Case law

Johnson v. Epsilon Data Management, LLC

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

motion for relief from judgment based on newly discovered evidence, “a movant must demonstrate: (1) that [she] exercised due diligence in obtaining the information; and (2) that the evidence is material and controlling and clearly … It is therefore obvious that the recordings do not qualify as newly discovered evidence that, “with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).”

Johnson v. Director, TDCJ-CID

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

A decision is contrary to clearly established federal law if the state reaches a conclusion opposite to a decision reached by the Supreme Court on a question of law, or if the state court decides a case differently … An application of clearly established federal law is unreasonable if the state court identifies the correct governing legal principle, but unreasonably applies that principle to the facts. Id.

Puradigm LLC v. DBG Group Investments LLC

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

Despite the strong textual basis to conclude that unpolished aluminum does not qualify as a “specular” reflector under Patent ’979, the Court make such a conclusion as a matter of law. … Nonetheless, Patent ’979 clearly disclaims polished aluminum from the scope of its specular reflectors.

Hundahl v. United Benefit Life Insurance

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.

Dalton v. C R Bard Inc

District Court, N.D. Texas · Mar 19, 2020

Thus because the Align device need only be a “substantial factor” or a “producing cause” to establish liability under the causes of action that Dalton brings, Dr. … Of course, opinions related to the design of the Align device or other opinions related to general causation that extend beyond mesh degradation after implantation and what is clearly included in Dr.

Carmona v. The City of Dallas

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

Further, it is well-established and ‘“clearly proper in deciding a 12(b)(6) motion [that a court may] take judicial notice of matters of public record.”’ Funk v. … These claims are intentional torts, and the City enjoys governmental immunity from such torts.

Kirby v. State Farm Lloyds

District Court, N.D. Texas · Mar 21, 2023

To establish improper joinder, Defendants must prove: “(1) actual fraud in the pleading of jurisdictional facts, or (2) inability of the plaintiff to establish a cause of action against the non- diverse party in state court … Defendant contends that this correspondence clearly establishes the formation of a binding agreement to settle the claims asserted in this lawsuit under Texas law.

Retana v. Twitter Inc

District Court, N.D. Texas · Dec 5, 2019

Plaintiffs here have not and after multiple attempts, clearly cannot connect Hamas to the Dallas shooting. … X and Johnson—do not establish such a connection. Johnson allegedly told Ms.

Rojo v. Burger One LLC

District Court, N.D. Texas · Mar 6, 2024

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 … “Liability for violating the FLSA’s overtime provision attaches to individuals and entities who qualify as an ‘employer.’ Kibodeaux v. A&D Ints., Inc., No. 3:20-CV- 00008, 2022 WL 980354, at *3 (S.D. Tex.

Allen v. Commissioner, Social Security Administration

District Court, N.D. Texas · Feb 7, 2024

In Ripley, the Fifth Circuit observed that the record included “a vast amount of medical evidence establishing that [the claimant] ha[d] a problem with his back,” but it did “not clearly establish” what effect that “condition … In addition to lacking “reports from qualified medical experts” regarding the claimant’s ability to work, “[t]he only evidence regarding [the claimant’s] ability to work came from [his] own testimony.” Id. at 557.

Howell v. United States

District Court, N.D. Texas · Mar 16, 2021

Even if Howell had shown deficient performance by counsel in the investigation of his case, he has not established prejudice as a result. … A plea qualifies as intelligent when the criminal defendant enters it after receiving “real notice of the true nature of the charge against him, the first and most universally recognized requirement of due process.”

Fidelity and Deposit Company of Maryland v. West Infrastructure Construction LLC

District Court, N.D. Texas · Nov 25, 2024

to pay qualify as “any [c]laim.” … Second, all of Fidelity’s fees and expenses also qualify as “losses” under the plain language of the indemnity agreement. Dkt. No. 6-1 at 5.

Heerwagen v. EnLink Midstream, LLC

District Court, N.D. Texas · Feb 20, 2020

(4) Although Heerwagen was qualified for a manager position, Bowman refused to interview her. … The protected activity need not be the “sole factor motivating the employer’s challenged decision in order to establish the ‘causal link’ element.” Gee v.

Madden v. Gribbon

District Court, N.D. Texas · Sep 20, 2022

The Court held that the officers’ use of force was objectively reasonable and did not violate Madden’s clearly established rights. Jd. … Generally, Section 1983 “provides a federal cause of action for the deprivation, under color of law, of a citizen’s ‘rights, privileges, or immunities secured by the Constitution and laws’ of the United States.”

MRC Energy Company v. US Citizenship and Immigration Services

District Court, N.D. Texas · Mar 31, 2021

An immigrant qualifies as an alien having extraordinary ability where: (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained … To establish this second criterion, Plaintiff submitted evidence that Mr.

Ousley v. Commissioner of Social Security

District Court, N.D. Texas · Feb 6, 2025

Third, the ALJ identified no impairment or combination of impairments that qualify under the federal regulatory list. Jd. at 22. … Thus, contrary to a situation where “the record did not clearly establish the effect the claimant’s condition on his ability to work[,]” Ripley v.

Mysaev v. United States Citizenship and Immigration Services

District Court, N.D. Texas · Jul 18, 2022

USCIS’s decision to adjudicate her application in compliance with regulations that [were] clearly within the agency’s discretion to establish [under § 1255(a)], [and thus] the federal courts [were] without jurisdiction to … As the Court found above, Mysaev has not established a legal wrong that entitles him to review under the APA. He therefore also fails to establish a clear and indisputable right to mandamus.

Ojeda v. O'Malley, Commissioner of the Social Security Administration

District Court, N.D. Texas · Jul 31, 2024

The ALJ’s RFC determination is not supported by substantial evidence Ripley stands for the proposition that reversible error lies where the “record does not clearly establish” how an applicant’s condition affects her … Therefore, ‘“ulnless the remaining record ‘clearly establish[es]’ the effect that the claimant’s condition has on her ability to work, the ALJ must fill this gap with another medical opinion.” /d.

Hunt v. United States Securities & Exchange Commission

520 F. Supp. 580 · District Court, N.D. Texas · Jul 13, 1981

Further, the movant must clearly carry the burden of persuasion with respect to all of the prerequisites noted above. Id. … Subsection (d) of 3412 qualifies this duty, however, with respect to a transfer of financial records from one “supervisory agency” to another.

Ryan LLC v. Federal Trade Commission

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

27 Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified … A party with the burden of proof on an issue “must establish beyond peradventure all of the essential elements of the claim or defense to warrant judgment in his favor.” Fontenot v.