Case law

Keel v. Commissioner of Social Security

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

The claimant bears the initial burden of establishing a disability through the first four steps of since March 10, 2010. A.R. 104. … Durfor affirms—clearly indicates that Plaintiff can stand and/or walk at least two hours, but not up to six hours, in an eight-hour workday. A.R. 1330 (emphasis added).

Triple Tee Golf, Inc. v. Nike, Inc.

511 F. Supp. 2d 676 · District Court, N.D. Texas · Aug 10, 2007

The burden of establishing the contrary rests on the party asserting jurisdiction. Id. … Those documents as clearly as can be said establish that as of December 2004 the plan was to obtain an assignment from Gillig of the trade secrets related to the instant action.

IN RE AT&T SECURITIES LITIGATION

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

Second, the Fifth Circuit has clearly stated that incentive compensation “can hardly be the basis on which an allegation of fraud is predicated. … The Allegations About Each Individual Defendant Fail to Establish Scienter Reviewing the remaining allegations as to each Individual Defendant, the Court concludes that the FAC fails to establish the requisite strong

DFW Dance Floors LLC v. Suchil

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

As such, a “mere showing of improper acquisition is insufficient to establish use.” Providence Title, 732 F. Supp. 3d at 669. … DTSA provides, “if a claim of the misappropriation is made in bad faith, which may be established by circumstantial evidence, . . .

Vazzano v. Receivable Management Services, LLC

District Court, N.D. Texas · Aug 12, 2022

Ct. 2190 (2021), Vazzano cannot simply point to a violation of the FDCPA to establish standing. … Mar. 20, 2015) (“Plaintiff’s letter clearly stated ‘I will not pay this debt.’ It was not ambiguous on its face.” (citation omitted)).

Med-Cert Home Care, LLC v. Azar, II

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

Second, a provider can seek “reconsideration” from a qualified independent contractor [(“QIC”)]. See 42 U.S.C. § 1395ff(b)–(c), (g); 42 C.F.R. §§ 405.902, 405.904(a)(2). … Plaintiff then appealed the MAC’s decision and submitted a request for “reconsideration” from a qualified independent contractor (“QIC”). (ECF No. 4, pgs. 130-37).

VIP Financial Services, LLC v. Frost Bank

District Court, N.D. Texas · Jul 15, 2022

Thus, the bankruptcy court held that VIP did not establish any entitlement to equitable relief. Id. … However, they do not challenge the trial court’s ruling that Feezer was not qualified to offer valuation testimony or testimony about the Munns’ equity in the Property.

Ortiz v. American Airlines Inc

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

The court has had, and defendants have expressed, uncertainty concerning the exact nature of the claims that are being asserted by plaintiffs, which were not resolved until plaintiffs clearly … Defendants violated their fiduciary duties by having the AA Credit Union Fund as the only Plan investment option that would qualify as an income-producing, low-risk, liquid fund.

Standish v. Berryhill

District Court, N.D. Texas · Sep 25, 2019

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, so the ALJ’s RFC determination … discussing the extent of the claimant’s impairment substantially supported the ALJ’s RFC assessment, finding that it was unable to determine the effects of the claimant’s condition on his ability to work absent reports from qualified

Disability Rights Texas v. Bishop

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

Chevron Deference “[A]dministrative implementation of a particular statutory provision qualifies for Chevron deference when it appears that Congress delegated authority … Such a result is clearly absurd and militates against adhering to Bishop’s construction. See generally Tex. Brine Co., LLC v. Am. Arb.

Booth v. US Bank Trust NA

District Court, N.D. Texas · Oct 1, 2024

Booth’s litigation history strongly supports a finding that he qualifies as a vexatious litigant who has abused the judicial system. … Thus, the first three Baum factors clearly support a pre-filing injunction.

Welsh v. Lubbock County

District Court, N.D. Texas · Jan 31, 2022

He contends that Jenkins—who answered Plaintiff's grievances about the housing classification—was clearly indifferent to the procedural requirements of the Constitution. (See id. at 16.) … Stalder, 329 F.3d 431, 436 (5th Cir. 2013) (remanding the case because serving 30 years in lockdown might qualify as extraordinary circumstances).

Meadows v. Procunier

636 F. Supp. 1 · District Court, N.D. Texas · Jan 23, 1985

____the standard which should be met to sustain such a claim, viz. a history of mental illness, substantial evidence of mental incompetence at or near the time of trial supported by the opinions of qualified physicians and … Clearly, having contact with a defendant behind the back of his attorney is suspect.

Noel v. Paul

District Court, N.D. Texas · Sep 9, 2022

Plaintiff has not attempted to establish these elements, which is alone reason enough to uphold the choice-of-law provision under § 187(2)(b). … First, Noel’s claims against KSG are clearly factually intertwined with his claims against Paul.

Chandler v. Berryhill

District Court, N.D. Texas · Oct 27, 2020

On November 10, 2010, Plaintiff established pain management care with Erin Z. Silav, M.D. 2 (Id. at 321-326). … 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, so the ALJ’s RFC determination

Micheaux

District Court, N.D. Texas · Jan 19, 2026

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 … Bank qualifies as a “mortgagee” under Chapter 51 of the Texas Property Code. See TEX. PROP. CODE § 51.0025; Dkt. No. 62 at 12-14.

Greathouse v. Capital Plus Financial, LLC

District Court, N.D. Texas · Sep 6, 2023

This included establishing corporate policies and supervising Capital Plus’s PPP lending activities. … As stated in depth before, the breach-of-contract claim is clearly contractual, and the other claims arise out of and relate to the alleged contractual relationship with Capital Plus.12 At issue is the conduct surrounding

Esaadi

District Court, N.D. Texas · Aug 14, 2026

Because failure to exhaust is an affirmative defense, Amazon can obtain dismissal on this basis only if it “appear[s] clearly on the face of the pleadings.” Id. at *3 (internal quotation marks omitted). … To establish a prima facie case for disparate treatment discrimination claims, a plaintiff must show that he (1) “is a member of a protected class”; (2) “was qualified for [his] position”; (3) “suffered an adverse employment

US Risk LLC v. Chubb Global Syndicate 2488

District Court, N.D. Texas · Jan 19, 2023

CUAL relies on this affidavit to establish damages as an element of its counterclaims. The court will therefore address that motion in this order as well. … Rule 701 allows employees to testify on matters that relate to their business affairs, including industry practices and pricing, without qualifying as an expert.

Sting Soccer Group LP v. Rated Sports Group LP

District Court, N.D. Texas · Nov 12, 2021

“The protectability of unregistered marks is governed generally by the same principles that qualify a mark for registration under the Lanham Act.” Smack Apparel Co., 550 F.3d at 475 (citing Two Pesos, Inc. v. … TEXAS CUP is clearly not a generic term that “names a ‘class’ of goods or services, rather than any particular feature or exemplification of the class.” See United States Pat. & Trademark Off. v. Booking.com B.