clearly establish is the effect Ripley’s condition had on his ability to work.” Id.

Gearhart Industries, Inc. v. Smith International, Inc.

592 F. Supp. 203 · District Court, N.D. Texas · Jun 5, 1984

Gearhart’s own advertisements and other documents show that Gearhart clearly intends for its MWD service to be worldwide in scope. … The evidence in this case establishes the following: (1) The two companies have considered some form of business combination since 1970.

Rusanowsky v. The City of Dallas

District Court, N.D. Texas · Mar 30, 2023

Rudloff capturing the sergeant’s own excessive use of force against two unarmed protesters, activity clearly protected by the First Amendment. … Accordingly, “it is far more difficult for [a] plaintiff to establish municipal liability . . . than to establish individual liability.” Ayers v. City of Holly Springs, Civ.

Gonzalez

District Court, N.D. Texas · Sep 23, 2025

A complaint has no arguable basis in fact if it rests upon clearly fanciful or baseless factual contentions, and similarly lacks an arguable basis in law if it embraces indisputably meritless legal theories. … To establish deliberate indifference, Gonzalez must establish that Defendants were (1) aware of facts from which an inference of an excessive risk to Gonzalez’s health or safety could be drawn, and (2) they actually drew

Fener v. Belo Corp.

425 F. Supp. 2d 788 · District Court, N.D. Texas · Mar 30, 2006

They do not allege incentives or bonuses that a defendant qualified for or received. Instead, they refer to benefits extended to lower-level managers and independent distributors. … But he clearly argues this ground for dismissal.

Valentine v. Whitetail Capital LLC

District Court, N.D. Texas · Apr 9, 2025

power to revisit prior decisions of its own or of a coordinate court in any circumstance,’ it ‘should be loathe to do so in the absence of extraordinary circumstances such as where the initial decision was clearly … To bring suit, a foreign executor or administrator must give “notice by a qualified delivery method to all creditors of a decedent in this state who have filed a claim against the decedent’s estate for a debt due to the

J T v. Uplift Education

District Court, N.D. Texas · Jun 27, 2023

It is clearly established in the Fifth Circuit that “when a teacher sexually abuses a student, the student cannot recover from the school district under Title IX unless the school district actually knew that there was a substantial … E It is clearly established that “a damages remedy will not lie under Title IX unless an [appropriate] official . . . has actual knowledge of discrimination in the recipient’s programs

Castro & Co LLC v. Polymath Inc

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

entry of a default judgment is warranted in a particular matter, the court may consider: “whether material issues of fact are at issue, whether there has been substantial prejudice, whether the grounds for default are clearly … “The protectability of unregistered marks is governed generally by the same principles that qualify a mark for registration under the Lanham Act.” Id. (citing Two Pesos, Inc. v.

US Merchants Financial Group Inc v. Martin

District Court, N.D. Texas · Apr 4, 2022

The factors relevant to this inquiry include: (1) “whether material issues of fact” exist; (2) “whether there has been substantial prejudice”; (3) “whether the grounds for default are clearly established”; (4) “whether the … Third, the grounds for default are “clearly established,” as Defendants have not responded to the summons and petition, the amended complaint, the entry of default, or the motion for default judgment over the past twenty-one

Badger v. Director, TDCJ-CID

District Court, N.D. Texas · Mar 20, 2024

Since Badger cannot establish that the state court’s denial of this claim was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme … application of, clearly established federal law, as determined by the Supreme Court of the United States.

Lopez-Hernandez v. United States

District Court, N.D. Texas · Mar 4, 2024

Lopez-Hernandez’s prior drug conspiracy offense properly qualified as a controlled substance offense for purposes of the career offender enhancement under the sentencing guidelines, so his allegations to the contrary are … The contemporaneous plea agreement shows that he was clearly informed about and understood his maximum sentence exposure when he pled guilty under the plea agreement, and it contradicts his allegations that his plea was not