Case law

Family Rehabilitation Inc v. Hargan

District Court, N.D. Texas · Jan 15, 2020

“[T]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … The dispute is whether Family Rehab’s patients qualified for those services based on the findings reported by Family Rehab physicians. Id.

Fisher v. Plaza Amarillo, LLC

District Court, N.D. Texas · Dec 23, 2020

Municipalities and local governments qualify as “persons” under Section 1983 but may not “be sued under [section] 1983 for an injury inflicted solely by its employees or agents.” Monell v. Dep’t of Soc. … “Official policy establishes culpability and can arise in various forms.

Ayers v. Neugebauer

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

A bankruptcy court’s findings of fact are “clearly erroneous” only if, “on the entire evidence, the court is left with the definite and firm conviction that a mistake has been committed.” … “The party invoking federal jurisdiction bears the burden of establishing” that he, she, or it has standing. Lujan v.

Jaser v. AT&T Services Inc

District Court, N.D. Texas · Mar 23, 2020

The magistrate found that this attempt also did not comply with Rule 4 because “a defendant’s place of employment does not qualify as his ‘abode’ or ‘dwelling house,’” id. … Moreover, to establish good cause, Plaintiff should also show that he has acted in “good faith.” Id.

Armstrong

District Court, N.D. Texas · Mar 24, 2026

The Court of Appeals for the Fifth Circuit noted that the record contained a vast amount of evidence establishing that the plaintiff had a back problem, but did not clearly establish what effect that condition had on his … evidence substantially supported the ALJ’s conclusion because the court was unable to determine the effects of the claimant’s conditions, “no matter how small,” on the claimant’s ability to work, absent a report from a qualified

Plunkett v. United States

District Court, N.D. Texas · Dec 30, 2022

Here again, the record clearly refutes Movant’s recitation of the facts. … Movant, however, asserts that sentencing counsel’s argument about the relevant conduct qualifies as an objection and, therefore, Mr. Hooks was unreasonably deficient in failing to recognize it as an appealable issue.

El-Hussain v. Dallas County

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

Section 1983 holds liable “[e]very person who, under color of [state law] . . . , subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured … Dist., 894 F.3d 616, 622 (5th Cir. 2018) (“[M]unicipal entities like the school district qualify as ‘persons.’” (citation omitted)).

Hoefert v. American Airlines Incorporated

District Court, N.D. Texas · Jan 9, 2020

Therefore, to succeed on a claim under Section 4316(a), Hoefert must establish that the benefits withheld are seniority-based benefits, while American may be entitled to summary judgment on this claim if it can establish … This language clearly connects or is at least a bona fide effort to connect the bonus payments to actual performance. See Foster, 420 U.S. at 99.

McNeill v. Tyson Fresh Meats, Inc.

District Court, N.D. Texas · Dec 8, 2023

I haven’t had a flu vaccine or any vaccine since that day as I believe that my God given blood is the only immune system I or my children need. ECF No. 27 at 16. … “This establishes the employee’s prima facie case, and gives rise to an inference of retaliation.” /d. (internal marks omitted).

Amin v. United Parcel Service Inc

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

discharge under the collective bargaining agreement and that his ERISA claim was wrongly denied.30 The Supreme Court has specifically found such claims to be “necessarily federal in character by virtue of the clearly … Perhaps restroom use qualifies as navigable waters. See Rapanos v.

Mosure v. Southwest Airlines, Co.

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

However, the burden is on the plaintiff to establish tolling or relation back. See Alexander v. … Southwest has not identified, and the Court has not found, 11 a regulation that clearly and manifestly demonstrates that airlines are immune from claims of negligent instructions,

Tasby v. Wright

542 F. Supp. 134 · District Court, N.D. Texas · Feb 26, 1982

However, if the needs of a given school clearly demonstrate that deviations from the above requirements are necessary in order to staff and administer the programs in predominantly minority schools, or such programs as special … The Court believes that with aggressive efforts the District can locate additional hispanics and blacks who are just as competent and just as qualified as anglos to teach in the Dallas schools.

American Hospital Association v. Becerra

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

In any event, Congress only included the “reasonable basis” qualifier for the identification prong. See 45 C.F.R. § 160.103; accord 42 U.S.C. § 1320(6). … The Bulletins took that qualifier and ran with it, inserting it into the first prong and adding an atextual “indicative” gloss to boot.

McGowan v. Southern Methodist University

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

As previously stated, SMU has met its burden of establishing that video depositions were necessarily obtained for use in this case. … Although Plaintiffs clearly brought this suit in good faith, they have not demonstrated that any of those factors outweigh the strong presumption in favor of awarding fees to the prevailing party.

Haight v. RRSA (Commercial) LLC

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

Therefore, this Opinion only addresses the claims clearly articulated in the Complaint and addressed in the Motions to Dismiss. … Plausibility does not require probability, but a plaintiff must establish “more than a sheer possibility that a defendant has acted unlawfully.” /d.

Anderson v. Octapharma Plasma Incorporated

District Court, N.D. Texas · Mar 6, 2020

- 10 - B Plaintiffs first argue that they qualify … Padgett, 475 F.2d 79, 82 (5th Cir. 1973) (holding that claim is “subject to dismissal under Rule 12(b)(6) . . . when [an] affirmative defense clearly appears on the face of the complaint.”).

Symank Business Systems Inc v. FedEx Ground Package System Inc

District Court, N.D. Texas · Jan 28, 2022

SBS claims that the arbitrator incorrectly weighed evidence, including by: • Discounting FXG manager Chad Allen (“Allen”)’s statements that the proposed assignees were “qualified … Only if “the arbitrator appreciate[d] the existence of a clearly governing principle but decide[d] to ignore or pay no attention to it,” was “manifest disregard” shown. Id.

Hill v. Lakeview Loan Servicing, LLC

District Court, N.D. Texas · May 3, 2023

application denial and the corresponding delay, Plaintiff states he was “out of options” to refinance his loan, which would have saved him thousands of dollars.2 Plaintiff then hired Herrin Law, PLLC to draft and send a Qualified … refinancing, nor that it was anticipating a rise in interest rates which would likely lead to a denial of the refinancing agreement stipulated between the parties prior to the denial.17 The Court finds that Defendant did not clearly

Knife River Corporation - South v. Zurich American Insurance Company

District Court, N.D. Texas · Mar 8, 2022

that “all the claims [within an underlying petition] are clearly and indisputably outside the contracted coverage.” … Courts applying Ohio law have considered extrinsic evidence clearly establishing that the alleged injury occurred outside the policy coverage dates, Fireman’s Fund Ins.

Billiot v. Director, TDCJ-CID

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

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 … I have been advised by the Magistrate of my right to request a determination of indigency to Determine if I qualify for a court-appointed lawyer.