Case law

Williams v. Berryhill

District Court, N.D. Texas · Sep 13, 2019

On July 18, 2016, Plaintiff presented to rheumatology at Parkland to establish care for her SLE. (Id. at 605.) … The record contained “a vast amount of medical evidence” establishing that the claimant had a back problem, but it did not clearly establish the effect of that problem on his ability to work. Id.

Diaz v. Southeastern Drilling Co. of Argentina, SA

324 F. Supp. 1 · District Court, N.D. Texas · Jul 11, 1969

Professor Wright testified that the letter of July 8, 1959 fit squarely into the definition of a mandate and clearly indicated on its face that it was to be this type of contract. … However, those same lawyers stated that O’Neall and Dillin would not consider returning to this country for this trial unless this Court granted them complete immunity from any action which might grow out of their tax troubles

Advance Business Capital LLC v. Region Construction, Inc.

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

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. … An ambiguity arises only after the application of established rules of construction leaves an agreement susceptible to more than one meaning.

Thomas v. Cook Children's Health Care System

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

To establish a prima facie case of discrimination, Thomas must show that (1) he is a member of a protected class; (2) he was qualified for the position at issue; (3) he suffered an adverse employment action … Finally, Defendants have established a legitimate, nonretaliatory reason for limiting Thomas’s reappointment.

Jena v. GEO Group, Inc.

District Court, N.D. Texas · Jan 5, 2023

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. … 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.” Livadas v.

Bess v. Director, TDCJ-CID

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

A state court’s failure to cite Supreme Court authority does not, per se, establish that the state court’s decision is “contrary to” clearly established federal law. … “I]t is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by this Court.”

DeWolff Boberg & Associates Inc v. Pethick

District Court, N.D. Texas · Sep 29, 2022

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. … Accordingly, denial of a 12(b)(6) motion has no bearing on whether a plaintiff ultimately establishes the necessary proof to prevail on a claim that withstands a 12(b)(6) challenge.

Advance Business Capital LLC v. Region Construction, Inc.

District Court, N.D. Texas · Sep 19, 2022

in respect to which (a) a Payor has indicated an inability or unwillingness to pay the Purchased Account when due or (b) remains unpaid beyond the Repurchase Period or (c) in Triumph’s Discretion a Payor qualifies … 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.

Euler Hermes North America Insurance Company v. Mestizos Group LLC

District Court, N.D. Texas · Feb 24, 2023

Third—given that Defendants have had sufficient time to file either an answer to Plaintiff’s complaint or explain why they has not done so—the grounds for default are clearly established. Cf. Elite v. … Here, Plaintiff has established that (i) it is a trust beneficiary and (ii) a PACA trust was formed.

KeyCity Capital, LLC v. Davenport Investments, LLC

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

“For a forum selection clause to be considered mandatory or exclusive, the clause ‘must go beyond establishing that a particular forum will have jurisdiction and must clearly demonstrate the parties’ intent to make that jurisdiction … “To qualify as unreasonable, the fraud and overreaching must be specific to the forum selection clause.” Id. (quoting Haynsworth, 121 F.3d at 963).

Short v. Commissioner of Social Security

District Court, N.D. Texas · Jul 16, 2025

Review of the Social Security Commissioner’s Decision An individual may qualify for supplemental security income (SSJ) or disability insurance benefits (DIB) under the Social Security Act if she is disabled. … No. 21 at 3), but the decision clearly states, “[i]ntermittent signs of [positive straight leg raises], lower extremity edema, and evidence of slightly reduced strength in the lower extremity.” Dkt.

Walters v. Blue Cross and Blue Shield of Texas Inc

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

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. … Accordingly, denial of a 12(b)(6) motion has no bearing on whether a plaintiff ultimately establishes the necessary proof to prevail on a claim that withstands a 12(b)(6) challenge.

Oscar Orduno Inc v. Liberty Mutual Insurance Company

District Court, N.D. Texas · Dec 14, 2021

Richeson d/b/a CES Contractor (“CES”) entered into a contract with the Texas Department of Transportation (“TxDOT”) to make improvements and repairs to a bridge in Johnson County, Texas (the “Project”).1 Because the contract qualified … But because Liberty does not clearly move for summary judgment with respect to the fourth and fifth elements of Orduno’s estoppel defense—it states only that “it is . . . quite difficult to conceive of Johnson, a licensed

Ibarra Consulting Engineers Inc v. Jacobs Engineering Group Inc

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

is clearly demonstrated by the surrounding facts and circumstances.”64 “Ordinarily, waiver is a factual issue, but it may be established as a matter of law when the facts and circumstances are admitted or clearly established … .”65 Here, the facts and circumstances are clearly established and undisputed that Ibarra approved the allegedly problematic invoices over a sustained period of time.

Unicorn Global Inc v. Golabs Inc

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

Both experts are impressively qualified. On this point, however, the Court finds Dr. Maslen more persuasive. The Court thus adopts the statement of Dr. … The Court will by separate order establish a schedule for resolution of the remaining issues in the case. Signed May 26, 2020. David €.

Angelina Emergency Medicine Associates PA v. Health Care Service Corporation

District Court, N.D. Texas · Dec 10, 2020

The text of the definitions section of section 1301 of the Insurance Code clearly cabins exclusive provider benefit plans to those issued or delivered within the state of Texas. … Because the plaintiffs have not established (and cannot establish) based on the pleadings that the Prompt Pay Act applies to them, the Court holds that they lack standing to sue under it.

KeyCity Capital, LLC v. Davenport Investments, LLC

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

“For a forum selection clause to be considered mandatory or exclusive, the clause ‘must go beyond establishing that a particular forum will have jurisdiction and must clearly demonstrate the parties’ intent to make that jurisdiction … “To qualify as unreasonable, the fraud and overreaching must be specific to the forum selection clause.” Id. (quoting Haynsworth, 121 F.3d at 963).

Exxon Mobil Corporation v. Arjuna Capital, LLC

District Court, N.D. Texas · May 22, 2024

Defendants say Arjuna’s January 29 letter provides such proof, as it ostensibly immunizes Exxon from the proposal, whether as a proxy submission or as a floor item at Exxon’s annual meeting. … Thus, Section 27 clearly applied, and the court never analyzed the contours of its jurisdictional inquiry. See id. at 1258.

Huffman v. US Bank NA

District Court, N.D. Texas · Jan 21, 2025

Also, “it is clearly proper in deciding a 12(b)(6) motion to take judicial notice of matters of public record.” Norris v. Hearst Trust, 500 F.3d 454, 461 n.9 (5th Cir. 2007). … (“The Chowdhurys fail to plead sufficient facts to establish the superiority of their title to the property because they fail to allege they tendered the amount owed on the note.”), rec accepted, 2024 WL 628213

Commodity Futures Trading Commission v. TMTE Inc

District Court, N.D. Texas · Jul 21, 2025

Federal Rule of Evidence 702 governs the admission of expert testimony.55 It allows a “witness who is qualified as an expert by knowledge, skill, experience, training, or education” to offer an opinion if the proponent … reliable methodology, is not based on sufficient facts or data, and is not a reliable application of his methodology to the facts of this case.70 Like Samuelson’s, Moloian’s testimony is clearly