Case law

Dunning v. Director, TDCJ-CID

District Court, N.D. Texas · Jan 28, 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 established by the Supreme Court … In summary, Petitioner has not established a basis for statutory or equitable tolling.

Stafford v. New Dairy Texas, LLC

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

The Scholastic Records Are Relevant Stafford alleged in her complaint that she was “the most qualified” for the HR supervisory position. Pl.’s Pet. ¶ 21, Ex. B App. 7. … Federal courts across the country adopt several different approaches to determining when a party waived this privilege, and the Fifth Circuit has yet to clearly establish which approach should apply.

Active Athletics, LLC v. Active Gymnastics Center LLC

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

its facility on USAG’s website, which is accessible to Colorado residents; (2) requires Defendant to allow Colorado athletes to participate in events held at Defendant’s facility; and (3) requires Defendant to send qualifying … court is authorized to consider the consequences of a transfer by taking ‘a peek at the merits’ to avoid raising false hopes and wasting judicial resources that would result from transferring a case which is clearly

VanDerStok v. Garland

District Court, N.D. Texas · Sep 2, 2022

The parts must be “clearly identifiable as an unfinished component part of a weapon.” Id. … not appear clearly inoperable.’” Id.

In Re Air Crash at Dallas/Fort Worth Airport

720 F. Supp. 1258 · District Court, N.D. Texas · Sep 1, 1989

These returns would likely have appeared clearly on DL 191's radar. … The evidence clearly establishes that nearly every aircraft with its radar on and operating properly obtained contours before the accident.

Smith v. Tarrant County College District

694 F. Supp. 2d 610 · District Court, N.D. Texas · Mar 15, 2010

As has been established, both Smith and Schwertz are students under TCC’s rules and regulations. … Similarly, Smith and Schwertz point to TCC regulations that seem to limit the authority of the chancellor to enforcing regulations and policies established by the board.

Campbell v. Barr

District Court, N.D. Texas · Sep 16, 2022

Defendants argue, however, that such claims are barred because Campbell failed to timely exhaust his administrative remedies, and he failed to establish a prima facie case. ECF No. 134 at 28. … He cites: two distinguishable cases (one of which is out-of-circuit), the CAO decision, Defendants’ Answer, an old Motion to Dismiss from an earlier case, and Onuh’s Motion to establish qualified immunity.

Davidson v. Equifax Information Services LLC

District Court, N.D. Texas · Aug 14, 2025

with a much higher balance, Equifax willfully ignored the plaintiff’s third reinvestigation, failed to include her legal authorized consumer statement under 1681i(c), and continued reporting a tradeline4 with clearly … It qualifies as a delinquency.

Richard Kim v. Nationwide Mutual Insurance Company

District Court, N.D. Texas · Jul 11, 2022

- 9 - The first requirement is that the expert be qualified. … “Rule 702 does not mandate that an expert be highly qualified in order to testify about a given issue.

Advanced Physicians SC v. National Football League

District Court, N.D. Texas · Aug 14, 2020

See Memorandum Opinion and Order at 3-4 (where Judge Shah determined that, under Seventh Circuit law, Advanced “qualifies as a ‘beneficiary’ that could bring a lawsuit under ERISA § 502(a)(1)”); see also Tango Transport … Because Advanced’s claim is completely preempted by ERISA, Advanced has failed to establish that the NFL is a proper defendant. III.

Jeremy Parr v. Stevens Transport Inc

District Court, N.D. Texas · May 5, 2020

Choice of Law As the parties agree, state law, rather than federal law, dictates the enforceability of the arbitration agreement and the class-action waiver, because Plaintiffs are interstate truck drivers who qualify … Credit Union, 478 8.W.3d at 164 (“[A] delegation clause providing that the parties agreed to arbitrate ‘any and all claims challenging the validity or enforceability of this Agreement [in whole or in part]’ clearly and

USA v. Legacy Heart Care LLC

District Court, N.D. Texas · Sep 17, 2019

Nguyen, and Nima Amjadi treated ten Medicare patients even though these treatments did not qualify for Medicare coverage under NCD 20.20. … Even if a relator establishes all of the elements of an AKS violation, the relator must also establish “all of the other elements of an FCA claim.” /d. (citing, among other things, Nunnaily, 519 F.

Dandridge v. Principal Management Group of North Texas

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

Br., 24–31 (arguing Dandridge has not established a prima facie case of disability-based discrimination); see Doc. 36, Pl.’s Resp. … Thus, even assuming Dandridge established a prima facie case of disability discrimination, PMG is entitled to summary judgment on her claim.

Ojeda v. Commissioner, Social Security Administration

District Court, N.D. Texas · Aug 4, 2025

The plaintiff bears the initial burden of establishing a disability through the first four steps of the analysis; at the fifth step, the burden shifts to the ALJ to show that there is other substantial work in the national … The ALJ must clearly consider the severe impairments in determining the claimant’s RFC, not necessarily assess limitations for each severe impairment. See, e.g., Campbell v. Berryhill, 2017 WL 1102797, at *12 (N.D.

Parrott v. DCG Inc

District Court, N.D. Texas · Apr 14, 2020

Consequently, the Court holds that she has not carried her burden of establishing that the cost of arbitration would be substantial or prohibitive for her. … This language qualifies the arbitration agreement as “broad.”

Connors v. United States

720 F. Supp. 1258 · District Court, N.D. Texas · Sep 1, 1989

These returns would likely have appeared clearly on DL 191’s radar. … The evidence clearly establishes that nearly every aircraft with its radar on and operating properly obtained contours before the accident. See Summary of Aircraft Radar Observations previously submitted. .

Louis Vuitton Malletier SAS v. Keep It Gypsy Inc

District Court, N.D. Texas · Aug 8, 2024

“To obtain a 12(b)(6) dismissal based on [the] affirmative defense” of laches, “the successful affirmative defense [must] appear[] clearly on the face of the pleadings.” … Supp. 3d at 429 (holding that four years delay between discovering infringement and filing suit does not qualify for the Abraham exception).

Roth v. Canon Solutions America, Inc.

District Court, N.D. Texas · Sep 23, 2019

Apr. 17, 2015) (recognizing dismissal based on a Rule 12(c) motion may be appropriate if the successful affirmative defense appears clearly on the face of the pleadings). … Under the ADA, an employer may not “exclud[e] or otherwise den[y] equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a

Morton

District Court, N.D. Texas · Oct 2, 2025

When a “servicer has established a separate and exclusive office and address for the receipt and handling of QWRs, that servicer’s duty to respond is triggered only if the borrower sends his or her written request to the … Thus, Plaintiff has clearly failed to allege either that she submitted a first complete loss mitigation application or that she became current on her payments after a previous complete loss mitigation application.

Securities and Exchange Commission v. Arcturus Corporation

District Court, N.D. Texas · Jan 28, 2025

Martinez very clearly identified and then deducted the legitimate business expenses incurred by each of the Offerings. See, e.g., Doc. … (“A defendant is not immune from disgorgement merely because he has spent or lost the proceeds of his fraudulent scheme.”).